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Bill Watch, Feb. 20, 2018: Current Health Care Legislation of Note - Health Care and Life Sciences News

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Health Care and Life Sciences News


Posted on: Feb 20, 2018

The IndyBar Legislative Committee is currently monitoring the following health care related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at lawren.mills@icemiller.com.

Click here to view the full Bill Watch reports.

HB1007    EXPANDING MENTAL HEALTH ACCESS. (KIRCHHOFER C) Requires the office of Medicaid policy and planning to implement a centralized credentials verification organization and credentialing process. Allows the division of mental health and addiction to grant approval for nine additional opioid treatment programs that: (1) are operated by a hospital; and (2) meet other specified requirements; if the division determines that there is a need for the program in the proposed location. Makes an exemption for an individual employed by a community mental health center to the requirement that an individual obtaining clinical social work experience be licensed as a social worker. Provides that mental health and addiction forensic treatment services may be administered or coordinated only by a provider certified by the division of mental health and addiction or licensed by the Indiana professional licensing agency to provide mental health and addiction treatment. (Under current law, a provider may provide services only if the provider is certified or licensed by the division of mental health and addiction.) Provides for temporary permits to certain individuals who are pursuing required clinical supervisory hours needed for licensure. Provides that the temporary permits are not renewable. Requires certain policies of accident and sickness insurance to provide coverage for substance abuse or chemical dependency treatment provided by an addiction counselor. Requires: (1) an accident and sickness insurer; and (2) a health maintenance organization; to provide provisional credentialing to a provider for which a credentialing determination is not completed in at least 30 days if certain requirements are met. Urges the legislative council to assign to an appropriate interim study committee the task of studying the impact that opioid treatment programs have on the neighborhoods and communities in the immediate area of the opioid treatment programs.

HB1017   NEWBORN SCREENING. (GUTWEIN D) Adds spinal muscular atrophy and severe combined immunodeficiency to the list of disorders in the newborn screening requirements.

HB1058    INFLUENZA INFORMATION TO RESIDENTS. (BACON R) Requires an operator of a housing with services establishment to provide to residents certain information concerning influenza and influenza vaccinations. Specifies that an operator is deemed to be in compliance with the requirement if the operator provides a resident the latest vaccination information statement concerning influenza issued by the Centers for Disease Control and Prevention.

HB1117    NURSING FACILITY MEDICAID REIMBURSEMENT RATES. (FRIZZELL D) Requires the office of Medicaid policy and planning to use the report card score published by the state department of health on June 30, 2017, to establish the nursing facility report card score measure of the nursing facility total quality score in determining reimbursement rates to nursing facilities for services provided to Medicaid recipients for the July 1, 2018, rate effective date.

HB1119    PHYSICIAN ORDER FOR SCOPE OF TREATMENT AND CONSENT. (KIRCHHOFER C) Provides that the definition of "cardiopulmonary resuscitation" (CPR) that applies to a do not resuscitate declaration also applies to a physician order for scope of treatment (POST) form. Adds licensed dentists, home health aides, and physician assistants to the definition of "health care provider" for purposes of a POST form. Establishes a priority order for who may provide consent if an adult is incapable of providing consent to health care. Provides exceptions to the priority order. Provides that if the individuals at the same priority level disagree as to the health care decisions on behalf of the patient, a majority of the available individuals at the same priority level controls. Provides that if an individual is incapable of consenting to the individual's own health care, the health care provider shall make a reasonable inquiry as to the availability of individuals who are able to provide health care consent. Specifies that the POST laws do not create a duty for a person to perform CPR on a declarant if the declarant's POST form indicates the declarant is not to be resuscitated. Allows a treating physician, advanced practice nurse, or physician assistant to execute and exercise certain responsibilities concerning a POST form. Allows a qualified person or representative to use an electronic signature on the POST form. Permits a representative to revoke a POST form if the declarant is incapable of making health care decisions and the representative acts: (1) in good faith; and (2) in accordance with the qualified person's intentions, if known, or in the qualified person's best interests, if the intentions are not known. Allows a POST document that was executed in another state and that meets certain conditions to be honored in Indiana. Requires the state department of health to maintain on the department's Internet web site a list of, or a link to the Internet web sites of, other states that may honor an Indiana POST form.

HB1143    PRIOR AUTHORIZATION FOR HEALTH CARE SERVICES. (SCHAIBLEY D) Specifies requirements for prior authorization of health plan coverage and claim payment, including provisions requiring electronic transmission of prior authorization requests and responses or, in certain circumstances, use of a standard prior authorization form established by the department of insurance.

HB1175    DIABETES REPORTING. (SUMMERS V) Requires the state department of health (state department) to collaborate with the office of the secretary of family and social services and develop a strategic plan to identify and significantly reduce the prevalence of diabetes and prediabetes. Requires the state department to establish workgroups to assist with development of the strategic plan. Requires the state department to submit the strategic plan to the governor and the general assembly and to update the strategic plan every two years until July 1, 2026. (The introduced version of this bill was prepared by the interim study committee on public health, behavioral health, and human services.)

HB1180    EMT USE OF INJECTABLE EPINEPHRINE. (MAHAN K) Requires the emergency medical services commission to establish training and certification standards for the administration of epinephrine through a prefilled syringe and a syringe and ampule by an emergency medical technician (EMT). Allows an EMT who has been certified to administer epinephrine through an auto-injector, a prefilled syringe, and a syringe and ampule.

HB1203    QUALIFIED EGG BANKS. (EBERHART S) Amends, for purposes of the law regarding unlawful transfer of a human organism, the definition of "qualified third party" and changes the term to "qualified egg bank". Specifies qualifications for a physician overseeing medical services related to ovum cryopreservation. Specifies requirements that must be met by a fertility clinic or similar medical facility in order to be considered a qualified egg bank. Exempts from the criminal offense of unlawful transfer of a human organism the payment to or receipt by a qualified egg bank of an amount for: (1) the retrieval of a human ovum; (2) the cryopreservation of a human ovum; (3) the transportation of a human ovum; or (4) other aspects of specified treatments or procedures to enhance human reproductive capability.

HB1260    ISSUANCE OF HOSPITAL LICENSE. (KARICKHOFF M) Requires, beginning January 1, 2019, the state department of health (state department) to issue a hospital license to a hospital that has received accreditation by recognized accrediting organizations. Allows the state department to investigate complaints against an accredited hospital for substantial noncompliance with accredited standards. Requires the state department to conduct annual surveys for hospitals that are not accredited by a recognized accrediting organization. Requires the state department to conduct random validation surveys on behalf of the Centers for Medicare and Medicaid Services. Requires the state department to work with recognized accrediting organizations to develop and implement common accrediting and licensure standards.

HB1287    NEWBORN SCREENINGS. (VANNATTER H) Establishes when a blood sample must be taken from a newborn infant for testing for certain disorders. Provides that the time requirement for taking a blood sample does not apply to preterm infants or newborn infants who receive a total exchange blood transfusion.

HB1317    HEALTH MATTERS. (CLERE E) Prohibits certain actions by a state employee plan, health insurer, and health maintenance organization (health plans) concerning pharmacy disclosure of pricing information and the amount payable upon receiving a prescription drug. Provides that changes to the designated coverage area of an area agency on aging may not be made until after a public hearing is held and one year elapses from the date of the hearing. Provides that the definition of "community and home care services" includes services, not covered by Medicaid, necessary to prevent individuals with intellectual or developmental disabilities from being institutionalized and to help such individuals to transition out of health care facilities or group homes. Requires the community and home options to institutional care for the elderly and disabled (CHOICE) board to review proposed rules concerning the CHOICE program and removes the time requirement for the review. (Current law requires review of proposed rules concerning home and community based services at least three months before the rule may be published.) Removes provisions concerning the CHOICE board setting a public comment period. Requires the office of the secretary of family and social services to study service provider and systems point of entry reimbursement rates for recipients of early intervention services. Requires the office of the secretary of family and social services to study reimbursement rates and the methodology for case management services for recipients of certain Medicaid waivers. Requires the board of pharmacy to adopt rules concerning telepharmacy under the laws regulating remote dispensing facilities. Exempts from the law regulating pharmacists and pharmacies the delivery of peritoneal renal dialysis related supplies by manufacturers, third party logistic providers, and wholesale drug distributors in certain circumstances. Urges the legislative council to assign to an appropriate interim study committee the task of studying the impact that joining the nurse licensure compact would have on the delivery of nursing services to residents of Indiana.

HR2    INTERIM STUDY OF MEDICAL MARIJUANA. (LEHMAN M) Urging the legislative council to assign the topic of medical marijuana to the interim study committee on public health, behavioral health, and human services during the 2018 interim.

SB62    HOSPICES AND MEDICAID. (BECKER V) Requires the office of Medicaid policy and planning (office) to retain a recipient who participates in the Medicaid risk based managed care program (program) on the program if the recipient is approved to receive hospice services without losing Medicaid coverage. Requires reimbursement of the hospice provider through the program if the recipient participates in the program.

SB139    INVESTIGATION OF OVERDOSE DEATHS. (MERRITT J) Requires the county coroner to do the following if the county coroner reasonably suspects the cause of a person's death to be accidental or intentional overdose of a controlled substance: (1) Obtain any relevant information about the decedent maintained by the INSPECT program. (2) Extract and test certain bodily fluids of the decedent. (3) Report test results to the state department of health (department). (4) Provide the department notice of the decedent's death, including any information related to the controlled substances involved, if any. Authorizes the department to adopt rules. Makes conforming changes.

SB142    MATERNAL MORTALITY REVIEW COMMITTEE. (LEISING J) Requires the state department of health (state department) to establish a statewide maternal mortality review committee (committee) until June 30, 2023, and sets forth membership and duties of the committee. Specifies confidentiality of records reviewed by the committee. Requires a health care provider or health care facility that has a patient who dies of a maternal mortality to report the death to the committee and sets forth immunity provisions for the provider or facility. Allows the committee to review maternal morbidity cases. Specifies records to which the committee may have access. Requires the committee to submit a report to the state department before July 1 of each year concerning the committee's reviews and requires the state department to post the report on the state department's Internet web site and make the report available for public inspection. Provides civil and criminal immunity to committee members in discussing confidential matters before the committee.

SB190    HEALTH FACILITY CERTIFICATE OF NEED. (MISHLER R) Requires the office of the secretary of family and social services to cooperate with the state department of health (state department) in the provision of certain health facility information. Establishes a comprehensive care health facility certificate of need program administered by the state department. Sets forth certificate of need application requirements and exemptions.

SB208    PHYSICIAN MAINTENANCE OF CERTIFICATION. (BROWN L) Prohibits a hospital from denying hospital staff or admitting privileges to a physician or podiatrist based solely on the decision of the physician or podiatrist not to participate in maintenance of certification. Specifies that the medical licensing statute and the podiatrist licensing statute do not require a licensed physician or licensed podiatrist to hold or maintain a board certification in a specialty medical area in order to practice. Prohibits an accident and sickness insurer from: (1) denying a physician or podiatrist the right to enter into a reimbursement agreement with the insurer; (2) denying a physician or podiatrist reimbursement for a covered service; or (3) setting reimbursement for services provided by a physician or podiatrist at a lower rate; based solely on the decision of the physician or podiatrist not to participate in maintenance of certification. Prohibits a health maintenance organization (HMO) from: (1) preventing a physician or podiatrist from entering into a participating provider contract with the HMO; (2) denying a physician or podiatrist reimbursement for a covered service; or (3) setting reimbursement for services provided by a physician or podiatrist at a lower rate; based solely on the decision of the physician or podiatrist not to participate in maintenance of certification.

SB210    PRIOR AUTHORIZATION. (BROWN L) Specifies requirements for prior authorization of health plan coverage and claim payment, including provisions concerning electronic transmission of prior authorization requests and responses, except in certain circumstances.

SB221    INSPECT PROGRAM. (HOUCHIN E) Allows a dispenser of ephedrine, pseudoephedrine, or a controlled substance to transmit certain information to the INSPECT program by any electronic method that meets specifications prescribed by the state board of pharmacy (board). Provides that, to the extent considered appropriate by the board, the INSPECT data base must be interoperable with other similar registries operated by federal and state governments. Requires the following practitioners to obtain information about a patient from the data base before prescribing an opioid or benzodiazepine to the patient: (1) A practitioner who has had the information from the data base integrated into the patient's electronic health records. (2) Beginning January 1, 2019, a practitioner who provides services to the patient in the emergency department of a hospital or a pain management clinic. (3) Beginning January 1, 2020, a practitioner who provides services to the patient in a hospital. (4) Beginning January 1, 2021, all practitioners. Removes lapsed provisions. Provides that beginning January 1, 2019, a practitioner who is permitted to distribute, dispense, prescribe, conduct research with respect to, or administer ephedrine, pseudoephedrine, or a controlled substance in the course of the practitioner's professional practice or research must be certified to receive information from the INSPECT program.

SB223    HEALTH PRACTITIONER LICENSE RENEWAL SURVEYS. (HEAD R) Requires specified licensed health practitioners to provide certain information related to the practitioner's work, including the practitioner's work with Medicaid patients, when renewing the practitioner's professional license online. Requires the Indiana professional licensing agency to: (1) compile the information collected into an annual report; (2) post a copy of the report on the agency's Internet web site; and (3) submit the report to the office of Medicaid policy and planning, the department of workforce development, the commission on improving the status of children, and the legislative council.

SB224    BEHAVIORAL HEALTH AND HUMAN SERVICES LICENSING. (HEAD R) Allows up to 50% of the supervised experience hours required for licensure as the following to be accounted for through virtual supervision by the appropriate supervisor: (1) Clinical social worker. (2) Mental health counselor. (3) Marriage and family therapist. (4) Addiction counselor. Requires an applicant for licensure as a mental health counselor or mental health counselor associate to complete a clinical practicum, an internship, or field experience in a counseling setting of at least 700 clock hours, including at least 66 hours of face to face supervision. (Current law requires an applicant for licensure as a mental health counselor or mental health counselor associate to complete a clinical practicum, internship, or field experience in a counseling setting of at least 1,000 clock hours, including at least 100 hours of face to face supervision.)

SB225    CONTINUING EDUCATION REQUIREMENTS. (HEAD R) Establishes continuing education requirements for licensed health care practitioners who apply for a controlled substances registration. Provides that the continuing education requirements expire July 1, 2025.

SB243    HOSPITAL LICENSING. (BRAY R) Provides that, beginning March 21, 2018 and until the later of when certain rules are adopted or July 1, 2019, a hospital, to obtain and continue to maintain an initial license: (1) must have an average daily census of at least two inpatients; (2) must have an average length of stay of at least two nights; and (3) must be serving at least two inpatients at the time of its licensure inspection. Provides that, until the later of when certain rules are adopted or July 1, 2019, a hospital applicant with less than 20 inpatient beds seeking to operate as a hospital must be: (1) listed as an additional location to an acute care license already held by; and (2) owned and operated by; an entity permitted to hold an acute care hospital license. Establishes a hospital licensure task force (task force) and sets forth membership. Requires the task force to review state regulations concerning the licensure of acute care hospitals and, before July 1, 2018, to present any recommendations for changes in the licensure statutes to the executive board of the state department of health. Requires the executive board to review any task force recommendation and either approve or reject the recommendation without modification. Provides that any task force recommendation approved by the executive board shall be implemented by the state department through the adoption of rules.

SB360    PERINATAL LEVELS OF CARE DESIGNATION CERTIFICATION. (CHARBONNEAU E) Requires the state department of health to establish a program to certify perinatal levels of care designations for licensed hospitals and birthing centers that provide birthing services. Specifies requirements that must be met in order to operate as a perinatal center. Allows perinatal centers to perform peer review for the perinatal center, other hospitals, and other birthing centers that provide birthing services.

SB398    OFFICE BASED OPIOID TREATMENT PROGRAMS. (HOUCHIN E) Establishes requirements for office based opioid treatment program providers in order to operate in Indiana. Requires the division of mental health and addiction (division) to: (1) oversee the office based opioid treatment programs; and (2) establish a central registry containing specified information concerning patients of office based opioid treatment programs. Allows a city, town, or county to adopt an ordinance or a township to adopt a resolution that: (1) establishes reporting requirements for office based opioid treatment programs that are more stringent or detailed than the statute; or (2) bans, after January 1, 2018, the establishment of an office based opioid treatment program.

SB410    ADVANCED PRACTICE REGISTERED NURSES. (CHARBONNEAU E) Replaces the term "advanced practice nurse" with "advanced practice registered nurse" throughout the Indiana Code. Requires the Indiana state board of nursing to adopt rules concerning educational and certification requirements that an advanced practice registered nurse must meet to be authorized to prescribe drugs.

SB421    ASSISTED LIVING SERVICES. (BECKER V) Requires the office of Medicaid policy and planning to reimburse under Medicaid for assisted living services provided by residential care facilities and other housing with services establishments under a program administered by the office. Allows for Medicaid reimbursement for any home and community based services provided to a Medicaid recipient beginning on the date of the individual's application. Sets forth requirements and limitations concerning assisted living services provided in a home and community based services setting. Requires the office to adopt emergency rules concerning the provision of specialized and secure settings for certain individuals under a home and community based services program. Prohibits the office from delegating or contracting out consumer satisfaction surveys. Sets forth timing requirements for inspections and compliance.

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