Weekly Legislative Update: April, 24, 2023


OSMA continues to be a major player when negotiating measures affecting the physician profession. These negotiations remain a priority. Measures have until Thursday, April 27 to be considered on the opposite chamber’s floor.

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

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.” For more information on an exemption, visit the OHCS website.

OSMA’s position is that costs associated by this unfunded mandate should be directly borne by the state, not by physicians. OSMA and other physician lead organizations continue to push for a delay in HIE implementation until these questions and concerns can be answered.

Another major measure in which OSMA is involved in negotiations is SB458 (Stanley/McEntire) which expands APRN scope by allowing those achieving certain requirements would be able to serve as “primary care physicians”. This remains a significant concern to OSMA and the lobby team is working to stem that effort.

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

 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**, Passed House A&B Health; to House Floor) OSMA OPPOSES (anticipated to go to a Conference Committee at the end of session)

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 (HIE) under the Health Care Authority (Passed House, Passed Senate A&B; to Senate floor) OSMA IN NEGOTIATIONS.

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; passed House Public Health; to House Floor) OSMA SUPPORTS

INSURANCE

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 Floor) OSMA SUPPORTS

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; passed House Public Health Committee; to House Floor) 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 House Floor as Amended; To Senate) 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; Passed Senate Public Safety; to Senate Floor) 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, Passed House Public Health; to House Floor) OSMA SUPPORTS

MEDICAID

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 Senate Floor as Amended; to House) 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; to Governor) 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

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; Passed Public Health; to House 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; Passed Senate HHS; to Senate Floor) OSMA SUPPORTS

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

WOMEN & CHILDREN HEALTH

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; Passed; to Governor) 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; Passed House Public Health; to House Floor) 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; Passed House Public Health; to House Floor) 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.