OHA Advocacy Network

Advocacy Report • Friday, January 18, 2008

Action for next week…

Wednesday

SB 221 – Energy Policy: House Public Utilities, Room 313 at 10 a.m. (8^th Hearing – Invited testimony on constitutional components and concerns)

HB 125 - Physician Credentialing, Managed Care Contracting: Senate Judiciary – Civil Justice, Room 110 at 10:30 a.m. (7^th Hearing – All testimony)

HB 355 – Medicaid Fraud: House Civil and Commercial Law, Room 122 at 2:30 p.m. (4^th Hearing – All testimony)

HB 144 – Nurses Month: Senate Health, Human Services and Aging, South Hearing Room at 2:30 p.m. (1^st Hearing – Sponsor testimony)

HB 346 – Nurse Staffing: House Health, Room 116 at 4 p.m. (4^th Hearing – No testimony, possible substitute)

OHA Continues to Pursue Passage of 24/7 ED Legislation

OHA is currently educating members of the senate on a substitute version of Senate Bill 120. This most recent version includes the requirement that all new hospitals include 24/7 emergency departments, but would allow for an exemption from the bill’s requirement a department, remote location or satellite facility of a hospital if all of the following conditions are met:

§ The hospital itself meets the requirement;

§ The department, remote location or satellite facility is “provider-based” for the purpose of

Medicare payments or is otherwise operated under the same Medicare certification and

provider number as the hospital;

§ The department, remote location or satellite facility is accredited and its accreditation is

included under the hospital’s accreditation; and

§ The department, remote location or satellite facility has policies and procedures in place that address appraisal, initial treatment and referral of patients with a need for emergency care.

This exemption would make Sub. SB 120 consistent with current federal Medicare law and regulation, and with Joint Commission accreditation standards that recognize these provider-based entities. It also preserves the hospital’s ability to meet community need by sponsoring hospital-based programs via remote location and satellite facilities, while ensuring hospital departments, remote location and satellite facilities provide necessary appraisal, initial treatment and patient referral for emergency treatment. A comparison document is available on OHA’s limited-service hospitals Web site. Talking points on SB 120 are available at http://www.ohanet.org/pr/talking_points/specialty.doc. (Bridget Gargan, bridgetg@ohanet.org; Reed Fraley, reedf@ohanet.org)

OHA to Testify on Medicaid Fraud Legislation

On behalf of OHA, Diane Signoracci, an attorney with extensive experience representing hospitals on False Claims issues, will offer opponent testimony on legislation designed to combat Medicaid fraud. House Bill 355, sponsored by Rep. Jim Hughes (R-Columbus), would provide for the recovery of damages and civil penalties for defrauding the state of money, property or services in relation to the Medicaid Program. The legislation is backed by the Ohio Association for Justice (formerly the Ohio Academy of Trail Attorneys).

Signoracci will testify on Wednesday, Jan. 23, before the House Civil and Commercial Law Committee .

While OHA is committed to fighting fraud in the Medicaid program and applauds any attempt to eliminate fraud, waste and abuse, many of the proposals of HB 355 as introduced fail to accomplish that goal and instead create an over-reaching burdensome system that adds cost to the health care system. OHA outlined concerns in a letter to House Civil and Commercial Law chairman Rep. Scott Oelslager (R-North Canton) including:

§ The legislation is duplicative of existing federal and state laws;

§ The qui tam provisions of the bill only serve to benefit the private attorneys who litigate these cases;

§ The false claims act is an inappropriate tool for pursuing health care billing errors; and

§ The legislation does not adequately distinguish between mistakes and dishonesty.

In response, Ohio Attorney General Marc Dann sent a letter to Rep. Oelslager in support of HB 355, strongly disagreeing with OHA’s concerns. OHA will reiterate its’ concerns to the committee next during its testimony. (Bridget Gargan, bridgetg@ohanet.org; Mary Gallagher, maryg@ohanet.org)

House Health Committee Considers Grieving Parents Act

Sub. SB 175, addressing medical situations where fetal death has occurred prior to 20 weeks gestation, is currently being heard in the House Health Committee. Substitute legislation was passed by the full Senate last fall. The substitute bill would require hospitals to notify a woman who presents herself at a hospital as a result of a fetal death prior to 20 weeks gestation with information about the hospital procedure for disposing of the product of human conception as well as the right of the woman to apply for a fetal death certificate. Current law does not authorize either death certificates or burial permits for fetal deaths occurring prior to the 20th week of gestation, although some parties ignore existing law in order to accommodate the wishes of the grieving woman or family.

OHA has discussed the bill with its Maternity Licensure Task Force and is working with House Health Committee Chairman John White to work out some ambiguities. Notable changes requested by OHA in the sub bill include immunity for a hospital, hospital employee or physician from civil or criminal liability or professional disciplinary action with regard to any action taken in good faith to comply with the bill. The bill also provides no requirement that the hospital or doctor give fetal remains to the mother. If enacted, it is expected hospitals will develop policies and procedures to address communication to the woman of the required information as well as disposition of fetal death remains. Some hospitals are known to already have such practices in place. House Health Committee continues to hear testimony on SB 175 and is expected to vote on the legislation early this year. (Bridget Gargan, bridgetg@ohanet.org; Rick Sites, ricks@ohanet.org)

PATH Grant Program Receives Sponsor Testimony

Sen. Kevin Coughlin (R-Cuyahoga Falls) offered sponsor testimony to the Senate Finance and Financial Institutions Committee Tuesday in support of Senate Bill 251, legislation that would help provide health care coverage to uninsured Ohioans. The legislation, known as the PATH (Piloting Access to Healthcare) grant program, would provide $10 million in state grants to spark locally-focused solutions to help cover Ohio’s 1.5 million uninsured. These grants would provide start-up dollars to local communities that develop a healthcare plan based on two successful models: the Access Health program in Muskegon, Michigan, and the CareNet program in Toledo, Ohio. OHA is reviewing the legislation and will process the bill with the appropriate OHA committees. (Bridget Gargan, bridgetg@ohanet.org)

Advocacy Reference Tool

Updated information on the governor’s policy team areas of responsibility is now available at http://www.ohanet.org/advocacy/state/resources/governorspolicyteam.pdf

Not a Member of the Advocacy Network?

Being a member of the OHA Advocacy Network provides you access to information on government activity and assists the hospital industry in sending unified messages to elected officials. If you are not a current member, you can easily join on-line. Join today to start reaping the benefits of being a member of the OHA Advocacy Network.

The OHA Advocacy Network is a service of the Ohio Hospital Association, 155 E. Broad St., Columbus, OH 43215-3620, 614-221-7614, 614-221-4771 (fax)

Visit us on the Web at: www.ohanet.org

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, Manager, State Policy & Advocacy (staceyc@ohanet.org)

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

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