Weekly Legislative Update: April 16, 2021

Another major deadline occurs next week when House Bills must be heard on the Senate Floor and Senate Bills must be heard on the House Floor by Thursday, April 22. Legislation will then either go to the Governor for signature/veto; go back to the opposite House for consideration of amendments; or possibly be sent to a Conference Committee to maintain language negotiations.

OSMA continues to strongly support SB 131 (Garvin/McEntire) creating the Oklahomans Caring for Oklahomans Act. The measure directs the Oklahoma Health Care Authority to develop and operate a state-run managed care program meeting certain standards for Medicaid beneficiaries. This is in deference to the Administration’s effort to implement a capitated Medicaid managed care system utilizing for-profit insurance companies. When considering other states which have implemented similar structures, privately run capitated managed care plans have proven to require higher administrative costs while being unable to deliver on promised improvements to health outcomes.

OSMA has been joined by many partner organizations supporting SB 131 and opposing the funding of Medicaid Managed Care Organization (MCO) contracts. These groups include the Osteopathic Association; Hospital Association; Academy for Family Practice; Dental Association; Academy of Pediatrics; Association for Home Care & Hospice; Nurses Association; Academy of Physician Assistants; Medical Equipment Association; Pharmacists Association; Ambulance Association; Psychological Association; Alliance for Mental Health; College of OB/GYN; and several others.

PLEASE RESPOND TO ACTION CALLS to assure the “House of Medicine” voice is heard at the State Capitol!

LEGISLATIVE ISSUES IMPORTANT TO OSMA

SCOPE OF PRACTICE

HB 2009 (Townley/Coleman) – Permits certain death certificates to be signed by advanced practice registered nurses. (Passed House; Passed Senate Health & Human Services; to Senate Floor) OSMA OPPOSES

SB 388 (Rosino/West, Josh) – 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; Passed House Health Services and Long-Term Care; to House Floor) OSMA OPPOSES

SB 516 (Montgomery/Pfeiffer) – Allows a delegating physician to supervise an unlimited number of physician assistants. Note: The Medical Licensure Board currently limits physician supervision of up to six P.A.s (Title and Enacting Clause Stricken*; Passed Senate; passed House Public Health as Amended; to House Floor) OSMA OPPOSES

GENERAL GOVERNMENT

HB 2089 (McCall/McCortney) – Provides for an income tax credit for doctors who have graduated from an Oklahoma college of medicine or have completed residency in Oklahoma and whose primary residence meets rural area criteria of less than 25,000 population or within the jurisdiction of a federally recognized tribe. (Passed House; Passed Senate Finance and Senate Appropriations; to Senate 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; Passed Senate Health & Human Services; to Senate Floor) OSMA SUPPORTS

SB 79 (Thompson/Wallace) – Provides for a tax exemption on the transfer of tangible property or services to federally tax-exempt nonprofit entities which have entered into joint operations agreements with the Hospitals Trust which helps fund residencies (Passed Senate; Passed House; Sent to Governor) OSMA SUPPORTS

SB 487 (Pugh/Nollan) – 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 (Passed Senate; Committee Substitute Passed House Higher Education & Career Tech; to House Floor) OSMA OPPOSES

SB 548 (Daniels/Townley) – Provides that no medical service care or entity shall report a healthcare debt to a credit bureau or pursue collection activities unless certain facts relating to the incurrence of such debt are demonstratable and limits charges. (Title Stricken*; Passed Senate; Passed House State’s Rights; to House Floor) OSMA OPPOSES

SB 574 (McCortney/McEntire) – Creates the Oklahoma State Health Information Network and Exchange (OKSHINE), charged with creating and maintaining a digital platform for the sharing and exchanging health related information among healthcare system participants. (Title Stricken* Passed Senate; Committee Substitute Passed House Public Health; to House Floor) OSMA SUPPORTS

SB 724 (Dahm/Gann) – Removes reference to the Workers’ Compensation Physician Advisory Committee (Passed Senate; Committee Substitute Passed House Public Health; to House Floor) OSMA OPPOSES

SB 689 (Pugh/Miller) – Revises the make-up of the Oklahoma Health Care Authority Medical Advisory Board. (Passed Senate; Committee Substitute Passed House General Government; to House Floor) OSMA NEUTRAL

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 (Passed House; Passed Senate Health & Human Services as Amended; Passed Senate Floor; to House Floor to consider Senate Amendments) OSMA SUPPORTS

HB 2323 (Frix/Pemberton) – Prohibits insurers from removing medical providers from an existing insurance network while a policy is in effect for informing enrollees of the full range of physicians and providers available to them and requires certain notice upon referral (Passed House; Passed Senate Retirement & Insurance; to Senate Floor) OSMA SUPPORTS

SB 550 (Newhouse/Pae) – 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 (Passed Senate; Passed House Insurance; to House Floor) OSMA SUPPORTS

LEGAL REFORM

SB 793 (Weaver/Roe) – Considers the assault and or battery of a respiratory therapist who is performing medical care duties as a felony offense (Passed Senate; Passed House Public Health; to House Floor) OSMA SUPPORTS

MEDICAID MANAGED CARE

HR 1019 (McEntire) – Declares privatized managed care to be a failed health care model and encourages the Health Care Authority to create an Oklahoma-based managed care system. (to House Floor) OSMA SUPPORTS

SB 131 (Garvin/McEntire) – Creates the Oklahomans Caring for Oklahomans Act which directs the Health Care Authority to develop and operate a state-run managed care program meeting certain standards for Medicaid beneficiaries (Passed Senate; Committee Substitute Passed House Public Health; to House Floor) OSMA SUPPORTS

PAIN MANAGEMENT/OPIOIDS/PHARMA

HB 2678 (Marti/McCortney) – 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 (Passed House; Passed Senate; Sent to Governor) OSMA SUPPORTS

SB 57 (Rader/Echols) – 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; Passed House; Sent to Governor) OSMA SUPPORTS

SB 58 (Rader/Echols) – Permits a practitioner to electronically order a controlled dangerous substance when administered through a hospice program (Passed Senate; Passed House Alcohol, Tobacco & Substances; to House Floor) 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 (Passed Senate; Passed House Insurance; to House Floor) 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; Passed House Alcohol, Tobacco & Substances; to House Floor) 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 (Passed Senate; Passed House Alcohol, Tobacco & Substances; to House Floor) OSMA SUPPORTS SB 888 (Standridge/Echols) – Pain management clinic ownership language has been removed; requires registration with Board of Medical Licensure and Supervision under certain circumstances (Passed Senate; Committee Substitute Passed House Alcohol, Tobacco & Substances; to House Floor) OSMA SUPPORTS

PUBLIC HEALTH

HB 2335 (Steagall/Jett) – Prohibits government entities from mandating vaccinations (Passed House; Committee Substitute Passed Senate Health & Human Services; to Senate Floor) OSMA OPPOSES

HB 2381 (Sterling/Simpson) – Requires school districts to conduct an annual fitness assessment for students in grades three through twelve within a course that satisfies the physical education program currently in statute. (Passed House; Passed Senate Education and Senate Appropriations; to Senate Floor) OSMA SUPPORTS

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; Committee Substitute Passed House Public Health; to House Floor) 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; Passed House Criminal Justice & Corrections; to House Floor) OSMA SUPPORTS

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

SB 674 (McCortney/McEntire) – Requires health care plans to provide coverage for telemedicine and remote care services (Title Stricken*; passed Senate; Passed House Insurance as Amended; to House Floor) OSMA SUPPORTS

WOMEN & CHILDREN

HB 1102 (Olsen/Daniels) – 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 (Passed House; passed Senate Health & Human Services; to Senate Floor) OSMA OPPOSES

HB 2441 (Russ/Daniels) – Prohibits the performance of abortions on pregnant woman after such time that the unborn child has a detectable heartbeat. (Passed House; Passed Senate Health & Human Services and Senate Appropriations; to Senate Floor) OSMA OPPOSES

SB 612 (Dahm/Olsen) – 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; Passed House Public Health; to House Floor) OSMA OPPOSES

SB 778 (Daniels/Lepak) – Creates the OK Abortion Inducing Drug Risk Protocol Act, which may only be utilized by physicians in specific settings and requires certain notification to be made to those receiving such drugs. (Passed Senate; Passed House A&B; Title Stricken*; to House Floor) OSMA OPPOSES

SB 779 (Daniels/Lepak) – 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 (Passed Senate; Passed House Public Health; to House Floor) OSMA OPPOSES

SB 918 (Treat/McCall) – 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; Passed House Public Health; to House Floor) OSMA OPPOSES

*Title Stricken means the language in the measure continues to be a work in progress.