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Monday,
September 22, 2003
Ongoing negotiations between union and nonprofit organizations and the drug industry culminated in last week’s unveiling of Ohio’s Best Rx, a discount drug plan for Ohioans 60 and over and others without prescription coverage. The reform would offer predicted discounts of 25-40 percent to approximately 2 million Ohioans.
With input from all parties, the program represents an innovative effort to address the issue of Ohioans without access to pharmaceuticals. To ensure adequate funding, Ohio Best Rx requires that manufacturer rebates go to the program instead of pharmacy benefits managers, and every prescription drug with a manufacturer rebate will be offered. All Ohio residents 60 and over would be eligible for the program, regardless of income. Ohioans under 60 who are not eligible for prescription drug coverage through other insurance or government assistance programs would also be eligible to receive Ohio Best Rx benefits. The Ohio Department of Job and Family Services would administer the program.
Ohio Best Rx now goes to the Ohio General Assembly for a final verdict. (Berna Bell, bernab@ohanet.org)
OHA Turns Up Heat on Pollution Prevention
In just three days OHA helped remove 130 mercury thermometers from Ohio
households. As part of National Pollution Prevention Week, traditionally
the third week of September, OHA held a free mercury thermometer
exchange in which 76 individuals turned over mercury thermometers for
free digital thermometers. The digital thermometers were provided by
Fisher Titus Medical Center, Norwalk, and Middletown Regional Hospital,
which have separately conducted their own thermometer exchanges.
Removing mercury thermometers from the home can eliminate a primary source of exposure-broken thermometers. Mercury has proven hazardous to family health and the environment and can cause damage to the nervous system, liver and kidneys in young children. For more about pollution prevention, visit OHA’s Hospital Pollution Prevention Initiative at www.ohanet.org/p2/. (Susan Zabo, susanz@ohanet.org)
Tuesday, September 23, 2003
Legislation passed this summer that will permit the execution of a Declaration for Mental Health Treatment becomes effective on Oct. 29.
House Bill 72, sponsored by Rep. Scott Oelslager (R-Canton), provides that adults with adequate capacity to make voluntary mental health treatment decisions may execute a declaration governing the use, continuation or withholding of his or her mental health treatment. The patient can designate a proxy, similar to a health care power of attorney, to make decisions based on the declaration and can designate a physician as responsible for his or her mental health treatment.
A declaration does not apply in the event of an emergency admission or civil commitment, and hospitals or physicians named in a declaration may notify the declarant or his or her proxy and note such in the medical record if unwilling to comply. Hospitals and providers acting in good faith are not subject to criminal prosecution or civil damages if a declaration is later determined to be invalid, but providers should document any actions taken relative to a declaration. Watch for further updates once the state puts the new law into operation. (Berna Bell, bernab@ohanet.org)
UHHS Announces St. Michael Closure
University Hospital Health Systems (UHHS), Cleveland, last week
announced the planned closure of St. Michael Hospital. After nearly
shutting down in 2000, at which time UHHS bought the hospital, St.
Michael will close its doors in December because of declining patient
volume and mounting operating losses. Hospital administrators are
working to ensure the community maintains access to health services and
help find employment for the approximately 400 hospital employees. St.
Michael is the only hospital to close in Ohio this year, bringing the
total number of Ohio closures since 2000 to 14.
Wednesday,
September 24, 2003
OHA Weighs In on Supervisor Definition
OHA has filed an amicus curiae brief with the National Labor
Relations Board (NLRB) in a series of cases interpreting the definition
of "supervisor" under the National Labor Relations Act.
At issue is whether certain employees such as charge nurses exercise independent judgment in performing their jobs and therefore are classified as supervisors - and ineligible to join labor unions. The NLRB's previous interpretation determining that charge nurses are not supervisors was struck down by the U.S. Supreme Court in NLRB v. Kentucky River, 532 U.S. 706 (2001). The NLRB invited interested parties to submit briefs to assist in the NLRB's analysis. OHA believes nurses and other health care professionals fill supervisory roles and exercise independent judgment in a variety of tasks critical to the health care delivery system. An ordinary reading of the "independent judgment" standard of the National Labor Relations Act supports the finding that charge nurses may be supervisors.
OHA joins fellow amici the U.S. Chamber of Commerce and the Society of Human Resource Management (SHRM) in filing the brief, prepared by national labor law expert G. Roger King of the law firm Jones, Day. The brief is available online at www.ohanet.org/laborlaw/NLRBamicus.pdf. (Mary Gallagher, maryg@ohanet.org)
Thursday,
September 25, 2003
The Centers for Medicare and Medicaid Services (CMS) this week announced it will accept non-compliant electronic transactions after the Oct. 16 compliance deadline for the Health Insurance Portability and Accountability Act’s (HIPAA) transactions standards. Hospitals will have additional time to address problems and successfully convert to the new transactions standards and CMS will make arrangements to continue payments to providers.
The contingency plan will help ensure the ongoing process of claims from providers not yet able to comply with the new standards. Thousands of providers nationwide that may not have met the original deadline will continue to receive payment through this plan. For more information on HIPAA and how it affects Ohio’s hospitals, visit www.bricker.com/hipaa/. (Charles Cataline, charlesc@ohanet.org)
Center for Education
Don’t miss Documenting Hospital and Medical Staff Meetings on
Oct. 16. Hospital associates working in medical staff offices,
clinical department representatives, and those responsible for recording
actions of quality improvement and safety committees will learn about
Joint Commission on Accreditation of Healthcare Organizations’
requirements as well as significant legal considerations impacting
hospital documents. This seminar precedes the Oct. 17 Ohio Society for
Hospital Executive Assistants Fall Conference. Five continuing education
credits are available from NAMSS. Both sessions are at Quest Business
Center, Columbus. Visit
www.ohanet.org/education/education_programs.asp for registration
details.
Friday,
September 26, 2003
At its most recent meeting, the OHA Board of Trustees discussed several important health care issues, including freestanding cardiac catheterization labs, physician self-referral legislation, OHA’s new medical malpractice insurance company and health care reform.
Dr. J. Nick Baird, Ohio Department of Health (ODH) director, addressed OHA Board concerns with ODH’s pilot program allowing adult diagnostic cardiac catheterizations on low-risk patients in a freestanding setting. ODH has agreed to work with OHA to develop measures to evaluate the pilot program’s impact on quality, safety and cost.
OHA also updated the Board on a substitute version of House Bill 71, OHA's legislation intended to stop the proliferation of physician-owned, limited-service hospitals in Ohio, which now heads to the Senate. In the coming weeks, OHA will communicate specific advocacy efforts to hospitals to ensure OHA, hospital representatives and trustees and other community leaders continue advocacy efforts with the same intensity that was present during House deliberations. For more on HB 71, visit www.ohanet.org/advocacy/state/issues/conflict.htm.
The Board also heard updates on OHA’s new medical malpractice insurance company, created to help stabilize Ohio’s malpractice market. In August, the Board authorized OHA to use $10 million in reserves to capitalize the new company, with at least another $15 million in capital expected to come from hospital investments. Hospitals should be on the lookout for investment information. For more, visit www.ohanet.org/med-mal/.