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Weekly Legislative Update: February 26, 2023
The 59th Oklahoma Legislative Session has one more week of committee work. If measures to do not receive a committee hearing by March 2, those bills will not be considered for the balance of the year. However, issues contained in those measures may still be considered as amendments to other legislation.
The Oklahoma State Medical Association maintains a strong voice for the physician profession, but politics continues to affect your relationship with your patients.
YOUR
personal voice is the strongest, but you must be involved! Participate in
Medicine Day on March 21!
No registration required.
1:30p to 2:00 pm
Legislative Update and Briefing
Oklahoma State Capitol
2300 N. Lincoln Blvd.
Oklahoma City, OK 73105
(Parking available in south and east parking lots)
2:00 to 5 pm
Meet with Your Legislators
Oklahoma State Capitol
2300 N. Lincoln Blvd.
Oklahoma City, OK 73105
5 to 6:30 pm
Legislative Reception*
Harn Homestead
(open-air venue)
1721 N. Lincoln Blvd.
Oklahoma City, OK 73105
*Live music provided by Rep.
Jared Deck
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
Please consider serving as
DOCTOR OF THE DAY
which provides an opportunity for you to be recognized on the House and Senate Floor and provide professional services if needed.
LEGISLATIVE ISSUES IMPORTANT TO OSMA
SCOPE OF PRACTICE
HB 1007 (Rick West)
– Establishes standards and regulations for pain management clinics and prohibits licensed physicians from practicing in unregistered clinics. (House Alcohol, Tobacco & Substances)
OSMA OPPOSES
HB1044 (Randleman/Bullard)
– Adjusts scope of practice for chiropractors to include either those taught by chiropractic colleges or those approved by the Board of Chiropractic Examiners and permits chiropractors to administer certain natural treatments. (Set for House Public Health)
OSMA OPPOSES
HB 1709 (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 Public Health; to House Floor)
OSMA OPPOSES
SB336 (Garvin)
– Establishes standards for the licensing and regulation of pain management clinics, empowering the Bureau of Narcotics and Dangerous Drugs Control to assess fines and penalties for noncompliance. (Senate Health & Human Services - HHS)
OSMA SUPPORTS
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 HHS with Title Off**; to Senate Floor)
OSMA OPPOSES
(OSMA, along with OOA, OAFP, and OSA have met face-to-face with the bill author twice, the APRNs and Midwives to discuss the measure. Discussions remain at an impasse.)
SB931 (Garvin/Marti)/HB1655 (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:
(Senate HHS/House Public Health)
OPPOSES LANGUAGE RE: NONCHRONIC CONDITIONS;
SUPPORTS GREATER AVAILABILITY OF ORAL CONTRACEPTIVES
GENERAL GOVERNMENT
HB1890 (Schreiber)
– Prohibits health care providers who are out of compliance with the Health Care Prices Act to pursue collection activities on any unpaid medical debt and allows patients to file related lawsuits. (Set for House Public Health Agenda)
OSMA SUPPORTS
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 General Government; to House Floor)
OSMA SUPPORTS
SB 303 (Daniels)
– Adjusts the structure and appointment process for the Board of Medical Licensure and Supervision to grant the Governor broad authority when choosing appointees and allows members to be removed and replaced without cause.
There are several measures revising the appointment process for various health related licensure Board appointments.
(Passed Senate HHS with Title Off**; to Senate Floor)
OSMA OPPOSES
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. (Senate HHS)
OSMA SUPPORTS
INSURANCE
HB1398 (Lepak)
– 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 Insurance; to House Floor)
OSMA SUPPORTS
HB1712 (Marti)/SB17 (Garvin)
– Prohibits health insurers from refusing coverage for medical equipment prescribed to individuals by healthcare providers and requires equal reimbursement for both in and outof-network suppliers under certain conditions. (House Public Health)
OSMA SUPPORTS
HB1843 (Kerbs/McCortney)
– Places the responsibility for certain oversight of pharmacy benefit managers with the Attorney General rather than the Insurance Dept. (Set for House Insurance Agenda)
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 Public Health; To House Floor)
OSMA SUPPORTS AS AMENDED
SB142 (Hicks)
– Modifies limits and caps on health insurance coverage caps for diabetes supplies, requiring a reduction in cost-sharing amounts under certain circumstances. (Senate Retirement & Insurance; Senate Appropriations)
OSMA SUPPORTS
SB143 (Hicks)
– Requires high deductible health insurance plans to offer insureds the ability to set aside funds on a tax-free basis to pay for out-of-pocket diabetes expenses. (Passed Senate Retirement & Insurance; Set for Senate Finance Agenda)
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 Retirement & Insurance; To Senate Floor)
OSMA SUPPORTS
SB442 (Montgomery/Sneed)
– Requires health benefit plans to make available a directory of providers within their network plans. (Passed Senate Retirement & Insurance)
OSMA SUPPORTS
SB513 (Rosino/Miller)
– Requires insurers, including the state's Medicaid program, to cover biomarker testing in certain instances. (Passed Senate HHS; Passed Senate Appropriations; To Senate Floor)
OSMA SUPPORTS
LEGAL REFORM
HB2154 (Pae)
– 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 Judiciary – Criminal; to House Floor)
OSMA SUPPORTS
HJR1016 (Martinez)
– Constitutional Amendment to create the Certificate of Merit Act of 2023. (House Rules)
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 A&B Health Subcommittee; to House A&B)
OSMA SUPPORTS
HB1657 (McEntire)
– 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. (Set for House General Government Agenda)
OSMA SUPPORTS
HB1714 (Marti)
– Directs the Health Care Authority to implement a ten percent reimbursement rate increase for all Medicaid primary care health care providers. (House A&B and Health Subcommittee)
OSMA SUPPORTS
SB182 (Hicks)
– Requires the Health Care Authority to provide Medicaid coverage for breast pumps dispensed pursuant to a valid prescription. (Senate HHS; Senate Appropriations)
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 HHS; Passed Senate Floor; to House Committee)
OSMA SUPPORTS
MENTAL HEALTH
HB1035 (Rosecrants)
– Provides exemptions for school absence requirements to students missing class for mental health assessments and therapy sessions. (Passed House Common Education; to House Floor)
OSMA SUPPORTS
SB217 (Hamilton)
– Requires physicians to offer to administer a pharmacogenomic test to any patient in order to determine possible side effects prior to the prescription of any psychotropic drug. (Senate HHS; Senate Appropriations)
OSMA OPPOSES
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 Retirement & Insurance; to Senate A&B)
OSMA SUPPORTS
SB844 (Thompson)
– 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 HHS; Passed Senate Appropriations; to Senate Floor)
OSMA SUPPORTS
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 Alcohol, Tobacco & Substances; to House Floor)
OSMA SUPPORTS
HB2424 (May)
– Allows pharmacies to dispense and sell a wider variety of opioid antagonists to counteract overdoses. (Passed Public Health; to House Floor)
OSMA SUPPORTS
SB386 (Rader)
– Provides a tax credit for the purchase of naloxone to be used in retail and service establishments and adds certain legal Good Samaritan protections to the use of naloxone in life saving efforts. (Passed Senate Finance with Title Off**; Passed Senate Appropriations; to Senate Floor)
OSMA SUPPORTS
SB573 (Standridge)
– Requires pain management clinics to register with the Bureau of Narcotics and Dangerous Drugs Control, provides procedures, policies, and penalties for noncompliance. (Senate HHS)
OSMA SUPPORTS
SB711 (Rosino/McEntire)
– 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 HHS; to Senate Appropriations)
OSMA SUPPORTS
PUBLIC HEALTH
HB1081 (Rosecrants/Garvin)
– Creates the Right to Recess Act which requires schools to incorporate physical activity into school days and directs teachers to minimize the reduction in play for disciplinary reasons. (House Common Education)
OSMA SUPPORTS
HB2257 (Sterling)
– Directs school districts to conduct an annual fitness assessment within standards determined by the Dept. of Education. (House Common Education)
OSMA SUPPORTS
HB2656 (Steagall)
– Limits the duration of certain emergency proclamations, requires the Legislature to approve extensions of those emergencies, and modifies related duties of the Director of the Dept. of Emergency Management and Homeland Security. (House Rules)
OSMA OPPOSES
WOMEN & CHILDREN HEALTH
HB1011 (Olsen)
– Prohibits health care professionals from recommending or providing any treatment related to gender reassignment to most persons under 21, and removes funding from state facilities and providers for violations, and providers guilty of felonies. (House Public Health)
OSMA OPPOSES ALL GENDER RELATED COUNSELING AND MEDICAL TREATMENT MEASURES*
HB1656 (McEntire)
– A person shall not perform or attempt to perform an abortion unless the pregnancy is the result of rape, sexual assault, or incest that has been reported to the police. (House Rules)
OSMA SUPPORTS*
HB2014 (Ranson)
– Provides Medicaid coverage for women up to twelve months after giving birth, adjusts the qualifying poverty rate and creates certain exemptions. (Set for House A&B; Health Subcommittee Agenda)
OSMA SUPPORTS
SB131 (Rogers)
– Adjusts provisions of the Parents' Bill of Rights to require guardians opt-in for their children to participate in certain school activity relating to sexual or gender education, violations subject to civil action. (Senate Education)
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 HHS; Passed Senate Appropriations with Title Off**)
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 HHS; to Senate Floor)
OSMA SUPPORTS
SB382 (Garvin/Roe)
– Provides for a sales tax exemption on sales of feminine hygiene products to federally tax-exempt organizations who provide and distribute such products. (Passed Senate Finance with Title Off**; to Senate Appropriations)
OSMA SUPPORTS
HB834 (Daniels)
– Provides certain exemption to the criminalization of abortion providers in cases of rape, incest, or the life of the mother is in danger (Passed Senate HHS; To Floor)
OSMA SUPPORTS*
*OSMA understands the moral implications of both abortion and gender related medical treatment issues; however, OSMA has a long-standing policy to oppose measures which interfere with the patient/physician relationship.
**“Title Off” means the statutory reference is removed from the legislation in order to assure further
negotiation.
MEDICINE DAY IS MARCH 21
LEGISLATIVE UPDATE: 1:30p @ the Capitol (Room TBA)-Meet with Legislators
RECEPTION:
HARN HOMESTEAD
(just South of Capitol) 5p-7p
MARK YOUR CALENDAR!
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