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Bill Watch, Jan. 15, 2019: Current Health Care Law Legislation of Note - Health Care and Life Sciences News

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Health Care and Life Sciences News


Posted on: Jan 15, 2019

The IndyBar Legislative Committee is currently monitoring the following health care law related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Mindy Westrick at mindy.westrick@faegrebd.com.

Click here to view the full Bill Watch reports.

HB1007    PERINATAL CARE. (KIRCHHOFER C) Requires the state department of health (department) to establish a perinatal navigator program. Requires a health care provider to: (1) use a validated and evidence based verbal screening tool to assess a substance use disorder in pregnancy for all pregnant women who are seen by the health care provider; and (2) if the health care provider identifies a pregnant woman who has a substance use disorder and is not currently receiving treatment, provide treatment or refer the patient to treatment. Requires the department to establish guidelines for health care providers treating substance use disorder in pregnancy. Adds the department of child services to the list of agencies to which a health care provider may not release the results of certain tests given to a pregnant woman.

HB1117    MEDICAID NURSING FACILITY SERVICES. (KARICKHOFF M) Extends the prohibition on the office of Medicaid policy and planning from including certain Medicaid recipients who receive nursing facility services in a Medicaid risk based managed care program or a capitated managed care program through December 31, 2021. Includes Medicaid recipients who participate in certain waivers or reside in an intermediate care facility for individuals with intellectual disabilities setting in the prohibition of being placed into a risk based managed care program or capitated managed care program.

HB1142    INFANT MORTALITY COLLABORATIVE. (SHACKLEFORD R) Establishes the infant mortality reduction collaborative (collaborative) to be staffed by the state department of health. Sets forth duties of the collaborative.

SB11    NEEDLE EXCHANGE PROGRAM PARTICIPATION. (BOHACEK M) Requires a qualified entity to establish and maintain a syringe exchange program registry. Provides a defense to prosecution of certain offenses related to controlled substances if: (1) a person is currently registered under a syringe exchange program; (2) the person obtained the hypodermic syringe or needle under a syringe exchange program; and (3) there is no more than a residual amount of a controlled substance located in the hypodermic syringe or needle.

SB108    COVERAGE FOR PHARMACIST CARE. (GROOMS R) Requires an accident and sickness insurer that enters into a preferred provider agreement to: (1) reimburse for health care service provided by a pharmacist within the scope of practice to the same extent and in the same manner as the insurer would reimburse certain other health care providers; and (2) demonstrate an adequate number of pharmacists within a reasonable proximity to insureds. Requires a preferred provider agreement to provide for the reimbursement.

SB111    SUBSTANCE ABUSE PREVENTION GRANT PROGRAMS. (KOCH E) Requires the division of mental health and addiction to establish and administer the: (1) community and faith based substance abuse programs grant; and (2) community and faith based substance abuse transportation assistance grant program. Sets forth requirements and establishes accounts for the grants. Appropriates $100,000 annually to the community and faith based substance abuse programs grant. Appropriates $50,000 annually to the community and faith based substance abuse transportation assistance grant program.

SB112    ANATOMICAL GIFTS AND INDIVIDUALS WITH DISABILITIES. (KOCH E) Prohibits certain health care entities from discriminating against potential transplant recipients solely on the basis of disability, and authorizes an individual to seek injunctive relief against an entity believed to be in violation of the law. Defines "covered entity". Defines "qualified recipient". Prohibits a state employee health plan, insurer, or health maintenance program from denying coverage for anatomical gifts, transplantation, or related treatment and services solely on the basis of disability.

SB113    GUARDIAN REIMBURSEMENT AND MEDICAID ELIGIBILITY. (KOCH E) Specifies that an amount not to exceed $175 a month in court ordered guardianship fees for an individual who is: (1) in an institution; or (2) applying for or participating in the Medicaid aged and disabled waiver; is exempt from Medicaid income eligibility consideration.

SB117    WAIVER TRAINING REIMBURSEMENT PILOT PROGRAM. (MERRITT J) Establishes the physician waiver training reimbursement pilot program to reimburse qualified physicians who undergo certain training, for the purpose of increasing the number of physicians in Indiana allowed under the federal Drug Addiction Treatment Act of 2000 to prescribe certain controlled substances to treat opioid dependency in settings other than an opioid treatment program. Establishes requirements for participation in the pilot program.

SB141    OFFICE BASED OPIOID TREATMENT PROVIDERS. (HOUCHIN E) Specifies requirements that a health care provider that prescribes for a patient in an office based opioid treatment setting must meet in the treatment of the patient. Requires the medical licensing board of Indiana, in consultation with the state department of health and the office of the secretary of family and social services, to adopt rules or protocols concerning office based opioid treatment providers and: (1) treatment agreements; (2) periodic scheduled patient visits; (3) urine toxicology screenings; (4) HIV, hepatitis B, and hepatitis C testing; and (5) the medical record documentation required for the prescribing of buprenorphine over a specified dosage.

SB146    PRESCRIBING OF CONTROLLED SUBSTANCE. (MERRITT J) Requires that a controlled substance prescription be issued electronically after June 30, 2020, and establishes a Class B infraction for a prescriber who fails to comply. Requires a prescriber to obtain three hours of continuing education every two years on the prescribing of opioid medication in order to continue issuing prescriptions for opioid medication, and establishes a Class B infraction for failure to comply. Requires the medical licensing board of Indiana to study and determine, before November 1, 2019, whether a waiver is necessary for the electronic prescription requirement and to report back to the general assembly. Sets forth requirements for the report.

SB162    CHRONIC PAIN MANAGEMENT. (MESSMER M) Requires state employee health plans, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts to provide coverage for chronic pain management. Requires a practitioner to prescribe other forms of treatment for certain chronic pain before prescribing an opioid. Requires the office of Medicaid policy and planning to apply for any Medicaid state plan amendment necessary to provide the coverage.

SB166    TREATMENT OF LYME DISEASE. (LANANE T) Requires that, if an individual is diagnosed with Lyme disease or a related tick borne disease, state employee health plans, Medicaid, policies of accident and sickness insurance, and health maintenance organization contracts must provide coverage for Lyme disease or a related tick borne disease testing and treatment that is prescribed by a health care provider. Provides that a health care provider may not be subject to discipline solely because the health care provider prescribed, administered, or dispensed a long term antibiotic treatment for the treatment of Lyme disease or a tick borne disease. Requires a health care provider or health care provider's designee who orders a laboratory test for the presence of Lyme disease to provide the patient or the patient's legal representative with certain written information concerning Lyme disease.

SB174    FERTILITY FRAUD. (SANDLIN J) Provides that a physician who treats a patient of that physician for infertility: (1) by using the physician's own spermatozoon or ovum, without the patient's consent; or (2) by using donated human reproductive material without the consent of the donor; commits fertility fraud, a Level 6 felony. Provides that a prosecution for criminal fertility fraud that would otherwise be barred by the statute of limitations may be brought not later than five years after the earliest of the date on which: (1) the state first discovers evidence sufficient to charge the offender with the offense through DNA analysis; (2) the state first becomes aware of the existence of a recording that provides evidence sufficient to charge the offender with the offense; or (3) a person confesses to the offense. Establishes a cause of action for civil fertility fraud and provides that a prevailing plaintiff may be awarded actual damages or liquidated damages of $10,000. Specifies that the statute of limitations for civil fertility fraud is 10 years from the eighteenth birthday of the child, or not later than five years after the earliest of the date on which: (1) the person first discovers evidence sufficient to bring an action against the defendant through DNA analysis; (2) the person first becomes aware of the existence of a recording that provides evidence sufficient to bring an action against the defendant; or (3) the defendant confesses to the offense.

SB201    HEALTH PROVIDER ETHICAL EXEMPTION. (BROWN L) Includes health care providers in the prohibition from being required to perform an abortion or assist or participate in procedures intended to result in an abortion if the health care provider objects to the procedures on ethical, moral, or religious grounds. (Current law applies only to physicians and employees.)

SB202    PHYSICIAN ORDER FOR SCOPE OF TREATMENT. (BROWN L) Requires that a health provider assess an individual's mental health before the individual may execute a physician order for scope of treatment (POST) form. Removes artificially administered nutrition from inclusion in the POST form. Requires that there is space at the top of the POST form to indicate whether an individual has designated a health care representative.

SB203    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.

SB209    TAX DEDUCTION FOR HEALTH CARE SHARING EXPENSES. (CRANE J) Provides that an individual who is an Indiana resident and a member of a health care sharing ministry is entitled to an adjusted gross income tax deduction for a taxable year equal to the total amount of qualified health care sharing expenses paid by the taxpayer during the taxable year.

SB222    DISCLOSURE OF PUBLIC HEALTH INFORMATION. (KOCH E) Provides that if a person is or was prohibited from working in a food establishment because the person has or had a communicable or infectious disease while working in a food establishment, a local health department or the health and hospital corporation (corporation) shall, upon request, disclose certain information. Specifies that a local health department or a corporation may not disclose the name or any identifying information of the person who has or had a communicable or infectious disease.

SB228    DEPARTMENT OF HEALTH MATTERS. (CHARBONNEAU E) Allows the state health commissioner to issue standing orders (current law allows for statewide standing orders) and sets forth requirements of a standing order. Removes requirement that the state department of health (state department) adopt rules defining a birth problem. Requires the state department to publish a list annually of birth problems required to be reported and allows for the state department to update the list. Adds considerations by the state department in compiling the birth problem list. Allows the state department to release information in the immunization data registry to the Centers for Disease Control and Prevention. Requires the state department to publish a list of reportable communicable diseases and other diseases and conditions that are a danger to health and to publish the list of control measures for the diseases and conditions on the state department's Internet web site. Sets forth considerations in updating the list of communicable diseases and conditions.

SB229    PSYCHOTROPIC MEDICATION IN FOSTER CARE. (GROOMS R) Requires the department of child services (department) to consult with a licensed child and adolescent psychiatric consultant before consenting to a request to administer psychotropic medication to a child under the care and supervision of the department. Requires the department to develop: (1) a report to monitor prescriptions of psychotropic medication for children under the care and supervision of the department; and (2) educational materials regarding psychotropic medication that may be prescribed to children under the care and supervision of the department. Requires residential child care entities licensed by the department to: (1) obtain written instructions and consents before providing psychotropic medication to a child; and (2) maintain a record of information regarding the administration of psychotropic medication to a child.

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