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OHA LegislativeUpdate3-19-09

OHA LegislativeUpdate3-19-09

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Published by AxXiom
Oklahoma Hospital Association Legislative Report
March 19, 2009
Oklahoma Hospital Association Legislative Report
March 19, 2009

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Published by: AxXiom on Nov 06, 2009
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11/05/2009

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Legislative ReportMarch 19, 2009First floor deadline passes as session progresses
2009 is the first session of the 52nd State Legislature. 2010 will be the second session. Billsthat did not receive a committee or floor hearing in the house of introduction may beconsidered in the 2010 legislative session. Deadlines for the remainder of the session are asfollows:
Thursday, March 12
- 3rd reading - bills must be voted from the floor in the house of introduction to be considered in the opposite house.
Thursday, April 2
- Senate committee deadline
Thursday, April 9
- House committee deadline
Thursday, April 23
- 3rd reading - bills must be voted from the floor of the opposite house.
Friday, May 29
- Adjournment
OHA Initiatives Advance to the Opposite House
HB 1055
,
Cox/Brown,
is an OHA request bill that adds to the list of actions that constitute anunfair claim settlement practice under the Unfair Claims Settlement Practices Act to includefailing to pay or requesting a refund of payment for health care services preauthorized or pre-certified by an insurer. Status: Passed the House; assigned to the Senate Retirement &Insurance Committee.
HB 1742
,
 Peters/Anderson,
provides a definition of “child care center” under the OklahomaChild Care Facilities Licensing Act to mean a facility that provides care and supervision for children and that operates for more than 30 hours per week. OHA is working with theDepartment of Human Services to remove the requirement that hospitals and residentialtreatment facilities comply with this Act. Status: Passed the House.
 
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SB 310
,
 Paddack/Cox,
makes scholarships established through the Oklahoma Health CareWorkers and Educators Assistance Fund subject to available funds. Status: Passed the Senate;assigned to the House Appropriations Committee.
Legislation Opposed by OHA
“English only” Bills -
Several measures addressing “English only” provisions to amend theOklahoma Constitution are under consideration by the Legislature.
SJR 30
and
HJR 1042
 are similar measures and OHA is greatly concerned that the provisions of these measures willcause conflict between federal and state laws, regulations and guidelines, most specifically inthe area of informed consent for patients with limited English proficiency.
SJR 30
waswithdrawn from Senate committee thanks to contacts to legislators from hospital CEOs andothers who oppose this measure. Status: HJR 1042 passed the House.
HB 1987,
Morrissette,
directs the State Board of Health to promulgate rules requiringhospitals to maintain records at least for 50 years of every birth that occurs in the hospital,including a footprint, palm print or fingerprint of the child. Status: Dormant; did not receive ahearing in House committee.
HJR 1032,
 
Tibbs
, proposes a constitutional amendment related to local debt elections,requiring approval of three-fifths of at least 65 percent of the local political subdivision’sregistered voters. Status: Dormant; did not receive a hearing in House committee.
SB 27,
Wilson
, authorizes the Oklahoma Insurance Department to identify hospitals tomanage or modify risk that will be under the regulation of the department. The bill states thathospitals that collect or expect to collect different fees from different persons or entities for the same medical service shall be identified as managing or modifying risk. Status: Dormant;did not receive a hearing in Senate committee.
SB 34,
 
Wilson
, directs the State Department of Health, in coordination with the Office of State Finance Information Services Division, to develop and implement a statewideelectronic health records system on or before July 1, 2010. The measure states that healthcare facilities require the use of the electronic health records system and directs facilities toremit 5 percent of the billed amount for each patient visit during which the statewide systemwas not used to the Oklahoma Uninsured and Underinsured Revolving Fund. The bill alsocreates the fund, which is to be used by the Oklahoma Health Care Authority to providemedical assistance to the uninsured and underinsured. Status: Dormant; did not receive ahearing in Senate committee.
SB 260,
 
Gumm/Carey
, creates the Intractable Pain Treatment Act, allowing a physician to prescribe or administer a controlled dangerous substance to a person in the course of his/her treatment for intractable pain. The bill prohibits a hospital or other health care facility from prohibiting or restricting the use of a controlled dangerous substance prescribed by a physician who has staff privileges at the hospital or facility for a person diagnosed andtreated by him/her for intractable pain. The bill also exempts physicians from disciplinaryaction by the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners for prescribing or administering a controlled dangerous substance inthe course of treating a person with intractable pain. It also establishes the Intractable Pain
 
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Treatment Advisory Committee to advise the Board of Pharmacy on matters relating tointractable pain treatment. Status: Passed the Senate; assigned to the House Public HealthCommittee.
SB 642
,
 Brown
, creates the Medical Price Transparency Act, directing the State Departmentof Health to publish on its Web site a consumer guide to health care facilities and health carethat includes information on health care facility pricing practices. Status: Dormant; failed toreceive a hearing in Senate committee.
Legislation Supported by OHA
Lawsuit Reform -
Three measures addressing tort reform advanced in the House.
HB 1602,
 
Sullivan/Coffee
, capping attorney’s contingency fees passed the House floor onFeb. 18. The measure puts to a vote of the people whether or not to limit attorney’scontingency fees to 33 percent of the first $1 million recovered and 20 percent of any amountthereafter for any civil judgment or settlement. The referendum also would repeal current lawlimiting class-action contingency fees to 50 percent. Status: Passed the House; assigned to theSenate Judiciary Committee.
HB 1570
,
Schwartz 
/Paddack, provides that in any civil action for professional negligence, the plaintiff shall attach to the petition an affidavit saying the plaintiff has consulted with andobtained a written opinion from a qualified expert. Status: Passed the House.
HB 1603
,
Sullivan/Coffee
, is the 233-page vehicle for across the board lawsuit reform that issimilar to the bill vetoed by the governor last session. Status: Passed the House.
Other Legislation Supported by OHA
HB 2013
,
Miller 
/
 Aldridge
, directs the Department of Public Safety to adopt rules for anonline verification system for motor vehicle liability policies. It requires an insured vehicleowner’s security verification form to include the five-digit National Association of InsuranceCommissioners company code, the policy number and whether the policy is a commercialauto policy. Status: Passed the House.
SB 661
,
 Paddack/Cox
, directs the commissioner of health to develop National HospitalPreparedness Program grant programs for private, nonprofit and public entities. OHAsupports this bill. Status: Passed the Senate.
Legislation of Interest
SB 1156
,
 Anderson/Billy
, designates English as the official common language of Oklahoma,which shall prohibit, except as otherwise provided by federal or state law, any state agency or  political subdivision from being required to provide any documents, information, literature or other written materials in any language other than English. It also prohibits a person fromhaving a cause of action against any agency or political subdivision of Oklahoma for failureto provide any documents, information, literature or other written materials in any languageother than English. OHA supports this bill as a reasonable alternative to
HJR 1042
. Status:

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