Although ‘Right to Work (RTW)’ is all you may be hearing about on the news, there are plenty of health bills being debated as the Indiana General Assembly heads into the last days of January. The delays because of RTW differences may ultimately cause many health bills to die.
This week both the House and Senate are finishing committee hearings. Now until the end of the month is normally a busy time for the legislature as Representatives and Senators work to get their bills heard or passed out of committees. Bills must be heard a committee and then be passed out of their house of origin by January 31st for the bill to continue on in the legislative process. Deadlines are tight this year, as it is a short session, the General Assembly must adjourn on or before March 14th, 2012.
The IAFP Commission on Legislative and Governmental Affairs (COL) met on January 17th to discuss the introduced health related legislation and determine the appropriate Academy action. The IAFP COL is comprised of family physicians from around the state with an interest in policy and who volunteer for the commission.
Below is the breakdown of key health legislation of which Family Physicians should be aware. If you have questions on IAFP advocacy, or are interested in participating in IAFP advocacy please contact Meredith Edwards or Doug Kinser, JD at 317-237-4237 or medwards@in-afp.org.
Collection of Medicaid Spend Down (House Bill 1351)
The IAFP is supporting this bill authored by respiratory therapist Representative Ron Bacon. The bill would allow physicians and other providers to collect remaining balances of a patient’s Medicaid Spend Down at the time of service if the provider would like to. Currently only pharmacists can collect at the time of service. The bill has not yet been heard in committee.
Dispensing of Prescription Drugs (Senate Bill 334)
Senator Ron Grooms authored SB 334 which would allow a pharmacist to dispense a 90 day supply of medication – if the prescription includes at least 90 days of medication within script (including refills). The pharmacist would be able to do this without notifying the patient’s physician. The IAFP testified in opposition to this bill when it was heard in committee, citing many reasons why physicians may want a prescription to be refilled by the patient in shorter intervals. The Senate Health and Provider Services committee has yet to vote the bill out of committee.
Physician Scope of Treatment Forms (House Bill 1114)
This legislation authored by Representative Tim Brown, who is also a physician and chair of the Public Health committee, would create a legal and medical form on which patients could express their wishes for end of life care. The form acts as an expanded “Do Not Resuscitate Order”. Patients can express whether they want interventions like antibiotics, ventilation, and nutrition. Then a physician signs the form and it becomes a legal medical order. Unlike living wills these so called POST forms can be followed by EMS, nursing homes, and hospitals. Thirteen other states have made this form legal – including North Carolina, New York, Pennsylvania, Tennessee, and West Virginia. The IAFP testified in support of this legislation at its committee hearing and continues to work on a coalition of other organizations working to perfect the legislation. For more information on POST see this fact sheet.
Self Donated Blood (House Bill 1216)
Current law is opaque on whether patients with HIV or other infectious diseases can donate blood for their own use for surgeries. This bill, authored by Representative Cindy Kirchofer would clarify Indiana law and make it clearly legal. The IAFP is supportive of this legislation and IAFP member Topper Doehring, MD testified at the committee hearing for the bill. The bill has passed out of committee and is awaiting a full vote of the House.
Smoking Ban in Public Places (House Bill 1149)
Representative Eric Turner is the author of this smokefree air legislation. Currently the bill would eliminate smoking in public places with the exception of cigar and hookah bars, private clubs (members would have to vote to allow smoking), and casino gaming floors. The IAFP is supporting this legislation; it has passed out of committee and is awaiting a full vote in the House.
Tobacco Self Service Displays (House Bill 1031)
The IAFP is opposing this legislation because it would move cigar and loose tobacco products out from behind the retail counter, where it could be easily accessed by youth. Representative Bob Cherry is the author of this legislation. The bill has been scheduled for a committee hearing for Wednesday January 25th and the IAFP plans to testify.
Various Scope of Practice Legislation
In 2012 we are seeing many of the same scope of practice expansions that we have opposed in the past three or more years. These include allowing pharmacists to provide the pneumonia vaccine through protocol (HB 1067), licensing non-nurse midwives with only limited training to provide home birth services (HB 1127), permitting physical therapists see patients for 30 days without the need for a physician referral (HB 1124), and expanding physician assistant’s scope of practice by removing all limitations on the location of supervising physician and removing the requirement of chart reviews after three years (HB 1142). ). Currently none of these scope of practice bills have been heard in committee.
