Weekly Legislative Update: May 15, 2023
The Health Information Exchange (HIE) continues to be a major and controversial issue for health care professionals across the state. Data privacy is of utmost importance to the patient and physician and must be maintained. Additionally, physicians should NOT have to pay to participate in this state-mandated program. OSMA continues to fight for FULL appropriations to cover the costs associated with this HIE requirement. The Oklahoma Health Care Authority (OHCA) has developed Rules for HIE implementation and submitted them to the legislature for approval or rejection. The House of Representatives rejected those Rules, but the Senate has yet to consider them. However, with the current confrontational atmosphere at the Capitol regarding the state’s common education structure and funding, all other significant policy or appropriation measures are in limbo. Regardless of whether these rules are officially adopted, the HIE will still take effect on July 1, 2023.
To help physicians better understand Oklahoma's HIE program, OSMA has developed a FAQ.
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.
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**; NOT heard on the House Floor House Floor; Dormant) OSMA OPPOSES
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; NOT heard on Senate Floor; Dormant) OSMA WAS 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; NOT heard on House Floor; Dormant) OSMA SUPPORTS
INSURANCE
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 House as Amended; Passed Senate; to Governor) OSMA SUPPORTS
SB442 (Montgomery/Sneed) – Requires health benefit plans to make available a directory of providers within their network plans. (Passed Senate; Passed House; Signed by Governor) OSMA SUPPORTS
SB513 (Rosino/Miller) – Requires insurers, including the state's Medicaid program, to cover biomarker testing in certain instances. (Passed House Floor; Passed Senate; to Senate for consideration of Amendments) 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; Signed by Governor) 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; Passed House; to Governor) 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; VETOED by 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 with restored Title; to House for consideration of amendments) OSMA SUPPORTS
HB2746 (Kirt/Miller) – Creates the Courtney Smith Law, allowing for the transportation of a ward by county or municipal officials to an inpatient treatment facility under the direction of a guardian in certain circumstances. (Passed House; Passed Senate; Signed by Governor) 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 House as Amended; to Senate for consideration of amendments) 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 House as Amended; to Senate for consideration of amendments) 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; Signed by Governor) 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; SIGNED by Governor) OSMA SUPPORTS
HB2424 (May/Stephens) – Allows pharmacies to dispense and sell a wider variety of opioid antagonists to counteract overdoses. (Passed House; Passed Senate; SIGNED by 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; VETOED by 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 House; SIGNED by 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 House as Amended; to Senate rejected House Amendments; to Conference 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; Passed House Public Health; NOT heard on House Floor; Dormant) 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.