Oklahoma State Radiological Society

Legislative Report: 2007 Spring Meeting
As of April 14, 2007
Prepared by:  Lynne White

The deadline for bills to be reported from Senate committees and House subcommittees was Thursday, April 5.  The deadline for final committee action on House bills is Thursday, April 19.  The deadline for bills to be considered on the floor of the opposite house is Thursday, April 26.  Bills that received a “Do Pass” recommendation from a Senate or House Committee will be considered by the full Senate or House (General Order). 

State Funding

Governor Vetoes Budget Bill

On Wednesday, March 28, Governor Henry approved all but one part of the supplemental funding included in the House and Senate budget agreement (HB 1234) and vetoed those sections providing funding for fiscal year (FY) 2008, which begins July 1, 2007.  The veto included funding to maintain physicians at 100% of Medicare and hospitals at the federal Upper Payment Limit. 

According to the legislative agreement, hospitals were to be funded for FY ‘08, beginning July 1, 2007, at the federal Upper Payment Limit and physicians would continue to be funded at no less than 100 percent of Medicare. There is no indication from the governor or legislative leaders that these items will not be funded once agreement is reached on other issues.

Highlights of the budget and tax agreement are as follows:

  1. A tax relief package that includes a back-to-school sales tax holiday, an acceleration of the existing income tax cuts by a year, the elimination of the franchise tax for small businesses owing $250 or less, and a childcare tax credit for stay-at-home parents.
  2. A $6.8 billion budget for FY ’08 that reduces government spending by about 3 percent to cover all state agencies.
  3. A $92 million supplemental funding package for this fiscal year FY 2007:
    • 60.3 million for public schools;
    • $10 million for the Department of Corrections;
    • $5.5 million for higher education for OHLAP (Oklahoma Higher Learning Access Program) to cover the overestimation of lottery revenues.
  1. OHLAP – the Regents for Higher Education will receive $11 million to fund the growth in the OHLAP scholarship program this year.
  2. Fund Education First – the agreement meets the Fund Education First deadline for the first time and includes $5.6 million for ACE Initiative remediation programs, and $2 million for Academic Achievement Awards.
  3. $10 million in one-time funds for the state’s Civil Emergency Management Fund.

  Even with the agreement lawmakers would be left about $66 million that could be appropriated later in the session. 

  Lawsuit Reform

 SB 507 - Sen. Jim Williamson and Rep. Daniel Sullivan, is the vehicle for a major, broad-based lawsuit reform bill that is supported by physicians, hospitals and business leaders.  The measure contains the following:

 Reinstitution of the Certificate of Merit requirement which was originally passed   by the Oklahoma Legislature in 2004 but was struck down by the Oklahoma Supreme Court last year.

  • Enact a $300,000 cap on non-economic damages.
  • Limit liability for doctors and hospitals that provide volunteer/charitable care.
  • Limit prejudgment interest.
  • Place new procedural limitations on medical malpractice actions.
  • Enact a two-year statute of limitations and a 10-year statute of repose in medical liability cases.
  • Require stricter qualifications for experts in medical liability cases.
  • Allow evidence of collateral source payments from third parties in medical liability cases.
  • Eliminate joint and several liability for defendants less than 50 percent at fault.
  • Allow periodic payments for damage awards in medical liability cases.
  • Peer review protection - to encourage our physicians to have frank discussions regarding patient care without fear of lawsuit.
  • Require reduction of damage awards by percentage of responsibility of settling party.
  • Enact procedural reforms to prohibit junk science.
  • Reform class action lawsuits and attorney fees in class action cases.  Place limits on product liability actions.
  • Provide liability protection for teachers and other school officials.
  • Adopt the federal court rule that requires both parties to agree to the dismissal of the lawsuit.

  SB 507 is the vehicle for lawsuit reform this session.  At this writing it looks as though this legislation has a good chance of passage in both houses.  It is unclear whether or not the governor will sign or veto the bill should it reach his desk. 

Process: The measure will, most likely, pass the House then go back to the Senate for acceptance or rejection of House amendments.  If amendments are accepted the bill will go to the governor for action.  If amendments are rejected the bill will go to a joint House/Senate Conference Committee for action.  Status: Passed the House Committee on Judiciary - on General Order in the House.

Professions

SB 55 – Physician Tax Credit – Sen. Patrick Anderson and Rep. James Covey, provides an income tax credit to primary care physicians, licensed in Oklahoma and serving in municipalities outside of Oklahoma City and Tulsa and whose population is less than 20,000. The credit would be limited to $5,000 each year for a maximum five years. Status: Passed the Senate - assigned to the House Committee on Appropriations.

HB 1464 – Oklahoma Medical Loan Repayment Program – by Rep. Earl Sears and Sen. Todd Lamb, creates the program to provide educational loan repayment assistance for up to five licensed pediatric specialists, including child psychiatrists, per year. Status: Passed the House - failed the deadline in the Senate.

HB 1647 – Radiologist Assistants – by Rep. Pam Peterson and Sen. Jim Williamson, permits radiologists to use the services of a radiologist assistant to work under the supervision of a radiologist licensed in Oklahoma . The Board of Medical Licensure and Supervision shall promulgate rules based on the guidelines of the American College of Radiology, the American Society of Radiology Technologists and the American Registry of Radiologic Technologists. Status: Held in House Committee – may be considered in the 2008 session. 

HB 1830 – Oklahoma Geriatric Medical Loan Repayment Program – by Rep. Ryan Kiesel, creates the 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 per year who have completed a fellowship training program in geriatrics, including geropsychiatry. The awards, depending on the available funds, will be up to $25,000 per year for a five-year period. Status: General Order in the House - failed the deadline in the Senate. 

Medicaid

SB 424 – All Kids Act – by Sen. Tom Adelson, Rep. Doug Cox, creates the “All Kids Act” to require the Oklahoma Health Care Authority to establish a program to provide health insurance to children 18 years of age and younger whose family income is between 185 percent and 300 percent of the poverty level. Status: Passed the Senate - assigned to the House Committee on Economic Development and Financial Services.

SCR 6 – SCHIP – Sen. Brian Crain, requests from Congress the reauthorization of the State Children's Health Insurance Program by Concurrent Resolution. Status: Passed the Senate - assigned to the House Committee on Rules.

HB 1303 – Balance Billing – by Rep. John Enns and Sen. Tom Adelson, provides that payment for services to Medicaid patients to providers shall be considered payment in full with the exclusion of co-pays. This provision does not apply to the Employer/Employee Partnership for Insurance Coverage Premium Assistance Program (O-EPIC) program. Status: Passed the House - passed the Senate committee - on General Order in the Senate.

HB 1747 – O-EPIC Expansion – by Rep. Chuck Hoskin and Sen. Sean Burrage, modifies language related to the Oklahoma Medicaid Program Reform Act of 2003, requiring employees eligible for the Employer/Employee Partnership for Insurance Coverage Premium Assistance Program (O-EPIC) have a household income at or below 200 percent of the federal poverty level.  This legislation has the support of the Oklahoma State Chamber of Commerce and Industry and all health care groups.  It will likely be attached as an amendment in another vehicle. Status: General Order in the House - failed deadline in the House.

Insurance and OSEEGIB

SB 14 – Colorectal Cancer Screening – by Sen. Debbe Leftwich and Rep. Ann 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: Passed the Senate - assigned to the House Committee on Economic Development and Financial Services.

SB 560 – Clean Claims – by Sen. John Sparks and Rep. Daniel Sullivan, adds “health care provider” to the list of entities that shall be notified within 30 calendar days after the receipt of the claim if the submitted claim has defects. Status: Passed the Senate - passed the House committee - on General Order in the House. 

SB 690 – Task Force on Teachers’ Health Insurance – by Sen. Clark Jolley, creates a 12-member task force until Dec. 31, 2007, to study all aspects of health insurance coverage for teachers. Status: Passed the Senate - assigned to the House Committee on Rules.

HB 1674 – OSEEGIB – Flexible Benefits – by Rep. Todd Thomsen and Sen. Todd Lamb, modifies language relating to the application of flexible benefit allowances for school district employees under the Larry Dickerson Education Flexible Benefits Allowance Act. Status: Passed the House - passed the Senate committee - on General Order in the Senate.

HB 1928 – Health Savings Accounts – by Rep. Kris Steele and Sen. Brian Crain, modifies the Health Savings Account Act by making the maximum contribution allowable equal to that allowed by the Internal Revenue Code. It also modifies provisions governing the treatment of interest regarding the Oklahoma Income Tax Act. It directs the Oklahoma State and Education Employees Group Insurance Board to make the accounts available to eligible employees. Status: To the governor for action.

HB 1961 – Uninsured Motorist Coverage – by Rep. Ron Peterson, amends the uninsured motorist coverage statute that provides that a named insured or an applicant having the right to reject uninsured motorist coverage in writing. The form remains valid for the life of the policy and any changes to an existing policy to not create a new policy. The bill also states that in cases of civil action involving a vehicle accident, uninsured plaintiffs or claimants are limited to seeking medical costs, property damage or lost income against another party. Status: Passed the House - passed the Senate committee - on General Order in the Senate.

HCR 1010 – Core Health Benefit Task Force – by Rep. Ron Peterson, creates a 12-member task force to develop recommendations concerning minimum standards for a core benefit plan. Status: Passed the House - On General Order in the Senate.

Hospitals

SB 133 – Carbon Monoxide Detectors – Sen. Richard C. Lerblance and Rep. Terry Harrison, requires the installation of approved carbon monoxide detectors in any building structure used as a hospital, church, theater, hotel, motel, apartment house, rooming house, dormitory, rest home, nursing home, day nursery, convalescent home, auditorium, or child care institution. Status: Passed the Senate - assigned to the House Committee on Judiciary and Public Safety.

SB 139 – Cord Blood Bank – Sen. Jay Paul Gumm, directs the University of Oklahoma Health Sciences Center, in collaboration with the commissioner of health, to establish and maintain a public umbilical cord blood bank for collecting and storing umbilical cord blood and placental tissue donated by maternity patients. Sen. Gumm is requesting an appropriation of $3 million for start-up costs. HB 1896 – Rep. Rebecca Hamilton, requests a $3 million appropriation. Status: Passed the Senate - passed the House Committee - on General Order in the Senate.

SB 156 – Hospitals Self-Help Act – Sen. Owen Laughlin creates the Act for the establishment of health care districts to promote efficient administration of health care service delivery. Health care districts may be established by local communities and tax dollars may be received for the benefit of hospitals and health care services. Tax dollars could be Medicaid-matched to fund appropriate services. At this time the Centers for Medicare and Medicaid Services (CMS) has not approved similar proposals. Status: Passed the Senate - assigned to the House Committee on Public Health.

SB 163 – Open Meetings Act – Sen. Owen Laughlin amends the definition of "public body" for purposes of the Open Meeting Act. It amends the definition of "meeting" to exclude informal gatherings of a majority of members of a public body when no business of that body is being discussed. Status: Passed the Senate - assigned to the House Committee on General Government.

SB 486 – Advance Directive Registry – Sen. Todd Lamb and Rep. Colby Schwartz, requires the State Board of Health to establish and maintain an advance directives registry. The advance directives will be accessible by the person who executed the advance directive and any person related within the second degree to the person who executed it or a health care provider caring for the person who executed it. The bill also directs the State Board of Health to maintain a Web site of advance directive forms that may be downloaded for printing and word processing programs. Status: Passed the Senate - passed the House committee - on General Order in the House.

SB 512 – Liens – Sen. David Myers, Rep. Ken Luttrell, authorizes liens for medical claims be placed on medical diagnostic imaging facilities not affiliated with a hospital that provides diagnostic imaging including magnetic resonance imaging (MRI), Computed Tomography (CT) and Positron Emission Tomography (PET). Status: Passed the Senate - assigned to the House Committee on Economic Development and Financial Services.

SB 531 – EMS – by Sen. Patrick Anderson, clarifies language related to the Oklahoma Emergency Response Systems Development Act and defines “Emergency Medical Dispatch,” “Medical Emergency Resource Center,” and “Regional Medical Response System.” The measure creates an Oklahoma Emergency Response Systems Development Revolving Fund. Status: Passed the Senate - assigned to the House Committee on Public Health.

SB 639 – Preparedness – Sen. Randy Bass, Rep. Doug Cox, R-Grove, allows the Department of Health to maintain public health infrastructure and preparedness by entering into contracts for professional services with health-related or other professionals who have retired from state service. Status: Passed the Senate - passed the House committee - on General Order in the House.

SB 714 – Abortion Prohibitions – Sen. James Williamson and Rep. John A. Wright, makes it unlawful for public entities to perform or assist in an abortion that is not necessary to save the life of the mother. It prohibits the use of a public institution, public facility, public equipment or other physical asset owned, leased or controlled by the state or an agency or political subdivisions for the purpose of performing or assisting an abortion not necessary to save the life of the mother. The measure makes it unlawful for any funds received or controlled by the state or political subdivision, including funds derived from federal, state or local taxes, gifts or grants, from any source, public or private, federal grants or payments or intergovernmental transfers, to be used to encourage or counsel a woman to have an abortion not necessary to save her life. Status: Passed the Senate and House - to governor for action.

HB 1375 – Transfer Agreements – Rep. Colby Schwartz, amends a health department rule, which has the effect of law, to provide that an ambulatory surgical center shall have a formal transfer agreement with a general hospital, or all physicians performing surgery in the ambulatory surgical center shall have admitting privileges at a general hospital, located not more than 20 minutes away. OHA has concerns with this legislation and are in discussion with the bill’s proponents. Status: Passed the House and Senate - to governor for action.

HB 1818 – Health Care Information Technology Task Force – Rep. Scott Martin, Sen. Debbe Leftwich, creates a task force to study and make recommendations about electronic health information exchange to continue the work of the Oklahoma Health Information Security and Privacy Collaborative (OKHISPC).  Status: Passed the House - passed the Senate committee - on General Order in the Senate.

HB 1884 – Hospital Pricing – Rep. Lance Cargill and Sen. Todd Lamb creates the nineteen-member Healthcare Consumer Transparency Task Force to make recommendations related to a system for hospitals, ambulatory surgical centers and physicians to disclose to consumers the average charges for the treatment of common medical diagnosis and procedures.  Status: Passed the House - passed the Senate Committee - on General Order in the Senate.

Archive of past reports

March, 2007

September, 2006

© 2007 The Oklahoma State Radiological Society- All Rights Reserved