OHA Advocacy Network

Advocacy Report • Monday, October 29, 2007

Legislation Heard by Committees Last Week

Nurse Staffing Legislation Receives First Hearing

The House Health Committee last week heard testimony on the legislation, which was crafted earlier this year by the OHA, the Ohio Organization of Nurse Executives and the Ohio Nurses Association. House Bill 346 would require hospitals to create a nurse staffing plan, taking into account a number of considerations such as evidence-based standards established by accrediting organizations. It would require hospitals to convene a nursing care committee, comprised of significant representation of direct care nurses, which would make recommendations for the nursing staff plan. HB 346 would also require the hospital’s chief nursing officer to establish a mechanism to obtain input regarding staffing from all direct care nurses working in inpatient units.

Bill sponsor Rep. Jim Hughes (R-Columbus) gave sponsor testimony last Wednesday on the legislation, and a second hearing for proponents of the bill is tentatively scheduled for Nov. 7. OHA is working with OONE, an OHA-affiliated society, to host regional meetings with legislators on House Health Committee in the coming weeks.

For additional information on HB 346, including a white paper on safe nurse staffing, which was adopted by the OHA Board and incorporated into the legislation, visit www.ohanet.org/advocacy/state/issues/nursestaffing.htm.(Jeff Klingler, jeffk@ohanet.org)

Cincinnati Hospitals Testify on Electricity Bill

Hospitals voiced their perspective on Senate Bill 221’s proposed restructuring of Ohio’s electricity market in Senate Energy and Public Utilities Committee last week. As a member of the Greater Cincinnati Hospital Council’s Utility Committee, Thomas E. Kinman, vice president of facilities at Children’s Hospital Medical Center in Cincinnati, outlined the group’s suggested legislative changes to ensure hospitals have a robust electrical power supply to provide patients with high quality, safe and cost-effective care. Suggestions include:

Assure hospitals have the right to use their existing and future generating capabilities to sell metered power to utilities at fair market prices and assist utilities with supplying reliable power to the community during times of peak consumption;
Establish clear requirements for reliable secondary power supplies without excessive standby charges;
Acknowledge the critical and unique role of hospitals in community disaster and preparedness response; and
Ensure that SB 221 improves the environmental impact of electric power generation and distribution.

Kinman noted that while the average unit cost of electricity for Children’s increased by 50 percent, the reliability of power declined over the last three years. He also outlined the Joint Commission’s plans to implement in 2008 new Emergency Management Standards that will require hospitals to have a plan to “Stand Alone” for 96 hours with no community support, including electric power.

Kinman’s testimony is consistent with OHA’s earlier testimony before the committee and a recent letter to the editor from OHA President & CEO Jim Castle printed in the Columbus Dispatch. As a member of the Ohio Coalition for Affordable Power, OHA is very engaged on this issue. Read Kinman’s and OHA’s full testimonies on the OHA Web site. (Bridget Gargan, bridgetg@ohanet.org, Rick Sites, ricks@ohanet.org)

Senate Considers Health Plan Credentialing, Contracting Bill

Senate Judiciary – Civil Justice Committee last week held its first hearing on House Bill 125, legislation requiring certain uniform contracting and credentialing standards between health plans and providers, including hospitals. Bill sponsor Rep. Matt Huffman (R-Lima) testified that his bill would offer clarity and transparency to medical contracting and credentialing, by elevating administrative paperwork. Tim Maglione, senior director of government relations for the Ohio State Medical Association (OSMA), testified in support of the legislation explaining the administrative demands put on doctors by health insurance companies. Maglione also voiced support of the two year prohibition on “most favored payer” clauses. The committee also heard testimony from Dr. David Colombo on behalf of the OSMA. Dr. Colombo also testified to the time and resources doctors spend on administrative hassles when it could be better directed toward caring for patients. (Jeff Klingler, jeffk@ohanet.org)

House Health Considers Maternity Licensure

House Health Committee heard hospital testimony last week on House Bill 331, legislation to better define maternity licensure for the state of Ohio hospitals. Kleia R. Luckner, Administrative Director for Women’s Services at The Toledo Hospital, testified that HB 331 will enhance maternal and newborn care by reforming and modernizing maternity licensure in Ohio. She expressed her frustration of the amount of time and money spent on preparing for the reapplication of licensure, resources that could be put towards patient care. HB 331 would move licensure from an annual survey to one every three years, providing for significant time savings for busy medical, nursing and hospital staff. Additionally, the legislation would:

· repeal current law governing maternity hospitals, lying-in hospitals, and places where women are received and cared for during partuition and replaces it with law providing for the licensure and regulation of "maternity homes" and "facilities in which obstetric and newborn care is offered."

· prohibit a person from operating a maternity home or facility in which obstetric and newborn care is offered unless the person has a valid license issued by the Department of Health.

· establish licensure application and pre-licensure inspection processes for persons seeking to operate maternity homes or facilities in which obstetric and newborn care is offered.

· permit the Director of Health to conduct scheduled or random inspections of licensed homes and facilities as the Director considers necessary as part of the Director's responsibility to monitor compliance with the bill.

· permit the Director of Health to impose civil penalties, pursue disciplinary action, or seek an injunction against a person who does not comply with the bill.

· permit a person operating a maternity home or facility in which obstetric or newborn care is offered pursuant to a license issued under current law to continuing operating under that license until it expires or is revoked.

· create the Maternity and Newborn Advisory Council in the Department of Health and specifies the Council's responsibilities.

· require the Public Health Council to adopt rules, as the Council considers necessary, to implement the bill.

(Bridget Gargan, bridgetg@ohanet.org)

Proposed Licensure of Radiology Technicians

Legislation creating licensure requirements for radiologist assistants received its first hearing last week in Senate Health, Human Services and Aging Committee. Senate Bill 229, introduced earlier this month by Sen. Randy Gardner (R-Bowling Green), would also authorize a licensed radiologist assistant to perform certain radiologic procedures under the direct supervision of a physician specializing in radiology. OHA is reviewing the bill, using the OHA Principles for Licensing Healthcare Workers. (Jeff Klingler, jeffk@ohanet.org)

SB 120 - Update on Progress/Meetings

OHA staff is working to meet the direction given by Senate President Bill Harris (R-Ashland) to a group of hospital CEOs last month regarding Senate Bill 120, which would require hospitals to operate a 24/7 emergency department. Harris told the CEOs that if the Senate Health, Human Services and Aging Committee, which is considering the bill, voted to support the bill he would schedule it for a full vote of the Ohio Senate if there are enough affirmative votes from the 33 members of the Senate.

Throughout October OHA has been coordinating meetings and phone calls for hospital CEOs and hospital boards of trustees who are in key Senate districts to urge legislators to support SB 120. The effort is aimed at senator’s that have not declared a position on the bill. The districts include:

· John Carey (R-Welton)

· Gary Cates (R-West Chester)

· Larry Mumper (R-Marion)

· Tim Niehaus (R-New Righland)

· Tim Schaffer (R-Lancaster)

· Robert Schuler (R-Sycamore Township)

On the national level, Congress is likely to continue debates through January on removing the whole hospital exemption. (Bridget Gargan, bridgetg@ohanet.org, Reed Fraley, reedf@ohanet.org)

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Direct questions on OHA’s advocacy agenda to:

Bridget Gargan, Vice President, State Policy & Advocacy (bridgetg@ohanet.org)

Jeff Klingler, Director, State Policy & Advocacy (jeffk@ohanet.org)

Jean Scholz, RN, Director, Health Policy (jeans@ohanet.org)

Rick Sites, General Counsel (ricks@ohanet.org)

Stacey Conrad, Specialist, State Policy & Advocacy (staceyc@ohanet.org)

Jonathan Archey, Manager, Federal Relations (jonathana@ohanet.org)

Laura Landis, Executive Assistant, State Policy & Advocacy (laural@ohanet.org)