Weekly Legislative Update: February 12, 2021


The 58ᵗʰ Oklahoma State Legislature continues Committee work through February. Currently, the main health related issue under consideration is the Stitt Administration’s efforts to implement Medicaid managed care without legislative authority. At this point, the only effective way to eliminate the Governor’s Medicaid managed care dictate is for the legislature to not fund this autonomous attempt to change statewide policy and spend appropriated dollars without legislative authority or oversight.

OSMA, in partnership with the Oklahoma Dental Association, Oklahoma Osteopathic Association, Oklahoma Society of Anesthesiologists and the Oklahoma Chapter of the Academy of Pediatrics, has filed an injunction request with the Oklahoma Supreme Court requesting the Oklahoma Health Care Authority halt their efforts to circumvent the legislature and implement $2B worth of managed care organization contracts.

PLEASE RESPOND TO YOUR OSMA ACTION CALL BY CONTACTING YOUR LEGISLATORS AND REQUEST THEY OPPOSE THE IMPLEMENTATION OF MEDICAID MANAGED CARE AT EVERY OPPORTUNITY!  Find My Legislator

LEGISLATIVE ISSUES IMPORTANT TO OSMA

SCOPE OF PRACTICE

HB 2009 (Townley) – Permits certain death certificates to be signed by advanced practice registered nurses. (House Public Health) OSMA OPPOSES

SB388 (Rosino) – Directs that home care eligibility for patients be certified and overseen by healthcare providers, including physicians, physician assistants, or registered nurses and makes such eligibility and oversight retroactive. (Passed Senate Floor 39-8; to House Committee) OSMA OPPOSES

SB 399 (Rosino) – Permits licensed physical therapists to evaluate and treat patients without referral from a licensed healthcare practitioner for up to 60 days (current law is 30 days) (Senate Health & Human Services Committee) OSMA OPPOSES

SB 478 (Coleman) – Relates to the ability for certain accredited nurse specialists to write prescriptions while choosing to be under the supervision of a physician or independently. (Senate Health & Human Services Committee) OSMA OPPOSES

SB 496 (McCortney) - Relates to the ability for certain accredited nurse specialists to write prescriptions while choosing to be under the supervision of a physician or independently. (Senate Health & Human Services Committee) OSMA OPPOSES

SB 497 (McCortney) – Prohibits the use of certain medical practitioner distinctions by individuals that do not meet certain definitions. (Senate Health & Human Services) OSMA SUPPORTS

GENERAL GOVERNMENT

HB 2089 (McCall) – Provides for an income tax credit for rural doctors (Passed House Rules – To House Floor) OSMA SUPPORTS


HB 2121 (McEntire/McCortney) – Relates to the Physician Manpower Training Commission by permitting general surgery physicians to serve on the Commission and requiring one seat on the Commission to be given to a nurse practitioner. (Passed House Public Health; to House Floor) OSMA SUPPORTS

HB 2504 (Kannady) – Adjusts the membership of city-county boards of health created in counties with populations in excess of 500,000 and makes the directors of such boards serve at the pleasure of the Commissioner of Health. (House Judiciary) OSMA OPPOSES

SB 339 (Pederson) – Requires passengers aged 17 and under to wear properly adjusted seat belts or alternative passenger restraints while in motor vehicles, violations of such requirements to be admissible as evidence in civil actions. (Senate Public Safety) OSMA SUPPORTS

SB 487 (Dahm) – Permits the Governor and leadership of the House and Senate to remove and replace their appointments, excluding those established by Constitutional provision, at any time and for any reason (General Government) OSMA OPPOSES

SB 1031 (Treat/Echols) – Extends certain virtual meeting provisions established in response to the COVID-19 health emergency to until 30 days after the termination of the health emergency order (Signed into law by the Governor) OSMA SUPPORTS

INSURANCE

HB 1006 (Bush/Pugh) – Creates the “Transparency in Heath Care Prices Act” which requires health care providers and facilities to make prices for certain health care services publicly available (House Public Health) OSMA SUPPORTS

SB 468 (Hicks) – Prohibits insurers from modifying existing coverage of prescription drugs that meet certain conditions (Senate Retirement & Insurance) OSMA SUPPORTS

SB 550 (Newhouse) – Requires insurance providers to make certain notifications when clean claims are denied, and allows for the insured to appeal, if denied again the insurer must provide certain additional info, including contact info to speak to someone (Senate Retirement & Insurance) OSMA SUPPORTS

SB 652 (Dossett, Jo Anna) – Requires health benefit plans to provide coverage for autism screenings, removes maximum benefit hourly coverage limits for applied behavioral analysis and raises the maximum cost coverage (Senate Retirement & Insurance) OSMA SUPPORTS

SB 747 (Standridge) – Disallows certain insurance policy providers to discriminate against an insured or applicant for coverage based solely upon their vaccination or immunity status, or basing renewal rates or decreased coverage based upon the same (Senate Retirement & Insurance) OSMA OPPOSES

SB 979 (Hicks) – Requires insurers to cap the total amount an insured is required to pay for a 30-day supply of insulin at an amount not to exceed $25, and related equipment at $100 (Senate Health & Human Services) OSMA SUPPORTS

SB 1027 (Pugh) – Includes certain MRI procedures related to breast cancer diagnosis in the requirements placed on certain insurance coverage (Senate Retirement & Insurance) OSMA SUPPORTS

LEGAL REFORM

HJR 1030 (Kannady) – Constitutional Amendment to limit noneconomic damages in civil action, with the ability for a judge and jury to remove the limit with certain findings, it further prohibits a limit on economic damages. (House Rules) OSMA SUPPORTS

SB 133 (Garvin) – Recording Law: Making unlawful any interception of communication between a physician and patient which does not have the prior consent of both patient and physician (Senate Judiciary) OSMA SUPPORTS

SB 586 (Garvin) – Requires medical practitioners to obtain informed consent from all patients prior to treatment, with exceptions for certain emergency situations. (Senate Health & Human Services) OSMA SUPPORTS

MEDICAID

HJR 1041 (Roberts, S.) – Constitutional Amendment to repeal Medicaid expansion (House Rules) OSMA OPPOSES

SB 695 (Standridge) – Prohibits the Health Care Authority from converting the state Medicaid program into a managed care system unless explicitly directed to by the Legislature (Senate Health & Human Services) OSMA SUPPORTS

MENTAL HEALTH

SB 583 (Dahm) – Prohibits individuals below the age of 18 years to undergo gender reassignment medical treatment and healthcare providers providing such services are subject to professional discipline (Senate Health & Human Services) OSMA OPPOSES

SB 676 (Hamilton) – Prohibits any person under the age of 21 from receiving gender reassignment treatment or procedures and makes the performance of such procedures a felony (Senate Health & Human Services) OSMA OPPOSES

SB 836 (Dahm) - Repeals the provisions of the Music Therapy Practice Act (Senate Health & Human Services) OSMA OPPOSES

PAIN MANAGEMENT/OPIOIDS/PHARMA

HB 1013 (Talley/Rader) – Provides protections from penalties under the Anti-Drug Diversion Act to practitioners serving stable long-term opioid therapy patients and prohibits average prescribed doses from being used as sole basis for certain actions (House Public Health) OSMA SUPPORTS

SB 57 (Rader) – Permits access to certain information contained in the central repository regarding controlled dangerous substances to the members of the Opioid Overdose Fatality Review Board (Passed Senate; to House Committee) OSMA SUPPORTS

SB 58 (Rader) – Permits a practitioner to electronically order a controlled dangerous substance when administered through a hospice program (Passed Senate; to House Committee) OSMA SUPPORTS

SB 92 (McCortney/McEntire) – Co-Pay Accumulator: Makes failing to include certain payments on behalf of enrollees when calculating total contributions towards out-of-pocket maximums an unfair claim settlement practice for pharmacy benefits providers (Senate Retirement & Insurance) OSMA SUPPORTS

SB 241 (Thompson/Kannady) – Permits reporting of data related to controlled dangerous substances in Schedules II thorough V to the state by certain manufacturers to be in the same format used to report to the FDA Passed Senate; to House Committee) OSMA SUPPORTS

SB 605 (Standridge/Echols) – Provides for liability protections to licensed health practitioners with prescribing authority who meet certain requirements when making opioid prescriptions (Senate Health & Human Services) OSMA SUPPORTS

SB 610 (McCortney/Hilbert) – Creates the Opioid Settlement and Judgement Revolving Fund to be managed and invested by the State Treasurer, a portion of the fund to be available each year for appropriation by the Legislature into opioid abatement programs (Senate A&B) OSMA SUPPORTS

SB 888 (Standridge/Echols)
– Provides for protections against disciplinary action to licensed health practitioners with prescribing authority who meet certain requirements when making opioid prescriptions (Senate Health & Human Services) OSMA SUPPORTS

PUBLIC HEALTH

HB 1054 (Randleman) – Imposes a tax of 44 percent of the wholesale price of all electronic smoking devices (House A&B Subcommittee on Finance) OSMA SUPPORTS

HB 1057 (Olsen) – Provides that no one shall be required to receive any vaccine as a condition of public or private employment (Senate Public Health) OSMA OPPOSES

HB 2192 (Lowe, J.) – Creates the COVID-19 Save Lives Response Act which establishes various requirements and standards related to mitigating the spread of COVID-19 (Statewide Mask Mandate) until no more than 300 persons have been hospitalized for COVID-19 in one day for 30 days (House State’s Rights) OSMA SUPPORTS

HB 2301 (Roberts, D.) – Prohibits smoking of tobacco, vapor or marijuana products in public parks (House Rules) OSMA SUPPORTS

HB 2335 (Steagall) – Prohibits government entities from mandating vaccinations (Passed House Public Health) OSMA OPPOSES

HB 2478 (Roberts, S.) – Requires health care providers to report adverse reactions to vaccinations to the Dept. of Health within 24 hours (House Public Health) OSMA OPPOSES

SB 224 (Dahm) – Prohibits any mask mandates on public or private property made by political subdivisions outside of the Legislature (Senate General Government) OSMA OPPOSES

SB 350 (Hamilton) – Prohibits compulsory immunizations as a condition of student admittance by any public or private school (Senate Health & Human Services) OSMA OPPOSES

SB 352 (Hamilton) – Prohibits the compulsion or coercion by all state entities and political subdivisions for persons within their jurisdiction to undergo unwanted medical procedures, including immunizations, use of medical devices, or to wear facial coverings (Senate General Government) OSMA OPPOSES

SB 658 (Dahm/West K.) – Requires the Dept. of Education and school districts to provide information on exemptions in any notice or publication regarding immunization requests and requirements (Passed Senate Education) OSMA OPPOSES

SB 671 (Jett) – Prohibits any state entity from compelling any person to receive an immunization (Senate Health & Human Services) OSMA OPPOSES

SB 831 (Stephens) – Prohibits the entering of immunization records and data into any database or system by state employees without written informed consent of the person whose record is to be entered (Senate Health & Human Services) OSMA OPPOSES

SB 885 (Jett) – Prohibits local authorities from implementing mask mandates, reserving that authority for the Legislature Senate General Government) OSMA OPPOSES

TELEHEALTH

SB 7 (Bergstrom/Humphrey) – Permits the use of telemedicine services for the assessment of persons possibly in need of mental health or substance abuse treatment who are taken into custody by law enforcement (Passed Senate; to House Committee) OSMA SUPPORTS

SB 673 (McCortney/McEntire) – Creates the Oklahoma Telemedicine Act which expands definitions and standards for telemedicine within statute (Passed Senate Health & Human Services; to Senate Floor) OSMA SUPPORTS

SB 674 (McCortney/McEntire) – Requires health care plans to provide coverage for telemedicine and remote care services (Senate Retirement & Insurance) OSMA SUPPORTS

WOMEN & CHILDREN

HB 1102 (Olsen) – Makes performing an abortion that is not deemed medically necessary to preserve the life or prevent irreversible impairment of a major bodily function of the woman, grounds for a physician to lose or have their license suspended (House Public Health) OSMA OPPOSES

HB 1760 (Ranson) – Requires all health care benefits plans to include long-acting reversible contraceptive care (House Insurance) OSMA SUPPORTS

SB 154 (Young) – Directs the Dept. of Health to create a place to track on death certificates when a death was related to recent childbirth and to maintain a database on maternal mortality statistics on the Dept. of Health website (Senate Health & Human Services) OSMA SUPPORTS

SB 495 (Hamilton) – Provides broadly relative to abortion, making the practice of abortion illegal and directing enforcement even in conflict with federal statutes (FAILED in Senate Health & Humans Services – dead for the rest of this two-year session) OSMA OPPOSES

SB 612 (Dahm) – Relates to abortion by imposing a fine or prison sentence on any person purposely performing an abortion except to save the life of the mother (Passed Senate Health & Human Services) OSMA OPPOSES

SB 779 (Daniels) – Creates the OK Abortion Inducing Drug Certification Program for physicians performing such services and requires them to report annually certain information regarding patients receiving abortions, also defines penalties for certain violations (Senate A&B) OSMA OPPOSES

SB 918 (Treat) – Repeals sections of law relating to abortion, to be effective should the U.S. Supreme Court, or an amendment to the U.S. Constitution is adopted to overturn Roe v. Wade (Passed Senate Health & Human Services; to Senate Floor) OSMA OPPOSES

MEDICINE DAY – TUESDAY, MARCH 9
Virtual Town Hall Forum with Legislative Leadership / 5:00p – 6:00p
(more details soon)