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MASCA Legislative Update 2/18/2018

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Key Legislative Updates:

  1. Workers Compensation Claims Database (HEARING NOTICE): 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. A hearing is posted for next week in the Senate Small Business Committee.

  2. Surprise Billing: The Senate Health Committee is expected to vote on Sen. Onder’s legislation this week that targets anthem’s recent policy changes on ER reimbursement, direct billing, and the use of “modifier 25” billing codes if you are treating a patient for multiple things in one visit. As reported last week, Sen. Jill Schupp (D-St. Louis County) wants to address the surprise billing issue that is emerging in states across the country. Here is language from Kentucky and Tennessee that we are proposing.

  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, but the vote in the Rules Committee was postponed last week. We think we have the votes to defeat this bill.

  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.

Next Week’s Public Hearings on Tracked Legislation:

MONDAY - 02/19/18

House-Special Committee/Litigation Reform MONDAY - 02/19/18 2:00 PM, HR 6 Public Hearing:

DeGroot, Bruce

Modifies provisions relating to damages in wrongful death actions

Senate-Professional Registration MONDAY - 02/19/18 2:00 PM, SCR 1

Sater, David

Modifies provisions relating to advanced practice registered nurses in collaborative practice agreements

Cunningham, Mike

Modifies provisions relating to nurses

House-Rules-Administrative Oversight MONDAY - 02/19/18 5:00 PM or Upon Adj., whichever is later, HR 6 Executive Session:

Haefner, Marsha

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

Ross, Robert

Changes the laws relating to professional registration.

Neely, James

Requires the Department of Health and Senior Services to develop and disseminate information regarding the bone marrow registry.

Frederick, Keith

Prohibits covenants not to compete.

TUESDAY - 02/20/18

Senate-Insurance and Banking TUESDAY - 02/20/18 8:01 AM, Senate Lounge

Wieland, Paul

Specifies that whether an ailment qualifies as an emergency medical condition does not depend on what final diagnosis is given

House-Special Committee/Employment Security TUESDAY - 02/20/18 8:45 AM, HR 6 Public Hearing:

DeGroot, Bruce

Modifies provisions relating to notices on workers' compensation requirements.

Senate-Small Business and Industry TUESDAY - 02/20/18 10:15 AM or Upon Morning Recess, SCR 1

Schatz, Dave

Modifies provisions relating to maximum medical fees under workers' compensation laws.

House-Government Efficiency (POSTING CHANGE) TUESDAY - 02/20/18 12:00 PM or Upon Morning Adj., whichever is later, HR 6 Executive Session:

Wiemann, John D.

Modifies provisions relating to administrative proceedings.

House-General Laws TUESDAY - 02/20/18 5:00 PM or Upon Adj., whichever is later, HR 5 Executive Session:

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.

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