Weekly Legislative Update: April 2, 2021


The legislature is rapidly approaching the April 8 deadline for bills to be out of Committee in the opposite House (House Bills out of Senate Committee and Senate Bills out of House Committee). Next week is assured to be somewhat frantic as Committee Agendas will be long and many bills will see the chopping block.

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; to Senate Health & Human Services) 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 Stricken*; Passed Senate; to House Public Health) 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; to Senate Appropriations) 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; to Senate Health & Human Services) OSMA SUPPORTS

HB 2504 (Kannady/Rosino) – Adjusts the membership of city-county boards of health created in counties with populations in excess of 500,000. Provided local rules and regulations shall not be more stringent than state laws. (Passed House; to Senate General Government and Appropriations) OSMA OPPOSES

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 A&B; to House Floor) OSMA SUPPORTS

SB 339 (Pederson/Ford) – 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. (Passed Senate; to House A&B Public Safety Sub-Committee) 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; to House Higher Education & Career Tech) 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; to House State’s Rights) 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. (Passed Senate; to House Public Health) OSMA SUPPORTS

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

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

SB 1032 (Treat/McCall) – Requires public bodies which operate websites and utilize high-speed internet to stream meetings live and post recordings of their meetings (Passed Senate; to House Rules) 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; to Senate Health & Human Services) 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; to Senate Retirement & Insurance) 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

SB 747 (Standridge/Davis) – 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 (Passed Senate; to House Insurance) OSMA OPPOSES

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

HB 1091 (Bush/Kidd) – Creates the Ensuring Access to Medicaid Act to allow access to healthcare for Oklahomans and establishes the conditions for providers to participate. The measure places operational restrictions upon Medicaid Managed Care Organizations (MCO) if contracts with the Oklahoma Health Care Authority are funded. (Title Stricken*, Passed House; to Senate A&B Health & Human Services Sub-Committee) OSMA SUPPORTS

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. 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 Health & Human Services; to Senate Floor) 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; to House Alcohol, Tobacco & Substances) OSMA SUPPORTS

SB 58 (Rader/Echols) – Permits a practitioner to electronically order a controlled dangerous substance when administered through a hospice program (Passed Senate; to House Alcohol, Tobacco & Substances) 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; to House Alcohol, Tobacco & Substances) 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; to House Alcohol, Tobacco & Substances) 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 (Passed Senate; to House A&B) OSMA SUPPORTS

SB 888 (Standridge/Echols) – Provides requirements for pain management clinic ownership and requires registration with Board of Medical Licensure and Supervision under certain circumstances (Passed Senate; to House Alcohol, Tobacco & Substances) OSMA SUPPORTS

PUBLIC HEALTH

HB 1896 (Roberts, Sean/Bullard) – Creates the Brain Death Standards Act which directs the Board of Medical Licensure and Supervision to establish standards for certain documentation when a person is declared dead. (Passed House; to Senate Health & Human Services) OSMA OPPOSES

HB 2335 (Steagall/Jett) – Prohibits government entities from mandating vaccinations (Passed House; to Senate Health & Human Services) 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; to Senate Education and Appropriations) 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; to House Public Health) 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; to House Insurance) 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; to Senate Appropriations) 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; to House Public Health) OSMA OPPOSES

SB 723 (Dahm/Olsen) – Enhances penalties for the violation of the provisions of the Heartbeat Informed Consent Act, reduces the number of pregnancy weeks, from eight to six, for the provisions of this act to apply, prohibits abortion of the heartbeat is audible. (Title Stricken*; Passed Senate; to House Public Health) 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; to House A&B Health Sub-Committee) 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; to House Public Health) 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.