Legislative Update: April 9, 2023


House and Senate Leadership continue to posture on common education structure and funding. This being the case, the deadline for measures to pass the committees in the opposite chamber has been extended to Thursday, April 13. Committee meeting agendas are anticipated to be long this week as bills not considered in committee by this Thursday will become dormant.

Apprehensions continue over implementing a statewide Health Information Exchange (HIE). Legislative leaders have stated there WILL be a statewide HIE. There continues to be significant concerns over patient record confidentiality and physician participation expenses.

As a benefit to our members, OSMA provided a CME Zoom Meeting on March 29 which spotlighted the issue. More than 250 attendees participated with panelists Cori Loomis, JD, Christensen Law Group; Stephen Miller, HIE Director; and David Kendrick, MD, CEO of MyHealth. OSMA has developed this FAQ document summarizing the history and status Oklahoma’s effort to implement a HIE.

OHCA rules allow physicians to apply for an exemption from this mandate based on “type of health care provider, financial hardship, size, or technological capability of a health care provider or organization.” To apply for an exemption, visit https://www.surveymonkey.com/r/9MXJ5MH.

Using state funds to reimburse physicians for costs associated with the HIE has been proposed. Such a plan would consist of red tape and bureaucracy. The unwavering message presented by OSMA is that costs associated by this unfunded mandate should be directly borne by the state, not by physicians. OSMA and other physician-led organizations continue to push for a delay in HIE implementation until these questions and concerns can be answered.

OSMA maintains a strong voice for the physician profession, but politics continues to affect the relationship with your patients. YOUR personal voice is the strongest, but you must be involved!

WHEN RECEIVED, PLEASE RESPOND TO ALL OSMA ACTION CALLS! OUR AUTOMATED VOTER VOICE SYSTEM CONTACTS YOUR LEGISLATORS AND SHARES THE POSITION OF THE HOUSE OF MEDICINE. If you would like to confirm who your legislators are, please utilize this link: Find My Legislator

IF YOU ARE PART OF THE OSMA RURAL PHYSYCIAN SECTION, PLEASE CONSIDER SERVING AS DOCTOR OF THE DAY IN MAY. This provides an opportunity for you to be recognized on the House and Senate Floor and provide professional services if needed. Please contact Matt Robison.

LEGISLATIVE ISSUES IMPORTANT TO OSMA

SCOPE OF PRACTICE

HB1709 (Marti/Garvin) – Permits Advance Practice Registered Nurses to serve as primary care providers for up to 2,500 SoonerCare recipients, this number subject to change at the discretion of the CEO of the Health Care Authority. (Passed House; to Senate HHS Committee) OSMA OPPOSES

SB458 (Stanley/McEntire) – Allows certain qualified and certified nurse practitioners, clinical nurse specialists, or certified nurse-midwives to apply to the Board of Nursing for Independent Prescribing Authority. (Passed Senate Floor with Title Off**, to House A&B Health Sub-Committee) OSMA OPPOSES (anticipated to go to a Conference Committee at the end of session)

SB931 (Garvin/McEntire) – Broadens the definition of practice of pharmacy to include testing, certain drug, hormonal, and nicotine replacement therapies, as well as treatment for minor, nonchronic health conditions – OSMA negotiating language: (Passed Senate; to House Public Health Committee) OPPOSES LANGUAGE RE: NONCHRONIC CONDITIONS; OSMA SUPPORTS GREATER AVAILABILITY OF ORAL CONTRACEPTIVES

GENERAL GOVERNMENT

HB1688 (McEntire/Haste) – Creates the Health Care Transparency Initiative Act which provides for standards and guidelines related to the management of the state health information exchange under the Health Care Authority (Passed House, Passed Senate HHS Committee; to Senate A&B) OSMA IN NEGOTIATIONS

HB2152 (Roe/Dossett) – Adjusts the membership of the Maternal Mortality Review Committee to remove a home visiting program director and directs birthing centers report certain information related to maternal deaths. (Passed House; to Senate HHS Committee) OSMA SUPPORTS

HB2351 (Dempsey/Hicks) – Directs the creation of a discount program to allow participants to purchase insulin at a discounted, post-rebate rate. (Passed House Floor with Title Off**; to Senate Rules Committee; Senate A&B) OSMA SUPPORTS

SB597 (Newhouse/Hasenbeck) – Allows physician members of the Board of Medical Licensure to have obtained training from foreign medical schools and retired physicians to serve, confidentiality of disciplinary actions, adjusts other related qualifications. (Passed Senate; to House Public Health Committee) OSMA SUPPORTS

INSURANCE

HB1398 (Lepak/Jett) – Classifies certain insurer actions to either deter enrollees, or unjustly deny claims from emergency medical care as unfair methods of competition or deceptive acts of practice. (Passed House; to Senate Retirement & Insurance Committee) OSMA SUPPORTS

HB1712 (Marti/Garvin) – Prohibits health insurers from refusing coverage for medical equipment prescribed to individuals by healthcare providers and requires equal reimbursement for both in and out-of-network suppliers under certain conditions. (Passed House; Passed Senate Retirement & Insurance; to Senate A&B Committee) OSMA SUPPORTS

HB1843 (Kerbs/McCortney) – Places the responsibility for certain oversight of pharmacy benefit managers with the Attorney General rather than the Insurance Dept. (Passed House; Passed Retirement & Insurance; to Senate A&B Committee) OSMA SUPPORTS

HB1963 (Newton/Jech) – Requires health benefit plans from certain insurers provide coverage of health care services provided through telemedicine when referred to out of state professionals by an in-state physician or practitioner. (Passed House; to Senate Retirement & Insurance) OSMA OPPOSES (House Author agreed to not advance the bill)

SB254 (Garvin/Boatman) – Requires insurers to charge no more for out-of-network care than they would for in-network care in cases where the insured is unable to obtain covered services in a timely manner. (Passed Senate; to House Public Health Committee) OSMA SUPPORTS

SB442 (Montgomery/Sneed) – Requires health benefit plans to make available a directory of providers within their network plans. (Passed Senate; Passed House Insurance Committee; to House Floor) OSMA SUPPORTS

SB513 (Rosino/Miller) – Requires insurers, including the state's Medicaid program, to cover biomarker testing in certain instances. (Passed Senate; Passed House Public Health Committee; to House Floor) OSMA SUPPORTS

LEGAL REFORM

HB2154 (Roe/K. Thompson) – Extends certain protections against assault and battery against health care professionals to all health care facility personnel and directs health providers to share related data with the Dept. of Health. (Passed House; to Senate Public Safety Committee) OSMA SUPPORTS

SB707 (Rosino/Roe) – Requires medical examiners declining to conduct an autopsy of a deceased person to notify the person entitled to custody of the body in writing. (Passed Senate, to House Public Health Committee) OSMA SUPPORTS

MEDICAID

HB1650 (McEntire/Haste) – Provides that anesthesia will continue to be reimbursed equal to or greater than the HCA's current fee schedule and allows providers to enter into value-added based payment arrangements for Medicaid enrollees. (Passed House; to Senate HHS Committee) OSMA SUPPORTS

HB1657 (McEntire/Rosino) – Requires the Health Care Authority to streamline the process for Medicaid provider enrollment and credentialing for any fee-for-service and managed care delivery systems. (Passed House; to Senate HHS Committee) OSMA SUPPORTS

SB563 (Haste/McEntire) – Includes that anesthesia is to continue to be reimbursed equal to or greater than the established Fee Schedule, with value-based payment arrangements possible for services furnished to Medicaid members. (Passed Senate; Passed House A&B Health Sub-Committee; to House A&B Committee) OSMA SUPPORTS
MENTAL HEALTH

HB1035 (Rosecrants/Pemberton) – Provides exemptions for school absence requirements to students missing class for mental health assessments and therapy sessions. (Passed House with Title Off**; Passed Senate Education Committee; to Senate Floor) OSMA SUPPORTS

SB444 (Montgomery/Miller) – Requires health benefit plans that provide mental health or substance abuse disorder benefits to provide reimbursement for benefits that are delivered through certain collaborative care models. (Passed Senate; Passed House Public Health; to House Floor) OSMA SUPPORTS

SB844 (R. Thompson/Miller) – Places supervisory authority over the County Community Safety Investment Fund within LOFT and permits counties to submit requests for money from the fund to support certain programs and projects related to mental health and substance abuse. (Passed Senate; Passed House Public Health; to House Floor) OSMA SUPPORTS

PhRMA/PAIN MANAGEMENT/OPIOIDS

HB1987 (Dollens/Rader) – Clarifies that drug testing strips for the purposes of detecting fentanyl or related compounds are not considered drug paraphernalia. (Passed House; to Senate HHS Committee) OSMA SUPPORTS

HB2424 (May/Stephens) – Allows pharmacies to dispense and sell a wider variety of opioid antagonists to counteract overdoses. (Passed House Floor; to Senate HHS Committee) OSMA SUPPORTS

SB711 (Rosino/Boatman) – Directs the Dept. of Mental Health to provide hospitals with opioid antagonists to be given to persons presenting to emergency departments with the symptoms of an opioid overdose or related disorder upon discharge from the hospital. (Passed Senate; Passed House Pubic Health; to House Floor) OSMA SUPPORTS

WOMEN & CHILDREN HEALTH

HB2014 (Ranson/Hicks) – Provides Medicaid coverage for women up to twelve months after giving birth, adjusts the qualifying poverty rate and creates certain exemptions. (Passed House; to Senate Rules Committee and Senate A&B) OSMA SUPPORTS

HB2177 (K. West/Bullard) – Prohibits any gender affirming care by health care professionals on anyone under 18 years of age, prohibits state money to be granted to facilities that perform such services, restricts private insurance reimbursement for such services. (Passed House; to Senate Rules and Senate Appropriations) OSMA OPPOSES*

SB292 (Stanley/Roe) – Requires testing for syphilis on women at various stages of pregnancy, as well as if there is a stillbirth or spontaneous miscarriage, such required testing to be covered by certain health benefit plans. (Passed Senate; to House Public Health Committee) OSMA SUPPORTS

SB368 (Garvin/Hasenbeck) – Establishes that laws pertaining to abortion will not be construed to prohibit or otherwise affect the provision of contraceptive care by authorized healthcare providers (Passed Senate; to House Public Health Committee) OSMA SUPPORTS

SB382 (Garvin/Roe) – Provides for a sales tax exemption on feminine hygiene products to certain organizations which provide and distribute such products and appropriates $1MIL to a Feminine Hygiene Program for grants to local partners for women living in period poverty. (Passed Senate; to House Public Health Committee) OSMA SUPPORTS

*OSMA continues to oppose measures which interfere with the patient/physician relationship.

**“Title Off” means the statutory reference is removed from the legislation to assure further negotiation.