|
October 28, 2009
Inside the Capitol is a monthly electronic newsletter for Wisconsin Academy of Family Physicians (WAFP) members who are interested in legislative issues. Please contact the WAFP office if you have comments or suggestions.
Health Care-Related Legislation Remains a Top Priority with Lawmakers
The overarching concepts of health care reform continue to dominate headlines as the Obama Administration and Congress work on national initiatives and the state of Wisconsin explores options to improve the quality and decrease the cost of its Medicaid program. However, numerous state legislators are taking a more piecemeal approach to health care policy. Over the last few weeks, several legislative proposals have been unveiled by lawmakers that will impact health care policy in Wisconsin
and Family Medicine. The Wisconsin Academy of Family Physicians (WAFP) Legislative Committee is closely monitoring the flurry of legislative activity in the Capitol and is in the process of providing a recommendation to the Board on whether the WAFP should support, oppose or stay neutral on the following bills:
- SB 312 – E-medical records bill
Under current law, a state tax credit for electronic medical records (EMR) will go into effect in 2012. The tax credit available will be equal to 50% of the amount paid by a health care provider in a tax year for information technology hardware or software that is used to maintain medical records in an electronic form.
Furthermore, the American Recovery and Reinvestment Act of 2009 (ARRA) provides funding to assist health care providers in adopting and using EMR systems. The ARRA initiative contains a framework for the development of standards for certifying EMR systems as eligible for funding. One goal of implementing national standards is to facilitate interoperability of EMR systems and to enable the electronic exchange and use of health information among providers.
Under SB 312, the following changes would be made to the Wisconsin EMR tax credit program:
- Specifies that tax credits may be provided only for costs related to EMR systems that are certified as specified in the ARRA.
- The state must grant priority to claimants that provide health care to underserved or low-income areas when allocating credits.
- Allows credits to be claimed for amounts paid by a health care provider to a third party for EMR services.
- Requires the state to impose penalties on a tax credit recipient who commits a breach of health care privacy.
- SB 324 / AB 458
Senate Bill 324 and Assembly Bill 458 (The Healthy Youth Act) would provide Wisconsin’s students with increased education regarding pregnancy, STD prevention, sexuality and healthy life skills in K-12 classroom settings.
Under current law, a school board is authorized to provide an instructional program in human growth and development in grades K-12, which may include instruction on responsible decision making; interpersonal relationships; discouragement of adolescent sexual activity; reproduction and family planning; and family life and skills required of a parent. Under the Healthy Youth Act, school boards that provide human growth and development instruction would be required to provide additional medically
accurate, age-appropriate information, including:
- Communication between the student and their parents regarding sexuality.
- Reproductive and sexual anatomy and physiology.
- Puberty, pregnancy, parenting, body image, and gender stereotypes.
- Skills to make responsible decisions about sexuality and sexual behavior.
- The benefits of and reasons for abstaining from sexual activity.
- The health benefits, side effects, and proper use of contraceptives to prevent pregnancy and sexually transmitted infections.
- Methods for developing healthy life skills.
- How alcohol or drug use affects responsible decision making.
The bill would also authorize health care providers to provide volunteer instruction to students in human sexuality, reproduction, family planning, STD prevention and other related issues.
In addition, as provided under current law, the legislation would allow parents to opt their children out of human growth and development instruction.
- Health Care Power of Attorney for Spouses Bill
Under the proposed legislation, which is yet to be introduced, an individual’s spouse would be authorized to act as the health care agent in the event the individual does not have a valid power of attorney for health care or the individual’s designated health care agent is unable or unwilling to act. A spouse who is a health care agent would have the same powers and limitations under this bill that a health care agent designated in a power of attorney for health care document
does under current law. The bill would not affect existing power of attorney for health care documents.
- Psychotropic Medication Informed Consent Bill
The proposed legislation would require a nursing home to obtain written informed consent from a resident who has a degenerative brain disorder before administering a psychotropic medication (labeled with a federal boxed warning) to that resident. If the resident is incapacitated, a person acting on behalf of the resident may provide written informed consent.
However, a nursing home is not required to obtain written informed consent if there is an emergency in which a resident, who is not under a court order for administration of psychotropic medication: 1. Is at significant risk of physical or emotional harm or puts others at significant risk of physical harm; and 2. If time and distance preclude obtaining written informed consent from a guardian. Under an emergency situation, the nursing home must obtain oral consent from a resident’s
guardian within 24 hours and written consent within ten days.
- Nurse-Midwives bill
Under the proposed legislation, which is being pursued by the WI Association of Certified Nurse Midwives, current law would be modified as it relates to the practice of nurse-midwifery.
The Legislation would do the following:
- Eliminate the current requirement for a licensed nurse-midwife to collaborate with and enter into a written agreement with a physician. Instead, under the bill, if a licensed nurse-midwife discovers evidence that care is jeopardizing the health or life of a newborn or mother, they must consult with a qualified health care professional or make a referral.
- Allow nurse-midwives to elect to be subject to the state’s health care liability statutes and gain access to the Injured Patient’s and Family’s Compensation Fund. This provision would not be mandatory.
- Authorize hospitals to grant admitting privileges to Certified Nurse-Midwives.
The full text of the introduced bills mentioned-above (i.e., SB 312, SB 324 & AB 458) can be viewed by visiting the Wisconsin Legislature homepage.
The WAFP Legislative Committee and lobby team will continue to review and monitor these bills and provide members with updates in future editions of
Inside the Capitol.
Back to Top
Member Advocacy Helps Delay Senate Bill 203 Vote
The vote on Senate Bill (SB) 203, legislation that would expand claims for loss of society and companionship in medical liability cases, was pulled from the Senate floor calendar. Originally scheduled for October 27, the vote is now delayed, thanks in part to active grassroots advocacy by the WAFP and other organizations opposing the measure.
The vote on SB 203 will most likely be rescheduled for the near future, so it is still critically important for WAFP members to continue contacting their state senators to defeat the bill. If you have not already done so, please call your senator. When you call, remember to:
- Identify yourself as a constituent and family physician
- State your strong opposition to SB 203 – and how this legislation would drive up heath care costs and drive out doctors from Wisconsin
- Ask for their position on the bill
Use the Speak Out tool to locate your senator to call and follow up your call with an email. Speak Out is easy to use and will only take a moment of your time. Also, your state senator's phone number can be found on the Wisconsin State Legislature website.
Thank you to everyone who took time to contact their legislators to voice their opposition—your advocacy DOES make a difference. Watch your email inbox for updates on the rescheduled date for SB 203.
Back to Top
WAFP Legislative Watch:
Track State Health Care Policy
The WAFP Legislative Committee constantly reviews new legislative proposals as they are introduced by legislators from both sides of the aisle. That will continue through the remainder of the 2009-10 legislative session.
Of course, with the session nearing its halfway point, the WAFP has already taken positions on many health care-related bills. Since the last edition of
Inside the Capitol,
the Legislative Committee has recommended and the WAFP Board has agreed to
support
the following bills:
- AB 381: This legislation – tabbed the Tobacco-Free Families bill – would restore a portion of the 55% cut to Wisconsin’s tobacco prevention funding that was included in the last state budget. Under the bill, the discount tobacco distributors receive for collecting the state’s cigarette tax would we reduced, generating an additional $1.2 million in annual state tax revenue. The additional revenue would be used to fund state tobacco control and prevention programs.
Status: AB 381 referred to the Joint Finance Committee.
- SB 313: Under this bill, beginning in the 2012-13 school year, all public, charter and private schools must follow the following requirements for food sold outside of federally reimbursed USDA meal programs: 1. No more than 30% of total calories can come from fat; 2. No more than 10% of total calories can come from saturated fat; 3. The consumption of fruits, vegetables and whole grains shall be encouraged; 4. Soft drinks and candy may not be sold in vending machines at any time
of the day on school grounds; 5. During school hours, only milk, water and 100% fruit juice may be sold on school grounds; and 6. Soft drinks and candy (not dispensed by a vending machine) can be sold on school grounds for sporting events, etc., but not until after the end of the school day.
In addition, SB 313 would require all public, charter and private schools to annually assess the physical fitness of students in grades 3 through 12. The assessment must include an evaluation of a student’s aerobic capacity based on pre-determined standards that consider both age and gender. The results of the physical assessment must be kept confidential, although parents would be provided with the results of their child’s assessment..
Status: SB 313 referred to the Senate Education Committee.
In addition to the bills listed above, please find a status report on legislation previously vetted by the Legislative Committee – including the Academy’s position on each bill:
- AB 44 / SB 80: This legislation would provide that any volunteer medical service provided by physicians at community clinics to low income individuals would be covered by the state’s medical liability insurance. Under the bill, a physician’s private medical liability insurance would not have to cover services provided under the volunteer program.
Status: AB 44 referred to Assembly Public Health Committee. Public hearing held on AB 44. AB 44 passed by Committee. SB 80 referred to Senate Health Committee. Public hearing held on SB 80. Passed by Committee. Passed by full Senate.
WAFP Position:
Support
- AB 76: This bill will require the Department of Health Services to provide living will forms and power of attorney for health care decisions forms to the Department of Transportation. It would also allow driver's license applicants to have their living will and/or health care power of attorney information added to their driver's license.
Status: Referred to Assembly Health Committee. Public hearing held. Passed by Committee on 7-4 vote.
WAFP Position:
Support
- AB 118 / SB 70: This legislation would require group and individual health insurance policies – at the policyholder’s request – to cover unmarried adult children up to the age of 26 under their parents’ policies. Under the proposal, the cost of coverage would be the same as other dependent coverage. (This bill is also included in the budget bill – AB 75)
Status: SB 70 referred to Senate Health Committee. Public hearing held on SB 70 (also included in the budget bill). AB 118 referred to Assembly Insurance Committee.
Note: The contents of this legislation were included in and passed as part of the 2009-11 state budget bill recently signed by Governor Doyle. It is now state law.
WAFP Position: Support
- SB 180: This bill would authorize the Psychology Examining Board to issue a certificate of prescriptive authority to licensed psychologists, allowing them to prescribe, distribute, and administer drugs to treat disorders related to psychology. To qualify for certification, a psychologist must complete educational requirements, supervised practice and pass an examination established by the Board.
Status: Referred to Senate Health Committee.
WAFP Position: Oppose
- SB 181 / AB 253: This bill would implement a statewide smoking ban in all public places and workplaces.
Status: SB 181 referred to Senate Health Committee. Public hearing held on SB 181. SB 181 passed by Committee. SB 181 passed by full Senate. AB 253 referred to Assembly Health Committee. Public hearing held on AB 253. AB 253 passed by Committee. AB 253 laid on table. SB181 taken-up and passed by full Assembly.
SB 181 signed into law by Governor Doyle on May 18, 2009 as 2009 WI Act 12 and goes into effect on July 5, 2010.
WAFP Position:
Support
- SB 198 / AB 272: This bill would expand the current drug repository program, which authorizes the donation and dispensing of unopened cancer (and other chronic disease) drugs to the uninsured, to include all other prescription medications – excluding controlled substances.
Status: SB 198 referred to Senate Health Committee. Public hearing held on SB 198. Passed by Committee. Passed by full Senate. AB 272 referred to Assembly Public Health Committee. Public hearing held on AB 272. Passed by Committee.
WAFP Position:
Support
- SB 203 / AB 291: This bill would allow a parent to recover for loss of society and companionship if the parent’s adult child dies as the result of medical malpractice. Additionally, it would allow an adult child to recover for loss of society and companionship if their parent dies as the result of medical malpractice.
Status: SB 203 referred to Senate Judiciary Committee. Public hearing held on SB 203. Passed by Committee. AB 291 referred to Assembly Judiciary Committee. Public hearing held on AB 291. Passed by Committee.
WAFP Position: Oppose
- AJR 16 / SJR 10: This proposed amendment to the Wisconsin Constitution would prohibit the transfer of money from segregated state funds and require segregated funds to be used solely for their original purpose. The amendment would protect the Injured Patients and Families Compensation Fund from future legislative “raids.”
Status: AJR 16 referred to Assembly Ways and Means Committee. SJR 10 referred to Senate Government Operations Committee
WAFP Position: Support
As the legislative session progresses, the WAFP Legislative Committee will continue to monitor newly introduced proposals that could impact Family Medicine and WAFP members. We will also continue to provide monthly legislative status reports in
Inside the Capitol.
In addition, you can track bills the WAFP is lobbying on by visiting the WI Government Accountability Board website.
Back to Top
BadgerCare-Plus for Childless Adults Suspended
Earlier this month the Doyle Administration suspended enrollment in BadgerCare-Plus, a new Medicaid program to provide health insurance to low-income childless adults. The suspension was ordered only three months after the program’s implementation due to higher than expected demand.
According to the Wisconsin Department of Health and Family Services, the state received 500 to 600 applications daily. Department officials estimate the program can afford to cover about 54,000 recipients. More than 60,000 applications had been received as of October 1. As a result, beginning on October 9, all new BadgerCare-Plus applicants are now added to a waiting list.
Governor Jim Doyle, who spearheaded the new program, has directed the Department to design a “bridge” plan that would provide basic health coverage to individuals on the waiting list. While the Department is still developing the plan and details are sparse, it will be required to be self-funded and won’t receive any taxpayer dollars.
The WAFP Government Affairs Team will provide members with more details on the BadgerCare-Plus waiting list “bridge” plan once they are released by the Department of Health Services.
Back to Top
|
