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MASCA Legislative Update 2/11/2018

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Weekly Poll for Kansas City State Senate Seat (District 17) – Vacated by former Sen. Ryan Silvey (R) after appointment to Public Service Commission (PSC):

Possible candidates in the 2018 Special Election for State Senate are the Republican Kevin Corlew and the Democrat Lauren Arthur. If the election were held today, for whom would you vote?

Kevin Corlew: 40%

Lauren Arthur: 40%

Undecided: 20%

Key Legislative Updates:

  1. Workers Compensation Claims Database: Establishes a workers compensation claims database, rather than the current “usual and customary” billing practices under current workers compensation law. This has been heavily opposed by the provider community. The bill has been referred to committee, but has not had a public hearing in the Senate. No House version has been filed at this point.

  2. Surprise Billing: Sen. Jill Schupp (D-St. Louis County) is proposing this amendment on surprise billing that she wants to add to SB 928, a bill sponsored by Sen. Bob Onder, MD (R-Lake St. Louis) that cracks down on Anthem’s recent policies on retroactive denials for emergency room care, direct payment on out-of-network claims, and the use of the modifier 25 billing code. “Surprise medical bill” is a term commonly used to describe charges arising when an insured individual inadvertently receives care from an out-of-network provider.

  3. ASC Caregiver Bill: A House and Senate bill have been introduced to require hospitals and ASCs to provide patients with an opportunity to designate a caregiver prior to discharge. We are working to get ASCs carved out of this bill. The House and Senate versions are still awaiting committee referral.

  4. Prohibition of Non-Competes: An act to restrict the use and enforcement of non-compete clauses in contracts. This has a significant amount of opposition from the MO Chamber, MO Hospital Association and other business groups. It was passed 6-4 out of the Workforce Development Committee and is posted for a vote in the House Rules Committee on Monday.

  5. Opioid Restrictions: Restricts initial opioid prescription to seven day supply limit, unless designated in the medical record the reason for additional supply. This is specific to acute pain. This was voted out of the Senate Committee last week and could be up for debate on the Senate floor as early as March.

  6. PDMP: The House and Senate Prescription Drug Monitoring Program (PDMP) bills have stalled this year, mainly because most advocates are waiting for Sen. Rob Schaaf, MD to leave the Senate before pursuing. Moreover, proponents of a PDMP would rather allow the existing county-based program to work until a fully functional statewide program is in place. We don’t expect much movement on these bills this year.

  7. Maintenance of Certification: Prohibits a hospital or health care facility form discriminating against a physician based on their maintenance of certification. This has been second read in the House, but not yet referred to committee.

  8. Assistant Physicians: Expands scope of practice for Assistant Physicians, an effort driven by Rep. Keith Frederick, DO (R-Rolla), an orthopedic surgeon serving in his last term. This bill was heard in committee, but has not been voted out.

Next Week’s Public Hearings on Tracked Legislation

MONDAY - 02/12/18

House-Rules-Administrative Oversight MONDAY - 02/12/18 5:00 PM or Upon Adj., whichever is later, HR 5 Executive Session:

Grier, Derek

Changes the law relating to recognizing licenses to practice occupations or professions issued by other states.

Frederick, Keith

Prohibits covenants not to compete.

TUESDAY - 02/13/18

Senate-Insurance and Banking TUESDAY - 02/13/18 8:05 AM, Senate Lounge Executive Session May Follow:

Wieland, Paul

Modifies provisions of law relating to payments made by insurance companies

House-Government Efficiency TUESDAY - 02/13/18 12:00 PM or Upon Adj., whichever is later, HR 6 Public Hearing:

Alferman, Justin

Modifies provisions of law relating to emergency medical services.

Executive Session:

Wiemann, John D.

Modifies provisions relating to administrative proceedings.

House-General Laws TUESDAY - 02/13/18 5:00 PM or Upon Adj., whichever is later, HR 5 Public Hearing:

Barnes-60, Jason

Allows certain medications in multidose containers used by a patient during a hospital stay to be sent with the patient at discharge.

WEDNESDAY - 02/14/18

Senate-Seniors/Families and Children WEDNESDAY - 02/14/18 8:00 AM, Senate Lounge

Schupp, Jill

Requires certain health care professionals to complete two hours of suicide prevention training as a condition of initial licensure and as a condition of license renewal.

Senate-Health and Pensions WEDNESDAY - 02/14/18 10:15 AM, SCR 1

Wallingford, Wayne

Provides that a managed care plan's network is adequate if the health carrier is accredited by the Accreditation Association for Ambulatory Health Care

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