Action Needed on Proposed Rules Governing Charitable Organizations

While OHA welcomed the news that the comment period for the Attorney General's proposed rules for governing charitable organizations has been extended from July 28 until Aug. 21, the need for immediate action remains. The draft rules would impose substantial disclosure, governance and operational requirements on all charitable organizations in Ohio, particularly tax-exempt hospitals. OHA is asking various membership committees to weigh in on the new rules, which include conflict of interest, executive and employee compensation, community benefit reporting, and billing and collection policies.

 

A coalition of non-profit groups, including OHA, met with Attorney General Jim Petro this week to share concerns with the rules and to outline the unintended consequences of the rules. OHA will meet again with Petro on August 9.

 

OHA anticipates the following timeline for the rule-making process:

 

June 29                      Proposed Rules Released

June 30 -- Aug. 21      Comment Period

Aug. 31                      Proposed Date for Filing Rules with JCARR, LSC and Secretary of State

Oct. 1 – Oct. 10           Attorney General Public Hearing

Oct. 10                       JCARR Hearing

Nov. 4                        JCARR Vote

Nov. 5                        Earliest Date Attorney General May Adopt Final Rules

Nov. 16                       Earliest Effective Date for Rules

 

Members are encouraged to submit written comments to the Attorney General by the new Aug. 21 deadline. OHA is collecting comments from members (as well as hospitals’ accounting firms and other partners) on specific examples of problems the rules would cause. OHA is also asking hospitals to contact their legislators and members of the Joint Committee on Agency Rule Review (JCARR) to express concern about the far reaching consequences of the rules. OHA has created resources, available at http://www.ohanet.org/advocacy/state/issues/charitable.htm, to assist members in communicating with members of the legislature. Please share copies of letters and comments with Mary Gallagher, OHA’s vice president and general counsel, at maryg@ohanet.org.      

 

 

OHA Will Not Oppose BWC-Proposed Inpatient Medicare Rates

After much discussion and negotiation between OHA and the Bureau of Workers’ Compensation, the OHA Finance Committee has endorsed an OHA staff recommendation to not oppose the Medicare plus 15 percent inpatient payment rate proposed by the bureau. The committee came to this decision after receiving BWC’s commitment to continued collaboration with OHA in putting the new payment system into practice, and assurances from the bureau that hospitals will receive true Medicare payments plus at least 15 percent. (See more on OHA’s definition of true Medicare) OHA will testify formally at the bureau’s public hearing Monday, July 24. BWC also recently released a request for proposals to begin work on the outpatient payment system but nothing will be proposed until mid 2007.

 

 

OHA Testifies at Public Hearing on HCAP Rules

OHA testified this week in support of proposed rules for the 2006 Hospital Care Assurance Program (HCAP) distribution formula at a public hearing held by the Ohio Department of Job and Family Services (ODJFS).  Each year, OHA determines whether to recommend changes for the HCAP distribution to ODJFS.  For 2006, the OHA Board of Trustees recommended two changes to the formula, and the proposed rules reflect those recommendations.  The rules now head to the Joint Committee on Agency Rule Review for final approval in August.  A copy of OHA’s testimony is available at http://www.ohanet.org/hcap/. (Ryan Biles, ryanb@ohanet.org)

 

 

Hospital Transparency Bill Still Awaits Governor's Signature

The Ohio General Assembly in late May gave final approval to House Bill 197, legislation requiring hospitals to submit additional pricing and quality information to the state health department; however Gov. Bob Taft has yet to sign the bill. The governor's office has indicated that it is coordinating a formal bill signing and potential press conference in early August for the governor's action on the legislation, indicating a high level of importance in the eyes of the administration.

 

HB 197, sponsored by Rep. Jim Raussen (R-Cincinnati), will require the health department to post the additional pricing and quality information on a public Website so that consumers can access it to make more informed health care decisions. In addition to average charges, average length of stay and volume for hospitals' top inpatient procedures, which hospitals have been reporting since the late 1980s, hospitals will also report average charges and volume for their top outpatient procedures. The health director will choose new quality measures which are to be submitted by hospitals from a pool of existing quality measures, specifically those developed by the Centers for Medicare and Medicaid Services, the Joint Commission on Accreditation of Healthcare Organizations, the Agency for Healthcare Research and Quality and limited measures from the National Quality Forum.

 

If the legislation is indeed signed by the governor in early August, the bill's provisions will take effect in early October. The following is a timeline for some of the new requirements under the bill:

·         In early October, hospitals will be required to post on their Web sites a price information sheet listing room and board charges, and other charges such as x-ray and lab procedures and emergency room and delivery room services. For years, hospitals have been required to develop this price list and make it available to patients upon request. The new law merely requires that the list be posted on hospitals’ Web sites.

·         In April 2007, hospitals will be required to submit the quality indicators chosen by the director.

·         In May 2007, hospitals will be required to submit the inpatient and outpatient charges, length of stay and volume information.

  

HB 197 was debated by lawmakers for nearly two years. After obtaining numerous amendments, OHA offered its support of the bill's provisions. OHA will produce a more detailed member bulletin in once the governor signs the bill. For more information on the issue of public disclosure, visit http://www.ohanet.org/advocacy/state/issues/public_disclosure.htm. (Jeff Klingler, jeffk@ohanet.org)

 

 

Over 60 Hospitals Endorse SmokeFreeOhio

As we approach July 31, the period of time for petitions to be filed with the Ohio Secretary of State to get SmokeFreeOhio on the November 7 ballot comes to an end.  SmokeFreeOhio is a campaign supported by the American Cancer Society in collaboration with OHA and many other supporting organizations to create smoke-free public places and workplaces in the state of Ohio.

 

Ohio hospitals have jumped on board to help with signature collection, and also have lent their support of the campaign by signing on as endorsers.  To date, over 60 hospitals have joined in support, including OhioHealth, The Cleveland Clinic and TriHealth.  OHA would like to encourage your hospital to join on as an endorser by having your Board of Trustees pass a resolution in support of SmokeFreeOhio.  For more information about SmokeFreeOhio and to see a list of endorsing organizations, visit www.SmokeFreeOhio.org. (Stacey Conrad, staceyc@ohanet.org)

 

 

Save The Date

OHA will host an inaugural statewide conference of the Ohio Council of Teaching Hospitals: Stemming the Crisis in Ohio GME: Uniting to Lead the Way Friday, Oct. 6. Mark the date and look for details in the coming weeks. (Jonathan Archey, jonathana@ohanet.org)

 

 

OHA Advocacy “In the Know”

This is a new section to the OHA Advocacy Report, in which we will provide you with information to help make you an effective advocate for your hospital.

Do you ever have trouble motivating your employees to get involved in the political process?  Many times people don’t get involved because they don’t understand how the legislature works.  This comprehensive handbook, provided by the Ohio Legislative Service Commission could serve as a valuable resource when educating about the Ohio legislative process. 

 http://www.lsc.state.oh.us/guidebook/index.html

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