2007 Legislative Report

Oklahoma State Radiological Society

Oklahoma State Radiological Society
Oklahoma State Legislative Report
First Floor Deadline
3/20/08

Legislative Deadlines: Thursday, March 13 was the deadline for bills to be voted from the floor of the house of introduction. This deadline applies to carryover bills from the 2007 session as well as bills introduced in 2008. House and Senate bills will now be considered in the opposite house. The deadline for Senate bills to be considered in House sub committees is Thursday, April 3rd and in full House committees is Thursday, April 17. The deadline for House bills to be considered in Senate committees is Thursday, April 3. The deadline for floor consideration in both houses is Thursday, April 24th.

HB 1647, Licensure of Radiologist Assistants, Peterson/Williamson, permits radiologists to use the services of a radiologist assistant to practice radiology assistance under the supervision of a radiologist. Status: Passed the House; assigned to the Senate Committee on Health & Human Resources. HB 1647 - is supported by the OSRS, the OSMA, the OOA and the Patient's First Coalition.

According to the American College of Radiology, a radiologist assistant is an advanced-level radiographer who works under the direct supervision of a radiologist to promote high standards of patient care by assisting radiologists in the diagnostic imaging environment. Under radiologist supervision, the R.A. performs patient assessment, patient management, and selected clinical imaging procedures. Certification as an R.A. does not quality the R.A. to perform interpretations (preliminary, final, or otherwise) of any radiological examination.

The provisions of the measure are as follows:

Radiologist assistants are licensed by the State Board of Medical Licensure and Supervision and shall practice under the direct supervision of a radiologist who is licensed by the State Board of Medical Licensure and Supervision or Board of Osteopathic Examiners.
A radiologist assistant may not interpret images, make diagnoses or prescribe medications or therapies or obtain informed consent.
Creates a Radiologist Assistant Advisory Committee that may make recommendations to the Board regarding educational requirements, scope of practice and other matters.
The Board of Medical Licensure and Supervision is the final authority on scope of practice and all other matters.

Health Care Workforce Legislation

HB 1830 - Kiesel/Adelson, creates an Oklahoma Geriatric Medical Loan Repayment Program and directs the State Department of Health to manage the program, to provide educational loan repayment assistance for up to five Oklahoma licensed physicians who have completed a fellowship training program in geriatrics, including geropsychiatry, per year. The awards, depending on the available funds, will be up to $25,000 per year for a five-year period. The geriatric specialists participating in the program must agree to provide medical care and services in a region of the state experience a shortage of specialists. The measure lists the qualifications to be a participant in the program. Status: Carryover bill; passed the House.

HB 2677 - Sears/Crain, is new law creating the Oklahoma Medical Loan Repayment Program to be administered by the Physician Manpower Training Commission to provide educational loan repayment assistance for up to six Oklahoma licensed primary care physicians per year who agree to establish a practice in a community approved by the commission. The measure also provides that physicians entering the program each year shall agree to provide medical care to Medicaid recipients. Status: Passed the House; assigned to the Senate Committee on Appropriations.

HB 3114 - Peterson/Mazzei, creates the Oklahoma Workforce Incentives Act of 2008, granting tax deductions for qualified compensation paid by eligible employers, including businesses in the aerospace, energy, biotechnology, information technology or health care industries. Status: Passed the House.

SB 1687 - Paddack/Cox, creates the Oklahoma Health Care Workers and Educators Assistance Program, stating legislative intent about the need to expand health care education capacity. This request will require $18 million appropriation over three years. FY 2009 cost is $7.8 million, with an addition of approximately $5.1 million in both FY 2010 and FY 2011. Status: Passed the Senate.

Insurance Legislation

HB 2759 - Cox/Paddack, mirrors SB 2123 by prohibiting state regulated health insurance plans from reversing their decision once pre-certification or pre-authorization of a procedure has been approved and rendered. The measure includes provisions to strengthen the clean claims statute. Status: Passed from the House Sub Committee on Insurance and Retirement; failed to receive a hearing in the full committee.

HB 3111 - R. Peterson/ Jolley, restricts bills mandating health coverage or offering of health coverage to being filed in odd-numbered years during a regular session. It restricts passage of such bills to even-numbered years of session. If the bill is introduced for an unforeseen emergency situation, three-fourths of the members of each house must agree to hear the measure. The bill requires the compilation of reports on the social and financial impacts of the legislation. Status: Passed the House.

HB 3115 - Blackwell, modifies language related to exemptions to the Oklahoma Insurance Code, specifically modifying the definition of a nonprofit religious organization to clarify that it does not prevent the organization from establishing qualifications of participation relating to the health of the prospective participant or limiting the financial or medical needs that may be eligible for payment among participants. Status: Passed the House.

HB 3380 - Faught/ Brown, limits the amount of damages that may be recovered by individuals involved in an accident who are not in compliance with the compulsory insurance law and provides certain exceptions to the limits. Status: Passed the House.

SB 14 - Leftwich/Coody, requires health benefit plans that provide medical and surgical benefits, beginning Jan. 1, 2008, to provide coverage for colorectal cancer examinations and laboratory tests for cancer for any nonsymptomatic covered individual who is at least 50 years of age or who is less than 50 years of age and at high risk for colorectal cancer according to the standard, accepted published medical practice guidelines. Status: Carryover from 2007; assigned to the House Committee on Economic Development & Financial Services.

SB 1189 - Aldridge/Blackwell, authorizes the risk management administrator, in conjunction with the state purchasing director, to negotiate insurance-related services, including insurance brokerage and consulting services. The measure also allows the state purchasing director to authorize the risk management administrator to bind for insurance coverage with providers. Status: Passed the Senate; assigned to the House Committee on General Government.

SB 1407 - Gumm/Cox, requires individual or group health benefit plans, including the Oklahoma State and Education Employees Group Health Insurance Plan, to reimburse for immunizations not containing mercury at the same rate as immunizations containing mercury beginning Jan. 1, 2009. Status: Passed the Senate.

SB 1458 - Rice - McCarter, creates the Veterans' Health Insurance Program Act to be implemented on or after July 1, 2009. The bill directs the Department of Veterans' Affairs to purchase or provide medical assistance to eligible and enrolled veterans identical to the benefits provided adults under Medicaid, except for nursing facility services and non- emergency transportation. The bill directs that enrollment be based on availability of funds, and enrollment may be capped. Status: Passed the Senate; assigned to the House Committee on Economic Development & Financial Services.

SB 1521- Rice/Steele, creates Steffanie's Law for Clinical Trial Access, stating that any health benefit plan, including the State and Education Employees Group Health Insurance Plan, issued or renewed after Jan. 1, 2009, provide coverage for routine patient care costs incurred as a result of the patient's participation in a phase I, II, III or IV cancer clinical trial under certain circumstances. The bill authorizes a health benefit plan to impose deductibles, coinsurance requirements or other standard cost-sharing provisions on benefits provided. Status: Passed the Senate.

SB 1609 - Wilson/Brown, changes the definition of "dependent" within the State and Education Employees Group Insurance Act from under age 23 to under age 25. Status: Passed the Senate; assigned to the House Committee on Economic Development & Financial Services.

SB 1640 - Ivester/Blackwell, requires health insurance plans to provide equal reimbursement for services when the policy provides for reimbursement for any mental or behavioral health or alcohol and drug treatment that is within the scope of practice of a licensed physician, physician assistant, licensed clinical social worker, licensed professional counselor, licensed marriage and family therapist, certified or licensed drug and alcohol counselor, licensed behavioral practitioner, licensed psychologist or registered nurse. The bill also provides for certain reimbursement for licensed marital and family therapy services constituting the practice of marital and family therapy. Passed the Senate; assigned to the House Committee on Economic Development & Financial Services.

SB 1839, by Sen. Kenneth Corn, D-Poteau and Rep. Daniel Sullivan, R-Tulsa, clarifies language related to the Uniform Arbitration Act and adds contracts between insurance companies to the act's jurisdiction. Status: Passed the Senate; assigned to the House Committee on Judiciary & Public Safety.

SB 1863 - Paddack/Peterson, specifies the Legislature's intent in analyzing Oklahoma's uninsured population and updating the Legislature's study of that population. This is the vehicle for the State Insurance Commissioner's Oklahoma Choosing Health plans All Together (CHAT) initiative. Passed the Senate; assigned to the House Committee on Economic Development & Financial Services.

SB 1980 - Burrage/Peterson, creates the Viatical Settlements Act of 2008. The bill also repeals the existing Viatical Settlements Act and the Life Settlement Act. Passed the Senate; assigned to the House Committee on Economic Development & Financial Services.

SB 1999 - Aldridge/ Wright, creates a 13-member task force to conduct a comprehensive review of the functions, operations and services of the State and Education Employees Group Insurance Board and the Oklahoma State Employees Benefits Council. Status: Passed the Senate; assigned to the House Committee on Economic Development & Financial Services.

SB 2114 -Wilson/Morgan, requires any health benefit plan to cover any health care service deemed "medically necessary" by a health care professional. Status: Failed in the Senate.

SB 2118 - Sparks/Cox, amends the Insurance Code and the State and Education Employees Insurance Code to require, when contractual changes with fiscal impact are done by rule or policy by the plan, both parties to the contract must agree to the change in writing. The bill was amended on senate floor on March 10 to include an autism coverage mandate. Status: Passed the Senate.

SB 2119 - Sparks/Peterson, increases the cap of the lifetime limit for expenses covered under the Health Insurance High Risk Pool Act from $500,000 to $1 million. The measure also presumes that a competitive market exists for a line of insurance unless the Insurance Commissioner, after a hearing, issues an order stating that a reasonable degree of competition does not exist in the market.. Status: Passed the Senate.

SB 2122 Sparks/Peterson, creates the Crimes By or Affecting Persons Engaged in the Business of Insurance Act. Status: Passed the Senate.

Medicaid

Funding: The state equalization board has told lawmakers they will have about $113.9 million less to appropriate for the next fiscal year which begins July 1.

During the 2006 session and continuing into the 2007 legislative session, health care forces worked to increase appropriations to fully fund physician and hospital rates under Medicaid to those that Medicare will pay. Currently, when appropriated state funds are matched with federal dollars, they generate about $300 million to fund hospitals at the federal UPL or the cost of providing care for Medicaid patients and physicians at no less than 100 percent of Medicare.

As of Jan. 1, 2007, hospitals in aggregate were funded at the federal UPL and physicians at no less than 100% of Medicare. The Oklahoma Health Care Authority included these funds as a part of its budget for FY ‘09.

Annualizations

FMAP rate change from 67.10 percent to 65.90 percent effective 10/1/08 will require $33,539,893 state share.
Hospital rate increase effective 1/1/07 (Federal UPL) will require an additional $4,686,888 state share for a total of $13,744,540 (state/federal).

Rate Increases

Hospital outpatient increase 3.3 percent CPI (6 months) will require $1,105,200 state share for a total of $3,241,054 (state/federal).

Mandates

All Kids Act implementation - increase participation rate to 95 percent for children at 250 percent of FPL will require $15,910,014 state share for a total of $46,605,642.

Other Medicaid Legislation

HB 1036 - Cooksey/Lamb, provides evaluation and treatment services to Medicaid patients for chronic kidney disease and requires tracking of cost savings for appropriate diagnostic testing. Status: 2007 carryover bill; passed the House; assigned to the Senate Appropriations Sub-Committee on Health & Social Services.

HB 1931 - Steele/Adelson, modifies membership of the Oklahoma Health Care Authority board, which now will consist of seven members. It directs the president pro tempore of the Senate, the speaker of the House and the governor to appoint members and specifies qualifications of the appointees. It requires that the administrator serve at the pleasure of the board. It adds language regarding procedure for when a member serves less than seven years. Status: 2007 carryover bill; passed the House; assigned to the Senate Committee on Rules.

HB 2197 - Cannaday/Laster, modifies language relating to the calculation of the amount of public assistance for which individuals may qualify. It increases the amount exempt from consideration from $7,500 to $10,000 plus interest allowed for an irrevocable contract, designated account or cash value in insurance policies or any combination of those amounts. Status: Passed the House.

HB 2254/HB 2384/HB 2385/SB 1260/SB 1261/SB 1361 - Miller/Crutchfield, Oklahoma Health Care Authority appropriation measures. Status: Passed the House.

HB 2458 - Schwartz/Laster, amends the Governmental Tort Claims Act, to include to include physicians with an administrative professional services contract with the Oklahoma Health Care Authority and who is limited to performing administrative duties such as professional guidance for medical reviews, reimbursement rates, service utilization, health care delivery and benefit design for OHCA. Status: Passed the House.

HB 2531 - Steele/Adelson, authorizes the Oklahoma Health Care Authority to enter into a contract with an Evidence Based Medicine based Pay for Performance program. Status: Passed the House.

HB 2703 - Steele/Johnson, creates the Consumer Protection for Wheeled Mobility Act, establishing requirements for Medicaid claims on all purchased wheeled mobility. It also places certain requirements on construction or alternations to buildings or facilities beginning Nov. 1, 2008. The language requires buildings open to public use provide an automatic door; that two-story buildings open to public use provide at least one handicapped accessible restroom with an automatic door on each floor; and that buildings open to public use follow the guidelines set forth by the Americans with Disabilities Act Accessibility Guidelines. Status: Passed the House.

HB 2713 - Billy/Crain, amends the Oklahoma Medicaid Program Reform act of 2003, by exempting foster parents employed by employers with greater than 250 employees from the qualifying employer requirement. It allows such individuals to qualify for the premium assistance program. Status: Passed the House.

HB 2989 - J. McDaniel/Crain, authorizes the Oklahoma Health Care Authority to establish and maintain a health and wellness program for its employees. Status: Passed the House.

SB 1404 - Brown/Wright, modifies language under the Oklahoma Medicaid Program Reform Act of 2003, authorizing the Oklahoma Health Care Authority to seek waivers or amendments to expand the premium assistance program to include non-profit employers with 500 employees or less. Status: Passed the Senate; assigned to the House Committee on Public Health.

SB 1549 - Crain/Cox, relates to the Oklahoma Medicaid False Claims Act by removing language relating to penalties for making false records or statements to conceal, avoid or decrease an obligation to pay money or property to the state. The bill was amended on the Senate floor to require nursing homes to carry $250,000 in liability insurance. Status: Passed the Senate; assigned to the House Committee on Public Health.

Public Health

HB 2574 - Hickman/Jolley, increases physical education requirements in school from 60 to 120 minutes the amount of time spent on P.E. each week and expands the requirement to include kindergarten through sixth grades beginning with the 2009-2010 school year. It also modifies the P.E. requirements for grades seven and eight, requiring instruction in physical education, health, nutrition, family and consumer sciences or athletics for a minimum of 45 hours each school year. Status: Passed the House.

HB 2607 - Peterson/Nichols, amends law requiring physicians to report to law enforcement criminally injurious conduct that appears to be or is reported by the victim as rape, rape by instrumentation, forcible sodomy or any form of sexual assault. The bill states that the reporting requirements do not apply to victims over 18 who are not an incapacitated adult. It requires reporting to law enforcement by a health care professional if requested orally or in writing by the victim. It prescribes methods for documenting the event and reference to service programs. It also directs treating physicians to refer victims to sexual assault and victim services programs. Status: Passed the House.

HB 2705 - Steele/Laster, amends the Maternal and Infant Care Act, directing that all prenatal classes offered includes education on the risks of drug and alcohol use during pregnancy, the risks of underage drinking and information on screening, intervention and referral for treatment of substance dependency. Status: Passed the House.

HB 2788 - Jackson/Corn, creates a 12-member KidSafe Child Abuse Task Force to provide oversight regarding the role of specialized child abuse investigators, monitor case activity for matters involving alleged or adjudicated instances of child abuse or neglect, and develop recommendations to the Legislature and governor. Status: Passed the House.

HB 3060 - Hamilton/ Gumm, directs the Department of Health to collaborate with a private blood donor or blood bank organization to operate a public umbilical cord blood bank to collect and store umbilical cord blood and placental tissue donated by maternity patients. The bill directs the department to establish a program to educate maternity patients about cord blood banking. The measure also includes a provision that does not obligate a hospital to collect umbilical cord blood or placental tissue if, in the professional judgment of a physician licensed in this state, the collection would threaten the health of the mother or child. Status: Passed the House.

HB 3126 - Enns/ Crain, creates the Advancement in Stem Cell Cures and Therapies Act, allowing stem cell research to be conducted in the state if it is performed ethically and safely, in accordance with federal law and without the use of a human embryo. It directs the Department of Health to establish a reporting system to collect information regarding all stem cell research activities. Status: Passed the House.

HB 3144 - Billy/Lamb, requires physicians providing abortions to perform an obstetric ultrasound on the pregnant woman at least one hour prior to the woman having any part of an abortion performed or induced and prior to the administration of any anesthesia or medication in preparation for the abortion. The physician is also required to provide an explanation of what the ultrasound depicts, display the ultrasound images so the woman can view them and provide a medical description of the images. It requires physicians providing an emergency abortion to provide in writing the specific medical conditions that constituted an emergency. It also requires such information to be placed in the woman's medical file for not less than seven years. The bill also provides penalties for abortion providers who knowingly violate the preceding language and provides an avenue for the woman to seek injunctive relief. Status: Passed the House.

HB 3148 - Derby/Nichols, adds N-benzylpiperazine, salvia divinorum and salvinorin A to the list of Schedule I controlled substances. It adds hydromorphone and oxymorphone to the list of Schedule II controlled substances. It adds tremadol to the list of Schedule IV controlled substances. Status: Passed the House.

HB 3395 - Cargill/Johnson, directs the State Department of Education to establish a School Health Educators pilot program to assist school districts in establishing student health and wellness programs. Status: Passed the House.

SB 47 - Crain/Tibbs, prohibits the forced implantation of a microchip and authorizes the Department of Health to impose a maximum fine of $10,000 against violators. Each day of continued violation would constitute a separate offense. An exception to the bill allows implantation of microchips in persons who have been convicted of offenses such as forcible sodomy, forcible rape, child prostitution and abuse of a vulnerable adult. Status: Carryover from 2007; Conference Committee requested.

SB 1186 - Easley/Coody, increases the amount of physical education or exercise required for public elementary school students from 60 minutes to 120 minutes each week. Status: Passed the Senate; assigned to the House Committee on Education.

SB 1612, by Sen. Ron Justice, R-Chickasha and Rep. Susan Winchester, R-Chickasha, creates the Quality Afterschool Opportunities Act to Reduce Childhood Obesity and Improve Academic Performance. Status: Passed the Senate; assigned to the House Committee Public Health.

SB 1656 - C. Johnson/Cox, creates until Nov. 30, 2009, the Person-Centered Medical Home Task Force within the Insurance Department to study the quality, safety, value and effectiveness of the patient-centered medical home concept. Status: Passed the Senate; assigned to the House Committee on Economic Development & Financial Services.

SB 1708 - Coffee/ Duncan, creates the Oklahoma Uniform Anatomical Gift Act, which contains language relating to anatomical gifts of a donor's body or part that may be made during the life of a donor for the purpose of transplantation, therapy, research or education. The bill allows the Department of Public Safety to establish or contract for the establishment of a donor registry. It directs medical examiners to cooperate with procurement organizations to maximize the opportunity to recover anatomical gifts. The bill repeals existing language relating to definitions and persons who may execute an anatomical gift. Status: Passed the Senate; assigned to the House Committee on Public Health.

SB 1878 - Lamb/P.Peterson, creates the Freedom of Conscience Act, which gives employees of health care facilities the right to choose not to participate in an objectionable activity based on moral or religious grounds. It provides immunity to such employees for damage caused by their choosing not to participate. It provides a related anti-discrimination provision. It provides a course of action for employees when an employer violates the act. Status: Passed the Senate; assigned to the House Committee on Judiciary & Public Safety.

SB 1918 - Adelson/Denney, creates new definitions related to tuberculosis and clarifies language related to orders of the Commissioner of Health for those with the disease. The bill also authorizes local health officials to impose isolation on those with or suspected to have a communicable disease of public health concern. The bill authorizes district courts to grant injunctive relief to compel compliance with local health officials' orders. Status: Passed the Senate; assigned to the House Committee on Public Health.

SB 1745 - Bass/Cox, makes it a misdemeanor for anyone to purchase, access, compile or maintain electronically accessible driver's license information for commercial purposes and provides certain exemptions. The measure makes it a misdemeanor to sell, purchase, trade or otherwise disseminate such information. The measure is aimed at tobacco companies that use this information to market products. Status: Passed the Senate; assigned to the House Committee on General Government & Transportation.

SB 1794 - Laster/Derby, requires those purchasing or obtaining any mixture containing dextromethorphan or any spray paint product to show a valid drivers license or state-issued identification showing the birth date of the individual. Prohibits the sales of unfinished dextromethorphan products to anyone but those individuals licensed by the U.S. Food and Drug Administration and requires those possessing the products to register with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. The bill also expands the purpose of the Drug Abuse Education Act of 1972. Status: Passed the Senate; assigned to the House Committee on Judiciary & Public Safety.

SB 1829 -Eason McIntyre/Pittman, creates a 13-member Task Force on the Status of Statewide Minority Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) Program. The bill directs the task force to hold two statewide hearings, one in Oklahoma City and one in Tulsa. Status: Passed the Senate; assigned to the House Committee on Public Health.

SJR 41- Crain/Cox, directs the State Board of Health to prepare and submit to the Legislature a health improvement plan for Oklahoma for the general improvement of the physical, social and mental well-being of the people of the state through a high-functioning public health system. Status: Passed the Senate; assigned to the House Committee on Rules.

SR 52 - Adelson, encourages local and state elected officials and government agencies to educate and create infrastructures and incentives through parks and schools to lead awareness campaigns to build a healthier Oklahoma. Status: Introduced in the Senate.

Professions

HB 2760 - Cox/Crutchfield, allows persons licensed as physical therapists or physical therapist assistants to provide therapy under the referral of a physician assistant. Status: Passed the House.

HB 2763 - Cox/Ford, authorizes the executive director of the State Board of Medical Licensure and Supervision to commission certified employees within the Department of Investigations of the board as peace officers. Status: Passed the House.

HB 2955 - Tibbs/Schulz, allows licensure boards to suspend, revoke or refuse to renew a license, registration or certificate of authority to individuals convicted of crimes that substantially relate to the practice under the authority of the boards. It allows for applicants to appeal such decisions within 30 days. Status: Passed the House.

SB 1638 - Paddack, creates the Non-Physician Practitioners Supervision Act, which outlines the guidelines for the delivery of certain health care services by specific non-physicians, including physician's assistants, advanced nurse practitioners, clinical nurse specialists, nurse mid-wives and certified nurse anesthetists. Status: Failed Deadline.

PREPARED BY LYNNE WHITE

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