Indiana Osteopathic Association - Legislative Hotlinks

Indiana General Assembly 2008

Key bills from the just-completed session include the following.

HB1055 Assignment of benefits. Did not pass. Would have allowed a patient to assign payment of benefits to a provider. This passed the House of Representatives, and was passed out of committee in the Senate, but opposition by insurance carriers, HMO’s, and the Indiana Chamber defeated this much needed bill.

HB1097 Third party rights under health care contracts. Did not pass. See SB159 below.

HB1342 Electronic health records system. Did not pass. Would have required health providers to, not later than January 1, 2010, use an electronic health records system that meets certain requirements for purposes of billing and receipt of claim payment for services rendered by the health provider.

HB1362 Nonprofit and county hospitals. Did not pass. Would have required a: (1) nonprofit hospital; and (2) county hospital; to be certified Medicaid providers and participate in the state Medicaid program. Would have required specified physicians of these hospitals to apply to be Medicaid providers, and if approved, provide covered Medicaid services for Medicaid recipients.

SB0003 Dispensing of drugs by pharmacists. Did not pass. Would have provided that a pharmacist may not be required to dispense or sell a drug or medical device if the drug or medical device would be used to: (1) cause an abortion; or (2) cause the death of a person by means of assisted suicide, euthanasia, or mercy killing. This passed the Senate, but died in the House.

SB0042 Human services. Signed by the Governor. Expands the scope of the select joint commission on Medicaid oversight (commission). Extends the expiration of the office of the secretary of family and social services (office), certain divisions within the office, and the office of Medicaid policy and planning until January 1, 2010, and provides that actions taken after December 31, 2007, by the office, certain divisions within the office, and the office of Medicaid policy and planning are legalized and validated to the same extent that the actions would have been legal and valid if they had been taken before January 1, 2008. Requires certain managed care organizations participating in the Medicaid program to: (1) be accredited by the National Committee for Quality Assurance within certain timeframes; and (2) accept electronic claims for payment. Repeals a provision that provided for the expiration of the commission on December 31, 2008.

SB0149 Coroner and deputy coroner training. Did not pass. Would have required a coroner in office on July 1, 2008, to complete a required training course before January 1, 2009. Would require a deputy coroner in office on July 1, 2008, to complete a required training course before July 1, 2009. Passed out of the Senate but died in House committee.

SB0150 Physical therapists. Did not pass. Would have allowed a physical therapist to evaluate a patient without a referral, but would require the physical therapist to contact the patient's appropriate provider and obtain a referral before providing treatment. Would allow a physical therapist to provide treatment to a patient who was previously referred to the physical therapist for the same condition if: (1) the referral was given not more than three months before the request for the later treatment; and (2) the physical therapist consults with the referring provider within three days. An amendment was mad on the floor of the Senate that would require a physical therapist to have additional specified education in order to perform a spinal manipulation. This was unacceptable to the physical therapy association, and the bill was not called for third reading. It will be introduced again next year, according to Senator Miller.

SB0156 Communicable disease rules. Signed by the Governor. Specifies that the state department of health may adopt emergency rules concerning communicable diseases.

SB0159 Third party access to terms of health care contracts. Signed by the Governor. Specifies terms under which a third party may obtain access to a contractor's rights and responsibilities related to a provider's delivery of health care services. A contractor may not lease, rent, or otherwise grant access to a provider's services unless the third party has a contract for the administration of claims, and the contract specifically states that the contractor may lease, rent, or otherwise grant access to the provider's health care services under the health care contract. A contractor that leases, rents, or otherwise grants access to a provider's health care services shall maintain an Internet web page or a toll free telephone number through which the provider may obtain a listing, updated at least semiannually, of the third parties to which access to the provider's health care services has been granted. A contractor shall identify any preferred provider organization, network, that is known at the time of contracting, to which the contractor will grant access to the provider's services. A contractor shall ensure that an explanation of benefits or remittance advice furnished to the provider identifies the contractual source of any discount that applies. This law applies to a health care contract that is entered into, amended, or renewed after June 30, 2008.

SB0164 Human services matters. Signed by the Governor. Specifies certain requirements concerning payment and denial of Medicaid claims. Specifies that eligibility for the children's health insurance program (SCHIP) is limited to a child whose family annual income is not more than 300% of the federal income poverty level or the maximum percentage approved by the federal government if the approved percentage is less than 300%. Requires the health finance commission to study during the 2008 interim the feasibility and costs of allowing individuals who meet certain requirements to participate in the Indiana check-up plan without state funding for their coverage.

SB0218 Study commission for single payer health coverage. Did not pass. Would have established a single payer health coverage commission to evaluate and make recommendations, before December 1, 2008, concerning implementation of a single payer health coverage system in Indiana.

SB0363 Uniform emergency health practitioners act. Did not pass. Would have codified the uniform emergency volunteer health practitioners act to provide a procedure for recognizing other states' licenses for health practitioners who volunteer to provide assistance during an emergency requiring significant health care assistance. Would provide for the creation of a registration system that: (1) out-of-state practitioners may use before or during a disaster; (2) may coincide with existing state or federal registration systems; and (3) allows, upon registration, a health practitioner to contribute professional skills to existing organized disaster efforts. This passed out of the Senate and the House committee, but did not get a hearing on the House floor.