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I Know What You Did Last Session Blayne Miley, JD ◦ ISNA Director of Policy & Advocacy ◦ Adjunct Professor, Indiana State University ◦

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Presentation on theme: "I Know What You Did Last Session Blayne Miley, JD ◦ ISNA Director of Policy & Advocacy ◦ Adjunct Professor, Indiana State University ◦"— Presentation transcript:

1 I Know What You Did Last Session Blayne Miley, JD ◦ ISNA Director of Policy & Advocacy ◦ Adjunct Professor, Indiana State University ◦ bmiley@indiananurses.org

2 2016 Indiana General Assembly Convened Jan 5 – Mar 10 831 Bills Introduced ◦ 217 Passed by General Assembly to the Governor ◦ 215 Signed Into Law ◦ 2 Vetoed – College Cop Records & Limit on Environmental Regulations 2017 Session Will Be a Budget Year Interim Study Committees Will Meet This Summer

3 Medical Malpractice Act Reform Cap on Damages Increased ◦ Currently $1.25 million total  $250,000 from provider, rest from patient compensation fund ◦ Reform to $1.65 million effective 7/1/17, then $1.8 million 7/1/19  $400,000 from provider effective 7/1/17, then $500,000 on 7/1/19 ◦ Provider amount = amount of professional liability insurance Medical Review Panel Stays the Same ◦ Current exception if damages sought < $15,000 ◦ Reform proposal to $35,000 removed by amendment Resurrected by stripping the content of SB 28 (privacy fences) and inserting pieces of SB 152

4 Palliative Care Council Establishes the Palliative Care and Quality of Life Advisory Counsel – SB 272 ◦ Members appointed by the state health commissioner ◦ Must include a member representing nursing ◦ At least two members must be a physician or nurse specialized in hospice and palliative care Purpose is to: ◦ Educate the public, healthcare providers, and healthcare facilities ◦ Develop initiatives ◦ Make policy recommendations

5 Other Advisory Councils Medicaid Advisory Committee ◦ http://www.in.gov/fssa/ompp/4882.htm ◦ Stakeholder input to FSSA Attorney General’s Prescription Drug Abuse Prevention Task Force ◦ http://www.in.gov/bitterpill/about.html Governor’s Task Force on Drug Enforcement, Treatment, and Prevention ◦ http://www.in.gov/gtfdetp/ Governor’s Health Workforce Council ◦ http://www.in.gov/dwd/ghwc.htm ◦ Taskforces on (1) Education/Pipeline/Training and ◦ (2) Mental/Behavioral Health

6 Ephedrine/Pseudo Restrict sale to reduce production of meth Passed: stop sale for anyone with a drug-related felony in the last 7 years - SB 161, HB 1157 Passed: must meet one of the paths to purchase - SB 80 ◦ Consumer is a patient of record with the pharmacy ◦ Pharmacist determines there is a legitimate need ◦ Purchase only 720mg of 30mg tablets ◦ Purchase an extraction resistant form of ephedrine ◦ Get a prescription Failed: make ephedrine a schedule III controlled substance - SB 237, HB 1390

7 Prescribing Allows telemedicine prescribing for non-controlled substances - HB 1263 ◦ Requires audio & visual or store & forward technology Felony to prescribe a controlled substance without a medical purpose - SB 174 ◦ Originally applied to administer/provide outside scope of practice Standing orders for overdose intervention drugs - SB 187 ◦ From ISDH to Pharmacies ◦ Making Narcan as close to OTC as possible Opioid Restrictions - SB 214 & SB 297 ◦ No Medicaid for buprenorphine prescribed for pain ◦ Opioid treatment providers must drug test & limit take home ◦ Methadone clinics must comply with Medicaid regulations ◦ Medicaid coverage for inpatient detox

8 Health Insurer Regulations Regulating step therapy protocols – SB 41 ◦ Limits insurer policies to make them more consumer-friendly ◦ Provider may apply for exception to the protocols to bypass try and fail ◦ Insurer still has final say over exceptions Claim Denial Information – SB 30 ◦ Requires Dept. of Insurance to post info on consumer grievance procedures ◦ Requires insurers to include that website in info provided to consumers whenever policy is issued/renewed and when claim denied ◦ Requires Dept. of Insurance to report to the General Assembly if there is a pattern of denials of coverage  Catalyst = investigatory/experimental denials  Initial version required insurers to report denials

9 APN’s and Mental Health Medicaid reimbursement and treatment plan supervision for NPs and CNSs in CMHCs – HB 1347 ◦ Practice agreement requirement added by amendment changes practice agreement content requirements for APNs in CMHCs ◦ Also requires reimbursement for clinical addiction counselors and grad-level interns Governing entity of state institutions can grant the same privileges as the governing board of a private hospital – SB 206 ◦ In preparation of new state hospital at Community East opening in 2018

10 Hospital Employee Immunizations Did not pass - SB 162 Mandatory for all employees/contractors with direct patient contact ◦ (1) Influenza, (2) Varicella, (3) measles, mumps, rubella, (4) tetanus, diptheria, and pertussis Exceptions: ◦ Already immunized – requires documentation from your healthcare provider & hospital can overrule them ◦ Medically contraindicated ◦ Religious belief – hospital can determine whether your religion actually prohibits immunizations Hospital has immunity for any wrongful discipline/termination House amended to interim study committee, then bill died in conference committee

11 Questions? bmiley@indiananurses.org @IndianaNurses Indiana State Nurses Association Sequel next year


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