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May 23 , 2007 This session will more than likely be known for many issues that were not addressed than for substantive legislation. A major economic development bill that was loaded down with numerous special interest tax breaks included provisions that needed to be “fixed” that will cost the state and local government millions; exemptions on sales tax for internet sales and utilities, setting up local agencies to govern railroad and unlimited hunting in city flood plains. This bill, HB 327, has already been sent to the Governor and legislative attempts to “fix” the bill failed as the session wound down to adjournment. Numerous groups are call for a Governor’s veto and lawsuits are expected. Unfortunately, the promise of the original “Quality Jobs Act” is a good economic development tool. House Republicans used their majority muscle to force through some major bills in the waning hours of the legislative session, frustrating the leader of the minority party. Harris claims no health care will be restored under MO Health Net, a charge Republicans flatly deny. Harris says he understands his place in the process, but wishes Republicans would understand the value of dissenting voices. Harris says he understand the majority party will exercise his strength, but he says it probably isn't good for taxpayers when the minority voice is silenced. The method Republicans used irritates Harris as well. He says waiting for the last day of the session to approve the biggest piece of legislation in years, .after House members had been working until two o'clock in the morning the day before, creates an atmosphere for poor legislation. The truly agreed and finally passed bills are still being reviewed at this juncture. You may view the list of truly agreed to and finally passed bills by the following link: http://www.house.state.mo.us/default.aspx?info=/bills071/rpt/truagree.htm Additional items will be reviewed throughout the week. Items of interest at this point include: Emergency Responder Liability Protections Are Enacted The bill also would authorize the governor to waive statutory or regulatory requirements when strict compliance would hinder the Missouri Department of Health and Senior Services’ response to a declared emergency or increased health threat to the population. Finally, it would permit the department to suspend laws governing the dispensing of medications in a declared emergency. The department would be authorized to recruit and train volunteers to dispense medications in such an emergency, with state coverage of their liability expenses if they did not otherwise qualify for immunity from liability. TABOR The legislation could have severely impacted state revenue sources for programs. Representative Bearden has only one year left before he is term limited. Seat Belts However, the helmet law allowing the riding of motorcycles did not pass either this year (HB 155). Legislators Complete Budget Work
Legislators Attempt to Reverse Midwife Enactment Last Friday (May 11), the General Assembly passed House Bill 818. Among other changes, it would revamp state laws governing health insurance underwriting and addressed the following topics.
Before taking a final vote on the bill, members of the House of Representatives voted to reject an effort to take additional time to review the changes made to the bill by the Missouri Senate. The bill later was found to include a one-sentence provision buried in the 123-page bill that authorized the practice of lay midwifery. The wording was obscure at best, reading “Notwithstanding any law to the contrary, any person who holds current ministerial or tocological certification by an organization accredited by the National Organization for Competency Assurance (NOCA) may provide services as defined in 42 U.S.C. 1396 r-6(b)(4)(E)(ii)(I).” Miffed that the midwife language had been advanced by some degree of subterfuge by the legislative sponsor, Senate leaders stripped the sponsor of his committee chairmanship, at least temporarily. Legislators also took action to reverse their unknowing enactment of the midwife language. They did so on two fronts. One was to attempt to explicitly retract the enactment of the midwife language in House Bill 818. The other was to enact most of the components of House Bill 818 in other bills, allowing House Bill 818 to be vetoed by the governor. After decrying at length the actions of the Senate sponsor of the midwife language, the Senate approved an amendment authorizing a system of licensure for lay midwives. However, the underlying bill subsequently was set aside and is not expected to be debated again. Legislators also have acted to pass many of the components of House Bill 818 in other bills. Most of the insurance reform aspects of House Bill 818 appear at press time to be poised to pass as part of House Bill 364. Another component, the regulation of discount medical plans, already has been enacted in Senate Bill 66. CAFOs Senator Purgason, the Senate bill sponsor, did not agree to the language and would have removed it if the bill had passed which it did not. The Senate agreed to look at an interim on the issue as they did not want to vote on the CAFO question. The article below by MO Net quotes Senator Koster: Future of CAFO Bill Foggy The sponsor of the legislation taking away abilities of counties to enact health ordinances to control livestock operations is not sure he'll try it again next year. Senator Chris Koster of Harrisonville argues that confined animal feeding operations should not have to operate under 114 different sets of county health standards. That's why he wanted to put regulation of CAFO health issues within the state health department. Koster thought he had a deal worked out between the Farm Bureau, the Missouri Association of Counties, and state agencies. But the deal blew up as he took the bill to the Senate floor. Parks and historic sites advocates objected. Several counties said the counties association had endorsed the bill without their agreement, and threatened a lawsuit. Koster says agreement by the Missouri Association of Counties--and its members---is crucial to any effort to revive the bill next year. He says an agreement between the Farm Bureau and MAC would constitute about 80 percent of the political spectrum on the issue. With that, he says, he could take the proposal back to the floor. Koster says he's not sure the formation of a study committee between sessions will do any good. General Assembly Enacts Nursing Licensure Standards
MO Health Net Compromise Reached As Session Closes Senator Charlie Shields (R-St. Joseph) sponsors SB 577. He says he feels good about the compromise that came together Thursday after three days of fruitless negotiations between Senate and House conference committee members. The Senate and House approved vastly different bills. MO Health Net is a top priority of the governor. It is one of the, if not the, biggest bills of this session. Negotiators say talks stalled until the 6pm Friday deadline drew too near to ignore. The compromise language was put together late Thursday night and early Friday morning as lawmakers worked well into the night on the next-to-last day of the session. Details of the program will largely be written by the Department of Social Services, but an Oversight Committee will help guide that process. MO Health Net will contain managed care aspects, provide dental and optical benefits and will emphasize wellness. Durable medical equipment will be provided under the state health care for the poor. A scaled down Ticket-to-Work program will be restored and provider reimbursements will be raised. House sponsor, Rep. Rob Schaaf (R-St. Joseph), says he's elated with the compromise, "I feel like we've taken a giant step in really transforming the Medicaid program." Below is an overview of SB 577. OVERVIEW OF SENATE BILL 577 OF 2007 (MEDICAID REFORM) Delivery Models and Program Implementation The Missouri Department of Social Services, with the approval of the MO HealthNet Oversight Committee, will create health improvement plans for MO HealthNet recipients. Each plan will be one of three models. a risk-bearing coordinated care plan All MO HealthNet participants will be enrolled in a health improvement plan. Enrollment in health improvement plans will begin July 1, 2008, and be completed by July 1, 2011. (§208.950) Health improvement plans will provide MO HealthNet participants with a “health care home,” help enrollees receive care in the least restrictive environment, offer call centers and nurse help lines, and report participant and provider satisfaction annually. (§208.950) By July 1, 2008, health improvement plans will conduct a health risk assessment and develop a care plan for each participant. The plan will have health status goals appropriate for the participants’ age and health risk. (§208.950) Risk-bearing health plans and administrative services organizations will incur financial penalties if specified quality targets are not met. One target is the rate at which their enrollees seek to use hospital emergency departments for nonemergency medical conditions. (§208.950) Health improvement plans will be evaluated based on various factors. (§208.950) Aged, blind, or disabled MO HealthNet participants will not be required to enroll in a risk‑bearing coordinated care plan. (§208.950) Health improvement plan contracts will be awarded based on competitive bid, with requests for proposals issued for at least six regions in the state. No vendor will be issued a single statewide contract, but this requirement will not void the state’s current contract for chronic care improvement services in place on August 28, 2007. Risk-bearing care coordination plans serving counties as of July 2007 will continue to serve their contractual enrollees. The Department of Social Services is to use a public process for designing and implementing standards for health improvement plans and for the MO HealthNet program generally. (§208.950) Eligibility Standards A “premium offset” program is authorized. It would use state and federal funds to offset some of the cost of standardized private health insurance coverage for individuals who have been uninsured for one year and whose income does not exceed 185 percent of the federal poverty level. The offset would be available only if the employee or employer, or both, pay their required shares of the premium. An employee may directly enroll in the program if his or her employer does not participate. An employer may not participate for more than five years. Unless reauthorized, the program will end July 30, 2011. The MO HealthNet Division will apply for federal waivers or plan amendments to implement the program. (§208.202) A “Ticket to Work Health Assurance Program” is created to extend MO HealthNet coverage to certain working disabled people. (§208.146) Subject to federal approval, participants in state drug court programs may receive a temporary extension of MO HealthNet coverage under certain circumstances. (§208.151) MO HealthNet coverage is extended to independent foster care adolescents between ages 18‑21. (§208.151) New standards are established to determine whether a child is deemed to have access to affordable coverage, which is a criterion for coverage eligibility under the State Children’s Health Insurance Program. (§208.640) Income from employment at a sheltered workshop will not be considered in determining eligibility for coverage. (§208.152) Cost-of-living increases for Social Security will be disregarded until the federal poverty level for that year is implemented. (§208.153) Eligibility standards for the Uninsured Women’s Health Care program are revised to extend coverage to uninsured women with household incomes not exceeding 185 percent of the federal poverty level and assets of less than $250,000. The program provides women’s health services to participants. (§208.659) Spend-down expenditures may be carried forward under certain circumstances. (§208.153) Covered Services Durable medical equipment is named as a covered MO HealthNet service, with a Web-based prior authorization system used to verify medical need. (§208.152) Hospice care is named as a covered MO HealthNet service. (§208.152) Subject to appropriations, optometric and dental services are named as covered MO HealthNet services, with a Web-based prior authorization system used to verify medical need. (§208.152) The MO HealthNet Division will cover services delivered through telehealth on the same basis as in-person contacts. The Department of Social Services will establish regulations governing the program’s standards for telehealth. Patient consent must be obtained before initiating telehealth services. (§208.670) The bill limits the MO HealthNet program’s ability to control access to psychotropic drugs covered under a fee-for-service health improvement plan. (§Section 2) Provider Payment The MO HealthNet Division is to annually report on the status of provider reimbursement rates compared to Medicare rates. For dentists, the MO HealthNet payment rates will be compared to average third‑party payor rates. The division is to develop a four-year plan to achieve parity with Medicare rates and third‑party dental reimbursement rates. Implementation of the plan will be subject to appropriation, but the division is to include the funding needed to implement the plan in its annual budget request to the governor. (§208.152) Subject to appropriations, the MO HealthNet Division will implement a pay-for-performance system developed under the auspices of a professional services payment committee. Employers of physicians whose work generates a portion of an incentive payment will pass that portion, as defined by regulation, to the physician. (§208.153) Applications for Medicaid waivers may not seek to waive the services or payment standards for federally qualified health centers or rural health clinics except as authorized by the MO HealthNet Oversight Committee. (§208.151) Certified pediatric or family nurse practitioners must have collaborative practice arrangements with physicians to qualify as MO HealthNet providers. (§208.152) Current law requiring second opinions to authorize payment for surgery is repealed. (§208.152) Cost-sharing After July 1, 2008, enrollee cost-sharing will be in the form of payments that will be in addition to rather than in lieu of the provider payment. (§208.152) Program Administration A MO HealthNet Oversight Committee is created to oversee various aspects of the program’s development and implementation. (§208.955) A committee is created to advise the Department of Social Services about the development of a comprehensive entry point for long-term care. (§208.955) A legislative Joint Committee on MO HealthNet is created to assess the program’s need for resources to continue and improve the program. (§208.952) A Professional Services Payment Committee is established to develop and oversee the pay‑for-performance guidelines authorized by the legislation. (§208.197) The Department of Social Services will commission an independent survey to assess health delivery system indicators, including provider availability in the MO HealthNet program compared to the general population. (§208.950) The General Assembly’s Legislative Budget Office will conduct an annual rolling five-year forecast for MO HealthNet budgets and enrollment. (§Section 1) The legislation modifies various standards governing the Department of Social Services’ rights of subrogation of third-party benefits available to enrollees. (§208.215, 208.217, 473.398) Access to Providers Liability coverage under the State Legal Expense Fund is extended to various practitioners working in certain clinic settings, including physicians and dentists who provide care without compensation to patients referred for treatment by those clinics. (§105.711) Authorizes a capped amount of income tax credits for contributions of money or equipment to be used to improve access to health care services at practice settings in health professional shortage areas. Monetary contributions will generate state matching funds. (§135.575, 191.1050 to 191.1056) Health Access Incentives Fund monies may be appropriated to enhance MO HealthNet payments to psychologists, psychiatrists and other mental health providers in shortage areas. Also, psychiatrists and psychologists are specifically made eligible for the PRIMO program of state incentives to encourage practice in underserved areas. (§191.411) Fraud Individuals reporting allegations of suspected Medicaid provider fraud may receive 10 percent of amounts subsequently recovered by the state attorney general under current Medicaid fraud statutes. (§191.907) The legislation modifies the definition of Medicaid fraud and increases some penalties for violating Medicaid fraud statutes. The fraud standards will apply to state employees, representatives and subcontractors. (§191.900, 191.905) With specified exceptions, employers may not discriminate against an employee who reports allegations of Medicaid fraud. (§191.908) Persons or facilities discovering fraud violations and reporting them voluntarily will not be subject to criminal prosecution. (§191.900) The attorney general’s office will annually report on Medicaid fraud investigations and recoveries. (§191.909) Recording-keeping requirements pertinent to Medicaid claims are established. (§191.910) Criminal penalties are established for intentionally filing a false allegation of fraud. (§191.914) The MO HealthNet Oversight committee will study whether to establish a state office of inspector general to promote program accountability and deter fraud in the MO HealthNet program. (§208.952) Medicaid fraud recoveries not otherwise allocated will be used to raise MO HealthNet provider reimbursement rates. (§191.900) Technology The legislation creates a “Health Technology Fund” and standards for its use and administration. (§208.975, 208.978) Long-Term Care Current law grants a state income tax deduction for 50 percent of unreimbursed long-term care insurance premiums that are not included in itemized deductions. This bill allows all such premiums to be deductible. (§135.096) Assisted living facilities are given deadlines for implementing physician orders for a resident discharged from a hospital or nursing home. (§198.069) New standards are created governing criminal penalties for individuals who assume responsibility for managing the funds of an elderly or disabled person who is a nursing home resident and fail to pay the facility. (§198.097) MO HealthNet coverage of nursing home care will not be available to those with more than $500,000 equity in a home. (§208.151) The legislation refashions current law creating a Long-Term Care Partnership program. In determining eligibility for coverage of long-term care services, the MO HealthNet program would disregard the value of assets equal to the value of a private long-term care insurance policy purchased by the applicant. (§208.690 to 208.698) Personal Care Personal care services will be authorized based on a tiered system of care needs, subject to federal approval. (§208.152) Standards for assessing the value of a personal care contract and its effect on eligibility for an institutionalized individual are established. (§208.213) The expiration date of a law authorizing a consumer-directed personal care program is extended until 2019. (§208.930) Other The legislation codifies in law an executive order that calls for the state to report on the employers who have 50 or more employees, employee spouses or dependents who are MO HealthNet enrollees. (§208.230) A Chronic Kidney Disease Task Force is created and will complete its work by August 30, 2008. (§192.632) A not-for-profit corporation may implement a family development account. (§208.750) The expiration dates on laws governing the SCHIP and the former Medicaid laws are repealed, and standards are established for the implementation of the SCHIP program as federal funds are available. (§208.631, 208.014) Measures “APPROVED” Include: Physician Assistant Supervision
Employee Criminal Background Checks
Abuse and Neglect Protection
Abortion Regulation
Abortion-related Programs
Genetic Disease Programs
Community Support Services
Other Practitioner Licensure Issues
School Health
Measures “NOT” Approved Include: Medicaid Fraud
Employee Background Checks
Advanced Practice Nurses
Workforce Shortage Issues
Licensure Issues
Pharmaceutical Care Issues
Immunizations
Tobacco Settlement
Public Health Issues
Medicaid Eligibility and Benefits
Insurance Regulation
State Funding of Health Care
Closing Remarks This can partially be attributed to term limits as many legislators are new to the process and those that have gained experience are term limited after eight years. A “technical” session will be held on May 25th for housekeeping (signing bills, etc.) The leadership will be present. However, no new business will be conducted. Rumors are still present that a special session could be called. As developments occur they will be forwarded. |
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