Missouri Legislative Session Concludes? For who?
Jorgen Schlemeier
The legislators have gone home for the interim, and the newspapers have all written, “2014 Legislative Session is Over.” As usual, I am confused by what I read in the paper, and therefore am choosing to write my own article about this mystery “end” of session. On May 16th around 6:01 p.m. a large group of people left the Capitol abruptly. I waved goodbye to many, and said “see you on Monday!” Some gave me the universal unhappy gesture and others just laughed at me.
I did not know what to make of it until I got home, had a glass of wine and realized, I bet those puzzled looks and unhappy gestures were from lobbyists who passed all the bills their clients ever wanted in a short 4.52187 months. That is why they thought session was over, because they had nothing left to accomplish. Unfortunately I am just a small town lobbyist who does not generate 100% success for 100% of my clients, therefore my session, and subsequently the MOCEP session, has not concluded.
While there may not be any roll calls taken nor committee hearings scheduled for the rest of the calendar year, my work, nor the work of ED docs, have concluded. In fact this is the most important part of session. The work before the vote.
So, since it is 2014, remembering my 8th grade teacher saying, “if the number is divisible by 2, then it is an even number” – actually as a side note, it is a good thing she did not teach English, because what she should have said was, if the number is EVENLY divisible by 2. I remember some kid in the class noting that every number was divisible by 2, not just the even ones. Technically, he was correct, but he got the honor of making his case to the higher authority, known as the principal, after that comment. Anyway, back to “The work before the vote;” since 2014 is EVENLY divisible by 2, it must be an election year, and in fact it is. Elections require your attention. They only come around every other year – but before we can set our summer “session” agenda, you need some background information on what passed and did not pass during the 2014 legislative session so we know what is left to accomplish.
Medical Malpractice
We attempted to reinstate the caps the Supreme Court found unconstitutional on non-economic damages, but the Trial Attorneys had enough Senators to block a vote. The House passed the bill. We attempted to negotiate with them, but they did not perceive a threat since they could hold up the vote. The lack of progress in the Senate was NOT due to Senate leadership, it is simply a rule that allows a group of Senators to keep legislation from coming to a vote. Clearly this is an issue we need to push this summer and fall before we get back into voting season.
Data – Data – Data is what we will need to push this bill to the next step in the process. I, as well as the members of our coalition, are attempting to collect recent data on med mal premium increases, physicians leaving the state and an increase in litigation. We can gather data for the latter two, but need information from you on the first item. Our Coalition will be meeting in June to coordinate efforts.
Motorcycle Helmet Repeal
The riders are at it again, and want to repeal the liberty infringement law of requiring helmets (their words not mine). The bill did make progress through the House but got hung up in the Senate Transportation Committee, where it eventually died. I testified in opposition on your behalf.
APRN Expansion
The nurses attempted a comprehensive rewrite of the Advanced Practice nurses practice act. The debate centered around whether or not the bill was a dramatic departure from today’s law, or did it simply “update” the law. We took the position that both of their proposals over-reached and certainly created uncertainty with respect to the role of the collaborative practice agreement document. One bill simply repealed all the rules related to collaborative practice arrangements and required the Boards (Healing Arts, Nurses and Pharmacy) to jointly re-file the rules governing the APRN/Physician relationship. That was a non-starter.
The second proposal defined the scope of practice of an APRN, which had some issues, but never really discussed them due to the huge omission of requiring a collaborative agreement. The nurses stated during a committee hearing that their intent was not to eliminate the collaborative agreement, however when we amended their bill to clearly state a collaborative agreement was required, the nurses resisted and did not want to move their bill forward with that language.
Both proposals failed.
Medicaid
Medicaid Expansion, Transformation, Reform-you choose the label, we used it. A bill that had strong support from numerous interest groups, including providers, insurers, recipients, business groups, hospital systems and social welfare organizations could never get any momentum behind expanding the eligibility for Medicaid. The Governor made several attempts to get the legislature to do something on the topic, but the few held up the majority again. Election years are tough years to pass controversial issues, but this measure is tough on any year. Expanding “welfare” is a message the opponents use often, and is well received by many. Each of the last two sessions I have seen a glimmer of momentum for the next session, but it has not materialized to date. Former Governor/Former Senator Kit Bond was pulled from his peaceful retirement of fishing to advocate for the proposal. He certainly motivated his key contacts in the Senate, but unfortunately he could not move the hard opponents.
Prescription Drug Monitoring
Same story as last year, and the year before that – Senator Rob Schaaf has a group of 3 or 4 Senators willing to block the vote on this legislation. As many of you know, he is a physician. He is great to work with on nurse issues and medical malpractice items, but not on this one. The government creep is one step closer to your private life and he believes this is ceding too much independence.
Budget
The Governor is telling everyone who will listen that the legislature overspent and he will have to make cuts by use of the veto pen when he signs the Budget bills. Where will revenues for the state end up; tough to know, other than they are lower than the December prediction. This issue will drive the conversation for most of the summer. The legislature passed a large tax decrease over the objection of the Governor.
- Primary Care Physicians received a nominal increase. The ACA allowed a greater match for states which raised their PCP rates to Medicare rates, however that deal runs out in January, and so the legislature decided not to match Medicare rates for only 6 months.
- House and Senate Budget Chairs appropriated money for a Regional Emergency Department Care Coordination Pilot Project. This project brought forward by Dr. Randy Jotte (he will be the first to note that while he brought it to the attention of the Budget Committee, he gives credit to many for the development of this project) caught the attention of Chairman Rick Stream and became a priority of his during Budget deliberations.
Other Bills Of Interest
Tanning Beds (passed)
After narrowing the scope of the bill dramatically from its original version 2 years ago, the bill passed. It requires annual, written parental consent for minors who use tanning beds.
Texting While Driving (failed)
Expanded the current law prohibiting texting while driving to persons 21 and over. The legislature sees the need for punishing distracted driving behavior, but not willing to give law enforcement another reason to pull over drivers.
Epipen (failed)
Allows other public places like restaurants and amusement parks to stock epipens for public use in emergency situations. A public place would need a physician prescription, similar to the law for school districts passed last year. The bill ran into mild opposition on several fronts and eventually was removed from the legislation
Midwifery Licensure (failed)
Creates an avenue for licensing midwives which would denote credibility to their practices. Not a good bill.
Conscientious Rights (failed)
The effect of this legislation on health care providers and facilities could have been dramatic if passed. The bill created a new cause of action for health care providers against employers (hospitals, pharmacies, etc.) if the employer disciplined a health care worker from refusing to participate in a procedure or task (dispensing certain meds for instance) that violated their conscience. The examples and hypotheticals are endless. The bill did exempt emergency procedures
Reservation of Rights (failed)
Allows an insurance company to establish a separate proceeding to determine if coverage is effective for the insured. Here is the issue: a physician has a med mal suit filed against them. They are fighting the plaintiff, but then may also have to fight with their insurance company to determine whether the physician’s med mal insurance coverage is valid for the claim made in the med mal suit. That would pit the physician against their insurer as well as the plaintiff on two separate fronts.
If you have made it this far, you know can see that “session” for MoCEP is not finished.
Priority Number One! – Get in front of your legislator this summer and fall and talk to them about your emergency department. You do not have to visit with them about specific legislation, but instead educate them on the patients you see, the abuses you encounter, the uninsured versus insured mix, and other statistics that you find of interest. Get to know your legislator. Passing legislation is learned better in your sociology class than your political science class.
Therefore dust off your Human Behavior 101 text book and build a relationship with your legislator which will serve you well and help MoCEP end the “session” because our goals will get accomplished. |