http://192.168.210.156/ Statescape XML en-us Tue 03 Nov 2009 03:19:51 GMT Tue 03 Nov 2009 03:19:51 GMT http://192.168.210.156/ http://192.168.210.156/ http://192.168.210.156/ 5 http://alisondb.legislature.state.al.us/acas/searchableinstruments/2009RS/PrintFiles/SB169-enr.pdfSB 169 extends professional liability coverage to eligible retired physicians and dentists while they are voluntarily serving free health care clinics.387643_1805387643Alabama1805Medical MalpracticeSB16920092009-74802/03/200906/28/200905/27/200905/15/2009Introducednew http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0118B&session=26HB 118 expands eligibility for medical assistance coverage by increasing the maximum income for disabled people, children and pregnant women from 175 percent of the federal poverty line to 200 or 250 percent of the federally established poverty line for Alaska. It also makes eligible children under 19 from families with incomes higher than 200 percent of the poverty level that certify they can't obtain private health insurance at a reasonable cost. These families must they pay premiums on a sliding scale, with those whose incomes exceed 300 percent of the Alaska poverty line paying the full cost to the state of the coverage.390464_4763390464Alaska4763Medicaid/SCHIP EligibilityHB1182009-201002/06/200908/31/200902/26/200902/25/2009Introducednew http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0025A&session=26HB 25 establishes the Alaska Health Reform Policy Commission, the primary purpose of which is to evaluate the state's health care needs, propose reforms and improve health care in Alaska. The 16-member Commission develops policy recommendations to improve individual access to health insurance and health care services, provided in an initial report describing a five-year strategic plan.370069_4767370069Alaska4767Purchasing PoolsHB252009-201001/20/200905/20/200901/21/200901/20/2009Introducednew http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0061A&session=26HB 61 expands eligibility for medical assistance for certain children and pregnant women by increasing the maximum family income from 175 to 200 percent of the federal poverty line for Alaska as defined by the United States Department of Health and Human Services.370196_4763370196Alaska4763Medicaid/SCHIP EligibilityHB612009-201001/20/200906/23/200901/21/200901/20/2009Introducednew http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0062A&session=26HB 62 expands eligibility for medical assistance coverage to people under 19 whose families have incomes between 175 and 250 percent of the federal poverty line, and requires that they pay contributions on a sliding scale. Benefits are guaranteed for 12 months after approval of an application even if an individual's eligibility changes.375488_4763375488Alaska4763Medicaid/SCHIP EligibilityHB622009-201001/20/200908/31/200901/21/200901/20/2009Introducednew http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=HB0075A&session=26HB 75 establishes the Alaska Health Commission to serve as the state's health care planning and coordinating body. It is charged with reviewing health care related issues in the state and making policy recommendations to the legislature and the executive branch, as well as developing a plan to address the quality, accessibility, and affordability of health care. The bill also requires health care facilities to report information on consumer costs, the insurance they accept, and the services they provide.375649_4767375649Alaska4767Purchasing PoolsHB752009-201001/20/200905/20/200901/21/200901/20/2009Introducednew http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0133Z&session=26SB 133 creates a secure statewide electronic health information exchange system to improve the coordination of information and the provision of health care services. The system will be interoperable and compliant with state and federal specifications and protocols and must meet the most stringent applicable federal or state privacy laws.405625_3064405625Alaska3064Health ITSB1332009-20102403/02/200905/20/200905/29/200908/05/200907/01/2009Introducednew http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0172A&session=26SB 172 establishes the Alaska Health Care Commission in the Department of Health and Social Services. The duties of the commission include the development of a state-wide health plan including reduction in health care costs by savings from health information technology.417836_3064417836Alaska3064Health ITSB1722009-201003/27/200905/20/200904/20/200904/18/2009Introducednew http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0061B&session=26SB 61 establishes the Alaska Health Care program for individuals and employers to ensure insurance coverage for essential health services for residents of the state. An employer is required to offer a health insurance plan that meets or exceeds coverage for essential health care services to all employees. It must enroll at least 25 percent of its employees or offer to pay at least 33 percent of the cost of the offered plan. If the employer does not provide such a plan, the employer must pay the department an amount based on the employer's annual gross payroll.375651_4762375651Alaska4762Individual MandateSB612009-201001/21/200905/20/200904/10/200904/09/2009Introducednew http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0061B&session=26SB 61 creates the Alaska Health care clearinghouse to administer the Alaska Health Care program and to provide information about health care insurance products available through the clearinghouse. The measure provides that a health care insurance plan offered through the Alaska health care clearinghouse may include a high deductible health plan.375651_4760375651Alaska4760High Deductible Health PlansSB612009-201001/21/200905/20/200904/10/200904/09/2009Introducednew http://www.azleg.gov/legtext/49leg/1r/bills/hb2307p.htmHB 2307 provides that employer or employee contributions to health savings accounts or health reimbursement arrangements, as well as incentives paid under wellness programs, are not counted as part of an individual's income for the purpose of assessing state income taxes. Contributions to employee HSAs are likewise deducted from a corporation's income. The bill also exempts insurers from premium taxes that would otherwise be applicable to high deductible health plans if they are issued in connection with an HSA.374294_4760374294Arizona4760High Deductible Health PlansHB2307200901/27/200905/20/200902/24/200907/01/2009Introducednew http://www.azleg.gov/legtext/49leg/1r/bills/hb2489p.htmHB 2489 provides that an employer group containing two or more eligible employees enrolled in the Healthcare Group state purchasing program for employers with two to 50 employees, may remain enrolled even if the number of eligible employees decreases to one.388708_4767388708Arizona4767Purchasing PoolsHB2489200902/10/200905/20/200902/12/200907/01/2009Introducednew http://www.azleg.gov/legtext/49leg/1r/bills/hb2491p.htmHB 2491 expands eligibility in the state healthcare group purchasing pool program to small businesses with just one employee rather than two. Small businesses are defined as those businesses with from one to 50 employees.388234_4767388234Arizona4767Purchasing PoolsHB2491200902/10/200905/20/200902/12/200907/01/2009Introducednew http://www.azleg.gov/legtext/49leg/1r/bills/hb2556p.htmHB 2556 requires that any federal monetary assistance for implementation of health information exchanges and electronic health records technology must be administered by the Arizona Health Care Cost Containment System Administration and supplement monies designated for those programs.391865_3064391865Arizona3064Health ITHB2556200902/19/200905/20/200902/24/200907/01/2009Introducednew http://www.azleg.gov/legtext/49leg/1r/bills/hb2641h.htmHB 2641 cuts eligibility for children's medical assistance, lowering the maximum family income from 200 percent of the federal poverty level to 150 percent. The change applies to applications received on or after Oct. 1, 2009.423765_4763423765Arizona4763Medicaid/SCHIP EligibilityHB2641200905/04/200908/31/200906/05/200907/01/2009Introducednew http://www.azleg.gov/legtext/49leg/1r/bills/sb1018s.htmSB 1018 limits provider liability by changing the burden of proof to "clear and convincing evidence" for civil actions brought against a health professional and a licensed hospital or its employees for acts or omissions in providing emergency medical care, including labor and delivery. This burden of proof does not apply to treatment if the patient has been seen regularly by a licensed health care provider from whom the patient's medical information is immediately available to the physicians attending the patient during labor and delivery.367591_1805367591Arizona1805Medical MalpracticeSB10182009110;01/12/200906/25/200907/14/200907/10/2009Introducednew http://www.azleg.gov/legtext/49leg/1r/bills/sb1357p.htmSB 1357 provides that any amount paid for health insurance premiums is tax deductible except amounts already paid on a pretax basis.386201_4768386201Arizona4768Refundable Tax CreditSB1357200902/02/200905/20/200906/09/200907/01/2009Introducednew http://www.arkleg.state.ar.us/assembly/2009/R/Acts/Act435.pdfHB 1700, in addition to making technical changes, expands access to the ARKids medical assistance program by increasing the maximum family income from 200 to 250 percent of the federal poverty level.404436_4763404436Arkansas4763Medicaid/SCHIP EligibilityHB1700200943502/27/200905/20/200903/20/200903/19/2009Introducednew http://www.arkleg.state.ar.us/assembly/2009/R/Bills/HB2088.pdfHB 2088 authorizes the Department of Insurance to adopt rules for the adminstration and regulation of physician profiling systems. It prohibits the results of a physician profiling program - including pay-for-performance programs - from being disclosed to the public or used for any network or reimbursement purpose unless the physician profiling program complies with state law and has been approved by an independent oversight entity.409952_4766409952Arkansas4766Physician P4PHB2088200903/09/200905/20/200904/01/200904/01/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_1051-1100/ab_1070_bill_20091011_chaptered.htmlAB 1070 expands reporting obligations of licensees, insurers providing professional liability insurance, and governmental agencies that self-insure, including the University of California. It requires that settlements, arbitration awards, or civil judgments be reported to the licensee's board if based on the licensee's alleged negligence, error, or omission in practice or in rendering unauthorized professional services.420377_1805420377California1805Medical MalpracticeAB10702009-201050502/27/200905/20/200910/13/200910/11/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_1051-1100/ab_1076_bill_20090911_amended_sen_v95.htmlAB 1076 amends the Medi-Cal program under which basic health care services are provided to qualified low-Income persons. Existing law requires the Department tof Health Care Services to apply for a waiver of federal law to test the efficacy of providing a disease management benefit, as described, to specified beneficiaries under the Medi-Cal program. This bill would add the designation of a primary care provider as a patient's medical home to the list of components that a disease management benefit would include for purposes of the waiver. Existing law authorizes the director, in conducting Medi-Cal acute care inpatient hospital utilization controls, to establish a program of aggressive case management of elective, nonemergency acute care hospital admissions. This bill would, if the director has established a program of aggressive case management, require the director, on or after July 1, 2010, to expand the program to include Medi-Cal beneficiaries who meet prescribed conditions.404833_968404833California968Disease ManagementAB10762009-201002/27/200905/20/200909/14/200909/11/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_1251-1300/ab_1269_bill_20091011_chaptered.htmlAB 1269 allows employed individuals with a disability who are eligible for benefits under the Medi-Cal program to continue benefits during a temporary period of unemployment. It requires a minimum premium of 5 percent of income, up to $200 per month, instead of allowing state officials to set a sliding scale.404845_4763404845California4763Medicaid/SCHIP EligibilityAB12692009-201028202/27/200908/31/200910/13/200910/11/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_1301-1350/ab_1314_bill_20090413_amended_asm_v98.htmlAB 1314, as amended April 13, 2009, replaces existing language with new language calling for a plan to enact comprehensive reforms to the California health care system and for recommendations for statutory changes necessary to implement the plan. The amended bill adds additional language to the original bill that calls for the developed plan to be implemented through a shared responsibility approach that includes contributions from individuals, employers, and the government. As introduced, the bill require the State Department of Health Care Services , no later than February 1, 2010, in consultation with the Legislature, to develop and submit an application to the federal Centers for Medicare and Medicaid Services for a waiver that would meet certain objectives, including, but not limited to, expanding health care coverage for low- and moderate-income children and adults and reducing the number of uninsured persons in the state. The bill would condition implementation of the waiver upon the enactment of subsequent statutory authorization.405099_4763405099California4763Medicaid/SCHIP EligibilityAB13142009-201002/27/200905/20/200905/30/200905/28/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_1501-1550/ab_1541_bill_20091011_chaptered.htmlIt is the intent of the Legislature to enact legislation that would implement a provision of the federal Children's Health Insurance Program Reauthorization Act (CHIPRA) of 2009 (Pub. L. No. 111-3). CHIPRA reauthorized the State Children's Health Insurance Program (SCHIP, which is known as the HFP in California), and made a number of changes to federal SCHIP law. AB 1541 extends from 30 to 60 days the time period an individual or dependent who has lost or will lose Healthy Families Program (HFP) coverage or no share-of-cost Medi-Cal coverage has to request enrollment in group coverage without being considered a late enrollee. One change made in Section 311 of CHIPRA to the federal Internal Revenue Code requires a group health plan to allow an employee who is eligible for but not enrolled in coverage under the group health plan to enroll in coverage if the employee or dependent is covered under Medicaid (Medi-Cal in California) or a state child health plan (HFP in California) and coverage is terminated because of loss of eligibility for such coverage. The federal law permits an employee or dependent to enroll in coverage under the terms of the group health plan not later than 60 days after the date of termination of SCHIP or Medicaid coverage. California law contains a similar provision, but the person must enroll within 30 days after termination of coverage. This bill would conform the time frame in California health insurance law to the time frame in federal tax law.407210_4763407210California4763Medicaid/SCHIP EligibilityAB15412009-201054203/04/200905/20/200910/13/200910/11/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_0001-0050/abx3_44_bill_20090628_amended_asm_v98.htmlAB 44 complies with federal law by giving the state Department of Health Care Services authority to obtain financial records for the purpose of verifying income of applicants for Medi-Cal assistance. The bill exercises an option under federal law to extend eligibility to individuals who are ineligible to receive those benefits under certain aid programs, including Supplemental Security Income - State Supplementary Payment (SSI/SSP), as a result of a July 1, 2009 reduction in SSI/SSP maximum aid payments. The bill also contains an option to provide coverage to disabled individuals with incomes up to 250 percent of the federal poverty level.428403_4763428403California4763Medicaid/SCHIP EligibilityAB442009 Spec Session 306/18/200908/31/200907/01/200907/01/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_0001-0050/abx4_5_bill_20090728_enrolled.htmlAB 5 requires enrollment fees for medical assistance on a sliding scale for families with income at or above 200 percent of the federal poverty level. It complies with federal law by giving the state Department of Health Care Services authority to obtain financial records for the purpose of verifying income of applicants for Medi-Cal assistance. The bill exercises an option under federal law to extend eligibility to individuals who are ineligible to receive those benefits under certain aid programs, including SSI/SSP, as a result of a July 1, 2009, reduction in SSI/SSP maximum aid payments, and an option to provide coverage to disabled individuals with incomes up to 250 percent of the federal poverty level.429524_4763429524California4763Medicaid/SCHIP EligibilityAB52009 Spec Session 4507/02/200907/02/200907/28/200907/28/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_0551-0600/ab_598_bill_20090505_amended_asm_v97.htmlAB 598 establishes the California Health Information Network and the California Health Information Standards Advisory Board, charged with developing health information exchange standards that result in establishment of a statewide electronic data exchange network.402782_3064402782California3064Health ITAB5982009-201002/25/200902/25/200905/28/200905/28/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_0051-0100/ab_83_bill_20090806_chaptered.htmlAB 83 amends a law shielding from civil liability those who provide free emergency medical care at the scene of an emergency to cover nonmedical care, and applies the full exemption only to medical, law enforcement, and emergency personnel. Others can be held liable for an act or omission that constitutes gross negligence or willful or wanton misconduct.367623_1805367623California1805Medical MalpracticeAB832009-20107712/23/200805/20/200908/07/200908/06/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_0051-0100/ab_90_bill_20090105_introduced.htmlAB 90 requires that any person, who in good faith and not for compensation, renders emergency care, medical or nonmedical, at the scene of an emergency shall not be liable for any civil damages resulting from any act or omission.368992_1805368992California1805Medical MalpracticeAB902009-201001/05/200905/20/200903/05/200903/04/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_1_bill_20090212_amended_sen_v97.htmlSB 1 establishes the Medi-Cal Presumptive Eligibility Program, providing an eligible child presumptive eligibility benefits identical to full-scope benefits under the Medi-Cal program with no share of cost until the child's eligibility for the Medi-Cal program is determined. The legislation creates the Healthy Families Buy-In Program (buy-in program) and requires the Managed Risk Medical Insurance Board to implement that program by July 1, 2011.365762_4763365762California4763Medicaid/SCHIP EligibilitySB12009-201012/01/200805/20/200902/20/200902/17/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_1_bill_20090212_amended_sen_v97.htmlSB 1 expands eligibility for the Medi-Cal program and the Healthy Families Program by modifying the income requirements applicable to those programs, and by making coverage available regardless of citizenship or immigration status, as specified.365762_4767365762California4767Purchasing PoolsSB12009-201012/01/200805/20/200902/20/200902/17/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0101-0150/sb_119_bill_20090806_chaptered.htmlSB 119 extends the sunset date of a law that provides immunity from liability for insurers who issue professional liability insurance to health care providers. The law protects the insurance company for any statement that the insurance company might make in a notice of nonrenewal of coverage to the provider. The bill excludes statements shown to have been made by the insurer in bad faith.386270_1805386270California1805Medical MalpracticeSB1192009-20103002/02/200905/20/200908/07/200908/06/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0201-0250/sb_227_bill_20090713_amended_asm_v96.htmlSB 227, in part, requires benefits in the Major Risk Medical Insurance Program (MRMIP) to provide comprehensive coverage, and, effective January 1, 2011, include lower subscriber cost sharing for primary and preventive health care services and medications for the treatment of chronic health conditions. The bill requires MRMIP to establish benefits that, at a minimum, meet Knox-Keene licensure, plus prescription drugs.401104_968401104California968Disease ManagementSB2272009-201002/23/200905/20/200908/21/200908/19/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0201-0250/sb_227_bill_20090713_amended_asm_v96.htmlSB 227 restructures the Major Risk Medical Insurance Program (MRMIP) and makes several provisions regarding acceptance to MRMIP, including requiring carriers to accept all eligible persons as assigned or pay a fee.401104_4767401104California4767Purchasing PoolsSB2272009-201002/23/200905/20/200908/21/200908/19/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0251-0300/sb_270_bill_20090505_amended_sen_v97.htmlSB 270 establishes the Health Information Technology Advisory Panel to advise the Governor and the Legislature on health information technology implementation.401431_3064401431California3064Health ITSB2702009-201002/24/200905/20/200905/29/200905/28/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0301-0350/sb_337_bill_20091011_chaptered.htmlSB 337 authorizes the California Health and Human Services Agency to apply for federal health information technology and exchange funding and to create a fund to receive those monies. The bill authorizes the development of a plan to ensure that health information exchange capabilities are utilized statewide.402855_3064402855California3064Health ITSB3372009-201018002/25/200909/04/200910/13/200910/11/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sb_39_bill_20090806_chaptered.htmlSB 39 provides that disaster service workers shall not be liable when acting within the scope of their responsibilities under the authority of the governmental emergency organization. These provisions apply exclusively to any legal action filed on or after the effective date of this bill.369123_1805369123California1805Medical MalpracticeSB392009-20102701/06/200905/20/200908/07/200908/06/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0401-0450/sb_438_bill_20090506_amended_sen_v97.htmlSB 438 requires the department, to the extent federal financial participation is available and subject to approval of any necessary state plan amendments, to exercise an option under federal law to implement a program for accelerated enrollment of children and pregnant women in the Medi-Cal program and would make each county welfare department a qualified entity for determining eligibility for Medi-Cal benefits for those children and pregnant women. If the county determines that the child is eligible for the Medi-Cal program with a share of cost, the county would be required to enroll the child in the Medi-Cal program and forward the application to the Managed Risk Medical Insurance Board for an evaluation of the child's eligibility for the Healthy Families Program.403382_4763403382California4763Medicaid/SCHIP EligibilitySB4382009-201002/26/200905/20/200905/29/200905/28/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0051-0100/sb_56_bill_20090505_amended_sen_v97.htmlSB 56 establishes the California Health Benefits Service (CHBS) program within the Department of Health Care Services (DHCS) to authorize and facilitate the creation of joint ventures among public health coverage programs to provide health care coverage to uninsured individuals and purchasers of health insurance.377908_4767377908California4767Purchasing PoolsSB562009-201001/20/200905/20/200905/29/200905/28/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0051-0100/sb_57_bill_20090120_introduced.htmlSB 57 requires, in part, the Major Risk Medical Insurance Program (MRMIB) to adopt regulations to allow participating health plans to incorporate wellness programs, disease management services, and case management services and reward enrollees based on health risk reduction. The bill sunsets these regulations and the requirement for regulations on January 1, 2015.378008_968378008California968Disease ManagementSB572009-201001/20/200905/20/200905/01/200904/30/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0051-0100/sb_57_bill_20090120_introduced.htmlSB 57, in part, requires the California Major Risk Medical Insurance Program (MRMIP) to offer at least four different options for major risk medical coverage, including at least one Health Savings Account-compatible option, and authorizes MRMIB to subsidize the Health Savings Account-compatible option.378008_4760378008California4760High Deductible Health PlansSB572009-201001/20/200905/20/200905/01/200904/30/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0051-0100/sb_57_bill_20090120_introduced.htmlSB 57, in part, requires that a person either be rejected for coverage by at least three different health plans or have a qualified medically uninsurable condition in order to be eligible for the California Major Risk Medical Insurance Program (MRMIP).378008_4767378008California4767Purchasing PoolsSB572009-201001/20/200905/20/200905/01/200904/30/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0751-0800/sb_771_bill_20090402_amended_sen_v98.htmlSB 771 requires a health care service plan or a health insurer, or a medical group that contracts with a plan, that uses a pay-for-performance system for the payment of providers to provide a differential payment to providers who provide patients with a patient-centered medical home.405169_4766405169California4766Physician P4PSB7712009-201002/27/200905/20/200904/14/200904/13/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0801-0850/sb_810_bill_20090423_amended_sen_v98.htmlSB 810 establishes the California Healthcare System (CHS), an entity that would provide affordable and comprehensive health care coverage for all Californians. The CHS would provide specified health care benefits for which all Californians would be eligible. The CHS would, on a single-payer basis, negotiate for or set fees for health care services and would pay claims for those services. The measure prohibits the sale of any private health care service plan or health insurance policy in the state. The legislation provides that a resident with an income at or below 200 percent of the Federal Poverty Level (FPL) would be eligible for benefits like those provided by California's existing Medi-Cal program.405091_4767405091California4767Purchasing PoolsSB8102009-201002/27/200905/20/200905/29/200905/28/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0051-0100/sb_92_bill_20090311_amended_sen_v97.htmlSB 92 contains several provisions to encourage or require the use of electronic health records and personal health records.378011_3064378011California3064Health ITSB922009-201001/21/200905/20/200905/01/200904/29/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0051-0100/sb_92_bill_20090311_amended_sen_v97.htmlSB 92 encourages the offering of high deductible health plans and provides tax incentives.378011_4760378011California4760High Deductible Health PlansSB922009-201001/21/200905/20/200905/01/200904/29/2009Introducednew http://leginfo.public.ca.gov/pub/09-10/bill/sen/sb_0051-0100/sb_92_bill_20090311_amended_sen_v97.htmlSB 92 modifies provisions pertaining to guaranteed association plans, and small employers. It allows health plans and insurers to offer a single policy that provides health care coverage and workers' compensation benefits. The bill establishes Health Opportunity Accounts (HOA), for specified Medi-Cal enrollees.378011_4767378011California4767Purchasing PoolsSB922009-201001/21/200905/20/200905/01/200904/29/2009Introducednew http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/billcontainers/7523E591A1A09DAE87257537001A383B/$FILE/1061_enr.pdfHB 1061 requires that a carrier who has entered into a contract with intermediaries to conduct disease management programs must require the intermediary to comply with the same standards and terms as the carrier.369420_968369420Colorado968Disease ManagementHB1061200919701/07/200905/20/200905/05/200904/30/2009Introducednew http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/billcontainers/EF671B04DF2CB5EE8725754C00628C3C/$FILE/1209_eng.pdfHB 1209, as amended on March 12, 2009, modifies guidelines governing health care coverage cooperatives. The measure: requires cooperatives to allow individuals to become members of and participate in the cooperative; limits annual fees paid in connection with the commissioner of insurance's annual compliance review of the cooperative to the amount necessary for the commissioner to recover his or her direct administrative costs in conducting the compliance review; requires a cooperative to impose a 60 percent employee participation requirement on employers seeking membership in the cooperative; exempts cooperatives from the requirement that they offer the standard and basic health benefit plans to members who are small employers; prohibits the cooperative from offering different premiums or negotiated health care prices to members who are not small employers; prohibits a cooperative from excluding from membership any individual who is willing to pay applicable membership fees and premium costs, who abides by cooperative bylaws and rules, and who satisfies the requirements of the benefit plan selected by the cooperative; prohibits a cooperative from differentiating classes of membership based on age or claims experience; requires carriers, upon request of the cooperative, to offer a basic health benefit plan and the standard health benefit plan to the cooperative; and requires carriers to offer rates for health benefit plans offered to cooperatives that are competitive with rates the carriers apply for the same or similar plans offered to employers.384710_4767384710Colorado4767Purchasing PoolsHB1209200901/29/200905/20/200903/17/200905/06/2009Introducednew http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/billcontainers/E5CFE643118E61458725754A007B14D2/$FILE/1273_eng.pdfHB 1273 provides for defined standards for a confidential electronic patient records system to maintain accurate patient records and simplify billing and reduce administrative costs.387934_3064387934Colorado3064Health ITHB1273200902/04/200905/20/200904/16/200905/06/2009Introducednew http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/billcontainers/E9943AD8262369C2872575580073AD39/$FILE/1278_01.pdfHB 1278 authorizes the Department of Public Health and Environment to seek and accept moneys and grants to prevent chronic diseases and to increase immunizations.391479_968391479Colorado968Disease ManagementHB1278200902/09/200905/20/200903/06/200903/05/2009Introducednew http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/billcontainers/D71C48DD229F80CD872575540079F3A0/$FILE/1293_enr.pdfSB 1293 expandes Medical Assistance Programs. If sufficient fees and federal funding are available, the bill allows the DHCPF to expand medical assistance programs as follows: increasing the income eligibility limit for the Children's Basic Health Plan (CBHP) from 205 up to 250 percent of the federal poverty level (FPL) for both children and pregnant women; increasing the income eligibility limit for Medicaid for parents from 60 up to 100 percent FPL; providing for 12-month continuous eligibility for children in Medicaid; creating a new Medicaid buy-in program for disabled adults and children with income up to 450 percent FPL; and, creating a new medical assistance program for childless adults with income up to 100 percent FPL. The revenue generated by the hospital provider fee is to supplement current General Fund appropriations to support hospitals.405687_4763405687Colorado4763Medicaid/SCHIP EligibilityHB1293200915203/02/200905/20/200904/24/200904/21/2009Introducednew http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/billcontainers/D71C48DD229F80CD872575540079F3A0/$FILE/1293_enr.pdfHB 1293 creates the Health Care Affordability Act of 2009. The Department of Health Care Policy and Financing (DHCPF) is authorized to collect hospital provider fees for the purpose of obtaining federal financial participation for the state's medical assistance programs. Fees are set by the State Medical Services Board based on federal regulations and are for the following: to increase reimbursements to hospitals; to increase the number of people covered by medical assistance programs; and, to pay for administrative costs related to the fee and program expansions. Subject to the receipt of federal authorization, state payments to hospitals will increase through (1) maximizing provider payments based on federal regulations; (2) increasing payments under the Colorado Indigent Care Program (CICP) to 100 percent of cost; and (3) paying a new quality incentive payment.405687_4761405687Colorado4761Hospital P4PHB1293200915203/02/200905/20/200904/24/200904/21/2009Introducednew http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/billcontainers/2788835EA56EF1D0872575380062F655/$FILE/102_01.pdfSB 102 bars a person from being eligible for Medicaid or the children's basic health plan if the person is eligible for coverage under a comparable insurance plan for which an employer contributes at least 50 percent of the premium cost. The bill also repeals an expansion of eligibility for pregnant women which had expanded eligibility from 133 percent of the federal poverty level to 205 percent.379513_4763379513Colorado4763Medicaid/SCHIP EligibilitySB102200901/23/200908/31/200902/11/200902/10/2009Introducednew http://www.leg.state.co.us/Clics/CLICS2009A/csl.nsf/billcontainers/1C689DDE10ADFC5F8725754E007C29F7/$FILE/211_enr.pdfSB 211 eliminates the scheduled increases in eligibility for the Children's Basic Health Plan (CBHP) for children and pregnant women. CBHP eligibility will remain at the current level of 205 percent of the federal poverty level (FPL).396696_4763396696Colorado4763Medicaid/SCHIP EligibilitySB2112009202/16/200905/20/200902/28/200902/26/2009Introducednew http://www.cga.ct.gov/2009/TOB/H/2009HB-05233-R00-HB.htmHB 5233 makes aged, blind or disabled persons eligible for Medicaid at an income level of 125 percent of the federal poverty level effective July 1, 2009 and at the same income level used to determine eligibility for adults under the HUSKY Plan, Part A, as of July 1, 2010.375596_4763375596Connecticut4763Medicaid/SCHIP EligibilityHB5233200901/20/200908/31/200901/19/200901/20/2009Introducednew http://www.cga.ct.gov/2009/TOB/H/2009HB-05424-R00-HB.htmHB 5424 makes aged, blind or disabled persons eligible for Medicaid at an income level of 125 percent of the federal poverty level effective July 1, 2009 and at the same income level used to determine eligibility for adults under the HUSKY Plan, Part A, as of July 1, 2010.377551_4763377551Connecticut4763Medicaid/SCHIP EligibilityHB5424200901/22/200908/31/200901/22/200901/22/2009Introducednew http://www.cga.ct.gov/2009/TOB/H/2009HB-05888-R00-HB.htmHB 5888 requires the Department of Social Services, in consultation with the Departments of Public Health, Mental Health and Addiction Services, and Developmental Services, to develop a multiyear plan to improve the quality of health care and improve health outcomes by promoting organized care. The bill states that the plan must include specific payment changes that provide incentives for hospitals to develop organized delivery systems to reduce both the under-use of effective care and the overuse of unnecessary care through a shared savings program.378455_4761378455Connecticut4761Hospital P4PHB5888200901/23/200905/20/200901/23/200901/23/2009Introducednew http://www.cga.ct.gov/2009/TOB/H/2009HB-05888-R00-HB.htmHB 5888 requires the Department of Social Services, in consultation with the Departments of Public Health, Mental Health and Addiction Services, and Developmental Services, to develop a multiyear plan to improve the quality of health care and improve health outcomes by promoting organized care. The bill states that the plan must include specific payment changes that provide incentives for hospitals to develop organized delivery systems to reduce both the under-use of effective care and the overuse of unnecessary care through a shared savings program.378455_4766378455Connecticut4766Physician P4PHB5888200901/23/200905/20/200901/23/200901/23/2009Introducednew http://www.cga.ct.gov/2009/TOB/H/2009HB-05941-R00-HB.htmHB 5941 exempts retirees' health insurance premiums from the income tax.379814_4768379814Connecticut4768Refundable Tax CreditHB5941200901/26/200905/20/200901/24/200901/26/2009Introducednew http://www.cga.ct.gov/2009/TOB/H/2009HB-06152-R03-HB.htmHB 6152 establishes (1) the Catastrophic Medical Expenses Commission and (2) a catastrophic medical expenses pool to reimburse or pay for, beginning January 1, 2010, certain medical and related expenses that exceed a certain percentage of a person's family income. The bill limits the amount the pool can pay or reimburse to a person. The limit is based on the amount the person paid in a calendar year for medical and related expenses and the person's family income, which is based on the federal poverty level (FPL). Under the bill the healthcare advocate administers the pool with the commission's advice.380946_4767380946Connecticut4767Purchasing PoolsHB6152200901/27/200909/01/200905/07/200905/06/2009Introducednew http://www.cga.ct.gov/2009/TOB/H/2009HB-06253-R00-HB.htmHB 6253 establishes a mandatory pretrial screening of medical malpractice claims in order to encourage settlement of meritorious claims and withdrawal of non-meritorious claims.382606_1805382606Connecticut1805Medical MalpracticeHB6253200901/28/200905/20/200901/28/200901/28/2009Introducednew http://www.cga.ct.gov/2009/TOB/H/2009HB-06383-R00-HB.htmHB 6383 establishes a $750,000 cap on non-economic damage awards in medical malpractice cases and provides for periodic installments of non-economic damage awards that exceed $200,000 provided annual payments not exceed $250,000.388357_1805388357Connecticut1805Medical MalpracticeHB6383200902/05/200905/20/200902/05/200902/05/2009Introducednew http://www.cga.ct.gov/2009/TOB/H/2009HB-06577-R00-HB.htmHB 6577 states that no action to recover damages for injury caused by malpractice of a physician, surgeon, dentist, podiatrist, chiropractor, hospital or sanatorium, shall be brought except within two years from the date when the injury is first sustained or discovered or in the exercise of reasonable care should have been discovered, and except that no such action may be brought more than three years from the date of the act or omission complained of, except as a counterclaim in any such action any time before the pleadings in such action are finally closed. The bill also extends the statute of limitations on a negligence action for an injured minor to one year after the minor attains eighteen years of age, but not more than eight years after the event occurred.401632_1805401632Connecticut1805Medical MalpracticeHB6577200902/25/200905/20/200903/16/200903/16/2009Introducednew http://www.cga.ct.gov/2009/ACT/PA/2009PA-00148-R00HB-06600-PA.htmHB6600 authorizes the establishment of electronic medical records and electronic health records that conform to nationally recognized interoperability standards. It establishes a committee to acquire fully interoperable electronic medical records software and hardware packages for subscribing providers and an integration system to create a single electronic health record for each member.401153_3064401153Connecticut3064Health ITHB6600200909-14802/25/200905/20/200907/21/200907/20/2009Introducednew http://www.cga.ct.gov/2009/ACT/PA/2009PA-00148-R00HB-06600-PA.htmHB 6600 establishes a public-private entity named SustiNet to provide health insurance coverage to uninsured individuals.401153_4767401153Connecticut4767Purchasing PoolsHB6600200909-14802/25/200905/20/200907/21/200907/20/2009Introducednew http://www.cga.ct.gov/2009/ACT/PA/2009PA-00232-R00HB-06678-PA.htmHB 6678 establishes a health information technology and exchange advisory committee to advise the Commissioner of Public Health regarding implementation of the health information technology plan, appropriate protocols for health information exchange, and electronic data standards to facilitate development of a state-wide, integrated electronic health information system.410192_3064410192Connecticut3064Health ITHB6678200909-23203/11/200907/08/200907/08/200907/08/2009Introducednew http://www.cga.ct.gov/2009/ACT/PA/2009PA-00095-R00SB-01079-PA.htmSB 1079 authorizes the state agencies that participate in the Connecticut Health Information Network, subject to federal restrictions on disclosure or redisclosure of information, to disclose personally identifiable information held in agency databases to the administration of the Network and its subcontractors for the purposes of network development and verification, and data integration and aggregation to enable response to network queries.403467_3064403467Connecticut3064Health ITSB1079200909-9502/27/200905/20/200906/08/200906/02/2009Introducednew http://www.cga.ct.gov/2009/TOB/S/2009SB-00216-R00-SB.htmSB 216 provides a cap of $250,000 for non-economic damages in medical malpractice lawsuits.376836_1805376836Connecticut1805Medical MalpracticeSB216200901/21/200905/20/200901/21/200901/21/2009Introducednew http://www.cga.ct.gov/2009/TOB/S/2009SB-00347-R00-SB.htmSB 347 amends provisions to require the Commissioner of Social Services to exercise existing federal options that permit the use of a less restrictive methodology in determining the income limit when making Medicaid eligibility determinations for persons who are aged, blind, or disabled so as to allow person with income that does not exceed one hundred eighty-five per cent of the federal poverty level to be eligible for the program.377579_4763377579Connecticut4763Medicaid/SCHIP EligibilitySB347200901/22/200905/20/200901/22/200901/22/2009Introducednew http://www.cga.ct.gov/2009/TOB/S/2009SB-00678-R04-SB.htmSB 678 creates the Connecticut Health Care Cost Containment Authority. The bill states that the Authority must develop a community-based health care utility model that: 1) prioritizes the use of medical homes to improve outcomes for the chronically ill; (2) emphasizes the use of case management services, disease management, and care coordination; (3) leverages federal dollars to the maximum extent permissible to establish a viable health information exchange throughout the state; (4) reduces reliance on emergency room care; (5) promotes preventive care and wellness programs; (6) promotes shared decision making between providers and their patients; and (7) provides incentives to providers who show improved patient health outcomes by implementing the above practices.379903_968379903Connecticut968Disease ManagementSB678200901/26/200905/20/200904/29/200904/28/2009Introducednew http://www.cga.ct.gov/2009/TOB/S/2009SB-00678-R04-SB.htmSB 678 creates the Connecticut Health Care Cost Containment Authority. The bill states that the Authority must develop a community-based health care utility model that: 1) prioritizes the use of medical homes to improve outcomes for the chronically ill; (2) emphasizes the use of case management services, disease management, and care coordination; (3) leverages federal dollars to the maximum extent permissible to establish a viable health information exchange throughout the state; (4) reduces reliance on emergency room care; (5) promotes preventive care and wellness programs; (6) promotes shared decision making between providers and their patients; and (7) provides incentives to providers who show improved patient health outcomes by implementing the above practices.379903_3064379903Connecticut3064Health ITSB678200901/26/200905/20/200904/29/200904/28/2009Introducednew http://www.cga.ct.gov/2009/TOB/S/2009SB-00782-R04-SB.htmSB 782 directs the Department of Public Health to submit to the General Assembly the state-wide health information technology plan on or before July 1, 2009. The bill requires the Speaker of the House and President Pro Tempore of the Senate, by June 1, 2009 and in consultation with specified members of the General Assembly, the Lieutenant Governor, and Commissioner of Public Health, to designate an entity to serve, on and after July 1, 2009, as the lead health information exchange organization for the state.383686_3064383686Connecticut3064Health ITSB782200901/29/200905/20/200905/16/200905/15/2009Introducednew http://www.cga.ct.gov/2009/FC/2009SB-00988-R000913-FC.htmSB 988 requires the Department of Social Services to enroll State Administered General Assistance and Charter Oak Health Plan clients in Medicaid via a federal waiver. Eligibility criteria are the same as for the medically needy component of the Medicaid program, except that earned monthly gross income of up to $150 is disregarded. Family assets may not exceed $1,000.399670_4763399670Connecticut4763Medicaid/SCHIP EligibilitySB988200902/23/200909/01/200905/07/200905/07/2009Introducednew http://legis.delaware.gov/LIS/lis145.nsf/EngrossmentsforLookup/HB+139/$file/Engross.html?openHB 139 extends Delaware's children's health insurance program (CHIP) to include reduced-cost health insurance coverage for children of families with personal incomes above 200 percent of the federal poverty level. However, a cost-sharing program is to be implemented under CHIP whereby payments, as determined by DHSS, must be paid on behalf of the child for such care. Notwithstanding the above, the cost-sharing provision of the bill is designed to have the new program impose no cost whatsoever on the state unless funds are specifically appropriated for it.423537_4763423537Delaware4763Medicaid/SCHIP EligibilityHB1392009-201077:20604/30/200905/20/200908/29/200908/27/2009Introducednew http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/HB+195/$file/legis.html/?openelementHB 195 provides that no volunteer, or the medical or dental clinic or charitable referral service with which the volunteer is affiliated, or the facility with which such volunteer is associated, shall be subject to suit directly, derivatively, or by way of contribution or indemnification for any civil damages under the laws of Delaware resulting from any act or omission performed during or in connection with an activity of the volunteer.426772_1805426772Delaware1805Medical MalpracticeHB1952009-201006/04/200906/25/200906/05/200906/04/2009Introducednew http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/HB+22/$file/legis.html/?openelementHB 22 extends the children's health insurance program (CHIP) to include reduced-cost health insurance for children of families with personal incomes up to 300 percent of the federal poverty level.410269_4763410269Delaware4763Medicaid/SCHIP EligibilityHB222009-201003/10/200905/20/200904/03/200904/01/2009Introducednew http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/SB+17/$file/legis.html/?openelementSB 17 creates the Delaware Health Insurance Pool as an independent executive agency, to administer the creation of a statewide purchasing pool to allow individuals and small businesses to obtain the most favorable premiums possible from the private insurance market. The Delaware Health Insurance Pool Board may, among other things, make and alter bylaws, consistent with Delaware law, for the administration and regulation of Delaware Health Insurance Pool, and enter into contracts with qualified third parties both private and public for any service necessary to carry out the purposes of this Chapter, including contracts with insurers.382574_4767382574Delaware4767Purchasing PoolsSB172009-201001/27/200905/20/200901/28/200901/27/2009Introducednew http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/SB+190/$file/legis.pdf/?openelementSB 190 is a bond and capital improvements act of the state of Delaware and certain of its authorities for the fiscal year ending June 30, 2010. The bill appropriates $1,500,000 for the Delaware Health Information Network, to support the development of an interoperable network to exchange clinical information among all healthcare providers across the state to improve patient outcomes and patient-provider relationships. The bill further states that the system will be designed to allow patient clinical information to be shared across all healthcare facilities and organizations and across public and private sectors.428713_3064428713Delaware3064Health ITSB1902009-201077:8707/01/200907/02/200907/03/200907/01/2009Introducednew http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/SB+5/$file/legis.pdf/?openelementSB 5 includes funding for a variety of state projects, including $2,500,000 for the Delaware Health and Information Network to support the development of an interoperable network to exchange clinical information among all healthcare providers across the state to improve patient outcomes and patient-provider relationships.373477_3064373477Delaware3064Health ITSB52009-201001/15/200905/20/200901/16/200901/15/2009Introducednew http://legis.delaware.gov/LIS/LIS145.NSF/vwLegislation/SB+80/$file/legis.html/?openelementSB 80 requires the newly-created health consortium to, as part of its duties, work with the Department of Health and Social Services, Department of Technology and Information, and the state's healthcare community and citizens to integrate public and private health technology and technology infrastructure; require that all healthcare facilities, hospitals and health care providers submit an electronic integration compliance plan by January 14, 2011; and to provide a web based medical record database for health care providers without EMR capabilities.423538_3064423538Delaware3064Health ITSB802009-201004/30/200905/20/200906/26/200906/24/2009Introducednew http://www.dccouncil.us/images/00001/20090610171605.pdfPR 261 approves an amendment to rules governing eligibility requirements of the HealthCare Alliance program to exclude individuals who have third-party health insurance, including Medicare, from enrollment in the program.424411_4767424411District of Columbia4767Purchasing PoolsPR2612009-2010R18-014905/01/200905/20/200906/25/200906/19/2009Introducednew http://www.flsenate.gov/data/session/2009/House/bills/billtext/html/hb108300.htmlHB 1083 extends sovereign immunity in tort actions to any emergency health care provider acting pursuant to statutory obligations and requires those providers to indemnify the state for any judgments, settlement costs, or other liabilities up to specified limits.401707_1805401707Florida1805Medical MalpracticeHB1083200903/03/200906/25/200905/09/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/House/bills/billtext/html/hb109701c1.htmlHB 1097 creates a certified electronic health records technology loan fund to receive eligible donations from public or private entities and monies available through the Public Health Services Act. The bill requires confirmation of the meaningful use of electronic prescribing software during the licensure cycle by each physician applying for license renewal and provides for the emergency release of identifiable health records without the patient's consent.401157_3064401157Florida3064Health ITHB1097200903/03/200905/20/200905/09/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/House/bills/billtext/html/hb132900.htmlHB 1329 clarifies the application of the Florida Kidcare program to include all eligible uninsured, low-income children. The bill also authorizes certain enrollees to opt out of Children's Medical Services Network or Florida Kidcare Plus. The bill revises coverage limitations, restrictions on enrollment, and limitations on age and income for certain coverage under the Florida Kidcare program.404462_4763404462Florida4763Medicaid/SCHIP EligibilityHB1329200903/03/200905/20/200905/09/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/House/bills/billtext/html/hb138901c1.htmlHB1389 creates the Florida Council on Cardiovascular Disease and Stroke to develop a publicly available database of appropriate care and treatment of patients with cardiovascular disease or those who have suffered or are at risk for stroke and to recognize innovative and effective programs that achieve improved treatment.405115_968405115Florida968Disease ManagementHB1389200903/03/200905/20/200905/09/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/House/bills/billtext/html/hb146300.htmlHB 1463 authorizes insured to bring civil action against insurer when insured is damaged by commission of specified acts by insurer. In any action against an insurer arising from an allegation that the insurer failed to settle a claim for liability insurance coverage, the insured has the burden to prove, by clear and convincing evidence, that the insurer's refusal to settle was unreasonable. The bill revises notice requirements related to such civil actions; requires insured and any person demanding settlement to cooperate with insurer with regard to facilitating settlement; requires notice of such actions to contain specified information. The bill applies to medical malpractice actions, unless such actions are covered under other statute.405792_1805405792Florida1805Medical MalpracticeHB1463200903/03/200905/20/200905/09/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/House/bills/billtext/pdf/h510101e1.pdfHB 5101 provides an appropriation for Agency for Health Care Administration authorization to develop requests for proposals or invitations to negotiate for cost-savings disease management pilots using Florida-based health information technology for Medicaid beneficiaries in specific areas of the state that are currently enrolled in Medipass.420028_968420028Florida968Disease ManagementHB5101200904/08/200904/08/200904/17/200904/17/2009Introducednew http://www.flsenate.gov/data/session/2009/House/bills/billtext/pdf/h510101e1.pdfHB 5101 provides an appropriation for Agency for Health Care Administration authorization to develop requests for proposals or invitations to negotiate for cost-savings disease management pilots using Florida-based health information technology for Medicaid beneficiaries in specific areas of the state that are currently enrolled in Medipass.420028_3064420028Florida3064Health ITHB5101200904/08/200904/08/200904/17/200904/17/2009Introducednew http://www.flsenate.gov/data/session/2009/House/bills/billtext/html/hb052900.htmlHB 529 makes certain disabled people with income up to 250 percent of the federal poverty level eligible for Medicaid services if they pay a premium on a sliding scale.376443_4763376443Florida4763Medicaid/SCHIP EligibilityHB529200903/03/200909/01/200905/09/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/House/bills/billtext/html/hb710301c1.htmlHB 7103 indicates that, if appropriations are provided, the state will seek a waiver to extend Medicaid coverage for home and community services to individuals with disabilities that cause them to become, or put them at risk of becoming, involved with the criminal justice system. Eligibility is limited to individuals with income up to 150 percent of the federal poverty level.417837_4763417837Florida4763Medicaid/SCHIP EligibilityHB7103200903/30/200909/01/200905/09/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/html/sb1180c3.htmlSB 1180 creates a workgroup to review state policy and budgeting issues affecting adults with serious mental illness who also have involvement with the state criminal justice system. Among other topics, the bill directs the workgroup to review the current status of the use of electronic medical records, the need for broader use of electronic medical records for individuals at risk for court involvement, and the fiscal impact in terms of the savings such information system would have on reducing state expenditures and improving access to care for those considered most at risk.387611_3064387611Florida3064Health ITSB1180200903/03/200905/20/200905/08/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/html/sb0162er.htmlSB 162 creates the Florida Electronic Health Records Exchange Act. It provides for definitions of terms related to electronic health records and the exchange of health information. The bill, in part, authorizes the Agency for Health Care Administration to establish and administer a certified electronic health records system adoption loan program subject to the availability of funds from the federal government and public or private entities.365793_3064365793Florida3064Health ITSB16220092009-17203/03/200905/20/200906/17/200906/16/2009Introducednew http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/html/sb1872.htmlSB 1872 creates the Florida Council on Cardiovascular Disease and Stroke to develop an effective and resource-efficient plan to reduce the morbidity, mortality, and economic burden of cardiovascular disease and stroke. The bill further states that the council will conduct health education, public awareness, and community outreach activities that relate to primary and secondary prevention of cardiovascular disease and stroke.398021_968398021Florida968Disease ManagementSB1872200903/03/200905/20/200905/08/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/html/sb1922.htmlSB 1922 authorizes a subdivision of the state to settle and pay tort claims, including medical malpractice claims, above the current $100,000/$200,000 statutory individual/group limit regardless of insurance coverage, from insurance proceeds or other available funds without requiring a further act of the Legislature. The bill further stipulates that a subdivision of the state does not waive a defense of sovereign immunity or increase the limits of its liability as a result of obtaining insurance coverage for tortious acts in excess of the maximum amounts.399102_1805399102Florida1805Medical MalpracticeSB1922200903/05/200905/20/200905/09/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/html/sb2228.htmlSB 2228 stipulates that a court must enter a judgment in negligence cases - which includes professional malpractice - against each party and non-party on the basis of the party's or non-party's percentage of fault and not, initially, on the basis of the doctrine of joint and several liability. The bill also determines criteria for negligence cases and abrogates the use of privilege and immunity defenses for all statutory causes of action, abuse of process, malicious prosecution, and fraud upon the court.405127_1805405127Florida1805Medical MalpracticeSB2228200903/19/200905/20/200905/09/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/html/sb2252er.htmlSB 2252 makes several changes to the Insurance Code as they relate to claims against professional liability insurance. The bill revises the definition of a claim to read "the receipt of a written notice of intent to initiate litigation, a summons and complaint, or a written demand from a person or his or her legal representative stating an intention to pursue an action for damages." Also, the bill eliminates existing claims criteria and establishes new reporting procedures. Further, the bill requires certain insurers with no claims in the preceding year to file a "No Claim Submission Report" by April 1st of the calendar year.405432_1805405432Florida1805Medical MalpracticeSB225220092009-18903/19/200905/20/200906/17/200906/16/2009Introducednew http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/html/sb2614e1.htmlSB 2614 directs the Department of Health (DOH) to consolidate and codify the chronic disease prevention role of the department. The bill updates the chronic disease-related statutes of current law to build the foundation for a more comprehensive program.405923_968405923Florida968Disease ManagementSB2614200903/19/200905/20/200904/30/200904/30/2009Introducednew http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/html/sb0876.htmlSB 876 authorizes health care providers to release or access an identifiable health record without the patient's consent in an emergency and includes immunity from liability for providers that release or access a patient's identifiable health record in good faith. The bill requires the Agency for Health Care Administration to develop an authorization form for the use and release of an identifiable health record and outlines requirements for the types of information that must be included on such form.377106_3064377106Florida3064Health ITSB876200903/03/200905/20/200905/08/200905/02/2009Introducednew http://www.flsenate.gov/data/session/2009/Senate/bills/billtext/html/sb0918er.htmlSB 918 specifies that children eligible for Title XXI funded KidCare programs will be auto-assigned to the Children's Medical Services Network if determined clinical eligible, unless the child's family opts out. The bill provides that a child who is eligible but not covered by a family member's group health benefit plan will not preclude the child from qualifying for Title XXI subsidized KidCare coverage. The bill requires families applying for KidCare coverage that have employer-sponsored health benefit coverage that costs the family more than 5 percent of its income to supply a statement from all applicable, employed family members that specifies that the potential enrollee is covered by an employer-sponsored health plan but the health plan costs the family more than 5 percent of its income.378316_4763378316Florida4763Medicaid/SCHIP EligibilitySB91820092009-11303/03/200905/20/200906/03/200906/02/2009Introducednew http://www.legis.state.ga.us/legis/2009_10/fulltext/hb24.htmHB 24 concerns the qualifications of expert witnesses in a malpractice action and the admissibility of expert testimony.365224_1805365224Georgia1805Medical MalpracticeHB242009-201001/14/200905/20/200904/08/200904/03/2009Introducednew http://www.legis.state.ga.us/legis/2009_10/fulltext/hb410.htmHB 410 exempts insurers from otherwise applicable local premium taxes on premiums paid by Georgia residents for high deductible health plans through January 1, 2015. In addition, the measure clarifies tax treatment for high deductible health plans offered by employers of 50 or fewer employees.395092_4760395092Georgia4760High Deductible Health PlansHB4102009-201012802/12/200905/20/200905/07/200905/04/200905/04/2009Introducednew http://www.legis.state.ga.us/legis/2009_10/fulltext/hb412.htmHB 412 authorizes the Commissioner of Insurance to allow health reimbursement arrangement-only plans that encourage employer financial support of health insurance or health-related expenses recognized under the IRS to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner. Health reimbursement arrangement-only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance. Individual insurance policies offered or funded through health reimbursement arrangements shall not be considered employer-sponsored or group coverage, and nothing in this bill shall be interpreted to require an insurer to offer an individual health insurance policy for sale in connection with or packaged with a health reimbursement arrangement or to accept premiums from health reimbursement arrangement plans for individual health insurance policies.395427_4760395427Georgia4760High Deductible Health PlansHB4122009-201002/12/200905/20/200903/20/200903/19/2009Introducednew http://www.legis.state.ga.us/legis/2009_10/fulltext/hb474.htmHB 474 expands PeachCare for Kids Program for specified children and families with incomes below 300 percent of the Federal Poverty Level.398087_4763398087Georgia4763Medicaid/SCHIP EligibilityHB4742009-201002/18/200905/20/200902/21/200902/19/2009Introducednew http://www.legis.state.ga.us/legis/2009_10/fulltext/hb507.htmHB 507 amends certain health information technology sales tax exemptions. The bill defines health information technology to mean hardware, software, integrated technologies and related licenses, intellectual property, upgrades, and packaged solutions sold as services for use by health care entities for the electronic creation, maintenance access, and exchange of health information. The bill requires people selling health information to collect the tax imposed on the sale unless the buyer furnishes a certificate from an unspecified Commissioner certifying that the purchaser is entitled to purchase the technology with paying the tax.399297_3064399297Georgia3064Health ITHB5072009-201002/19/200905/20/200902/26/200902/24/2009Introducednew http://www.legis.state.ga.us/legis/2009_10/fulltext/sb182.htmSB 182 revises the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans. The bill provides that an individual covered under a group policy shall be offered the option of continuation coverage through a high deductible health plan, or its actuarial equivalent, that is eligible for use with a health savings account under the applicable provisions of the IRS. Such high deductible health plans shall have premiums consistent with the underlying group plan of coverage rated relative to the standard or manual rates for the benefits provided.398913_4760398913Georgia4760High Deductible Health PlansSB1822009-201002/19/200905/20/200903/11/200903/09/2009Introducednew http://www.legis.state.ga.us/legis/2009_10/fulltext/sb286.htmSB 286 provides that insurers that issue high deductible health plans in the state shall offer in connection with such plans wellness and health promotion programs, disease and condition management programs, and health risk appraisal programs. Such plans shall provide an annual cash refund of not less than 10 percent of the annual premium for compliance with such disease and condition management programs or biometrics, such as blood pressure levels, cholesterol levels, and body mass index values, conforming with nationally recognized standards based upon age or industry recognized biometrics.417752_4760417752Georgia4760High Deductible Health PlansSB2862009-201003/30/200905/20/200904/01/200903/30/2009Introducednew http://www.legis.state.ga.us/legis/2009_10/fulltext/sb94.htmSB 94 revises the time periods and eligibility for continuation coverage under certain group accident and sickness insurance plans. The bill provides that an individual covered under a group policy shall be offered the option of continuation coverage through a high deductible health plan, or its actuarial equivalent, that is eligible for use with a health savings account under the applicable provisions of Section 223 of the Internal Revenue Code. Such high deductible health plans shall have premiums consistent with the underlying group plan of coverage rated relative to the standard or manual rates for the benefits provided.420571_4760420571Georgia4760High Deductible Health PlansSB942009-201015402/04/200905/20/200905/09/200905/05/200905/05/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1036_.htmHB 1036 indicates exceptions for certain provisions from any intentional tort, and any claim based upon the negligent hire, retention, training, or supervision of an employee who is alleged to have committed the intentional tort. In addition, the bill indicates that the discretionary function exception is to be interpreted to provide the State the same type of protection from liability that the United States is afforded pursuant to certain sections of the United States Code. Further, the bill deems certain exercises as discretionary, includes discretionary exception provisions regarding state highway funds and work. The bill also applies its provisions retroactively to the fullest extent permissible to all cases, actions, proceedings, and claims in which a final non-appealable judgment has not yet been entered.381836_1805381836Hawaii1805Medical MalpracticeHB10362009-201001/28/200905/20/200901/29/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1112_.htmHB 1112 provides for medical expenses and immunity from liability for licensed medical personnel providing volunteer medical services on behalf of the state or a county. The bill stipulates that except in cases of willful or criminal misconduct, gross negligence, or reckless misconduct, volunteer medical assistance personnel providing volunteer assistance services shall not be liable for the death of or injury to persons, or for damage to property, as a result of any act or omission in the course of rendering volunteer medical assistance services. Volunteer assistance services shall include but not be limited to the rendering of professional medical services in support of vaccination campaigns or outreach clinics. In any suit against the state or a county for civil damages based upon the negligent act or omission of a volunteer, proof of the negligent act or omission shall be sufficient to establish the responsibility of the state or a county.381706_1805381706Hawaii1805Medical MalpracticeHB11122009-201001/28/200906/25/200901/31/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1120_.htmHB 1120 addresses medical malpractice insurance costs by capping non-economic damages at $250,000, establishing limits for attorney contingent fees, and requiring that economic damages be allocated based upon proportionate percentage of negligence.382514_1805382514Hawaii1805Medical MalpracticeHB11202009-201001/28/200905/20/200901/31/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1231_HD1_.HTMHB 1231 establishes a Corporate Transition Management Team within the Hawaii Health Systems Corporation, to be composed of the members of the Hawaii Health Systems Corporation's Finance Information Systems and Audit Committee. The bill directs the Team to develop a plan for restructuring the Corporation, and provides details regarding the types of information must be included. The bill indicates that the Team does not have the power to incur debt, including through any finance agreements or the issuance of revenue bonds in any amount. In addition, the bill directs the Team to submit the plan, including any suggested legislation to the legislature no later than twenty days prior to the convening of the regular session of 2010.381407_3064381407Hawaii3064Health ITHB12312009-201001/28/200905/20/200903/13/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1366_.HTMHB 1366 establishes the Medical Home Demonstration Project to contract with AlohaCare to provide primary care to patients of the Waianae Coast Comprehensive Health Center and Waimanalo Health Center. The bill provides that the demonstration project shall include a pay for performance component that includes the following: (1) Beyond the basic payment mechanisms established for the delivery of QUEST expanded access services, the contracted provider shall set aside four per cent of the contracted funds for incentives for the medical homes to implement electronic medical records; and (2) Establishing mutually agreeable performance metrics that will systematically improve the quality of care delivered and that will measure the value of integration care services.383128_4766383128Hawaii4766Physician P4PHB13662009-201001/28/200901/28/200901/31/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1375_.HTMHB 1375 directs the Department of Health to establish a pilot project funding federally qualified health centers to provide services based on a patient-centered health care home model. Such services include, in part, health education/supportive counseling-individual and group setting, the provision of health education or supportive services to individuals, and in group setting, in which wellness, preventive disease management, or other improved health outcomes are sought through behavior change methodology.382683_968382683Hawaii968Disease ManagementHB13752009-201001/28/200905/20/200902/13/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1489_.HTMHB1489 establishes the Medical Claim Conciliation Hearing Office in the Department of Commerce and Consumer Affairs to conduct administrative hearings and make binding opinions in medical tort claims against health care providers. Claimants must pay a filing fee of $450 or file a motion to waive the fee and actions must be brought no more than two years after the claim is or should have been discovered, nor more than six years after the act or omission causing injury or death.382724_1805382724Hawaii1805Medical MalpracticeHB14892009-201001/28/200905/20/200901/31/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1504_CD1_.HTMHB 1504 seeks to initiate the comprehensive reformation of Hawaii's health care system with the ultimate goal of facilitating universal coverage through the provision of affordable, high-quality medical services for Hawaii's residents by establishing the Hawaii health authority to develop a comprehensive plan to provide universal health care in Hawaii. The authority shall submit a comprehensive health plan for all individuals in the state, including its findings and recommendations, to the legislature no later than twenty days prior to the convening of the regular session of 2011.382710_4767382710Hawaii4767Purchasing PoolsHB15042009-20101101/28/200905/20/200907/18/200907/16/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1514_HD1_.HTMHB 1514 places a ceiling on non-economic damages in medical torts involving neurologists and neurosurgeons and reduces insurance premiums for malpractice liability coverage. The bill also requires a health care provider to disclose to patients adverse events relating to their medical treatment and requires the Hawaii Medical Board to collect and publish information about physicians licensed in the state to allow consumers to make informed decisions in selecting physicians. Lastly, the bill establishes a medical malpractice damages task force to provide support in implementing the provisions of this act.382518_1805382518Hawaii1805Medical MalpracticeHB15142009-201001/28/200905/20/200903/04/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1515_.HTMHB 1515 establishes a patient compensation fund to offer medical malpractice insurance to health care providers in excess of the basic insurance coverage necessary to participate in the fund. The bill establishes a separate patient's compensation fund to be administered and held in trust by the Insurance Commissioner. By July 1, 2010, the fund shall offer medical malpractice insurance in excess of the basic insurance necessary to participate in the fund. All health care providers in the state may participate in the patient's compensation fund, as long as the health care provider presents evidence of appropriate claim coverages. The commissioner will pay an amount from the fund to a claimant for appropriate medical tort damages in excess of the basic insurance coverage provided to a health care provider who participates in the fund. The commissioner shall approve claims upon receipt of an approved award or judgement.382730_1805382730Hawaii1805Medical MalpracticeHB15152009-201001/28/200905/20/200901/31/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1555_.HTMHB 1555 establishes licensing and regulatory requirements for practice of respiratory care. The bill also establishes the Board of Respiratory Care in the Department of Commerce and Consumer Affairs and provides for its membership, operations, and administration. The bill also includes disciplinary criteria and penalties.383705_968383705Hawaii968Disease ManagementHB15552009-201001/28/200905/20/200901/31/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1563_.HTMHB 1563 establishes licensing and regulatory requirements for practice of respiratory care. The bill also establishes the Board of Respiratory Care in the Department of Commerce and Consumer Affairs.383713_968383713Hawaii968Disease ManagementHB15632009-201001/28/200905/20/200901/31/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1636_SD1_.HTMHB 1636 prohibits the use of a physician's on-call status from being considered for any purpose, including the application, underwriting, and issuance of insurance coverage, and the setting of premium rates, discounts, rebates, and the renewal or cancellation of insurance coverage.383813_1805383813Hawaii1805Medical MalpracticeHB16362009-201001/28/200906/25/200903/28/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1651_.HTMHB 1651 addresses medical malpractice insurance costs in certain counties by capping non-economic damages at $500,000 for high-risk medical specialties and $250,000 for all other specialties, establishing a limit of $3,000,000 for noneconomic damages determined by the court to be for catastrophic injuries, and requiring that economic and non-economic damages be allocated based upon proportionate percentage of negligence.383726_1805383726Hawaii1805Medical MalpracticeHB16512009-201001/28/200905/20/200901/31/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1770_.HTMHB 1770 establishes licensing and regulatory requirements for practice of respiratory care. The bill also establishes the Board of Respiratory Care in the Department of Commerce and Consumer Affairs.383860_968383860Hawaii968Disease ManagementHB17702009-201001/28/200905/20/200901/31/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1782_SD2_.HTMHB 1782 creates an Office of the State Coordinator of Health Information Technology and a Health Information Exchange Task Force to assist in developing a Health Information Exchange Program.383853_3064383853Hawaii3064Health ITHB17822009-201001/28/200905/20/200905/01/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1783_.HTMHB 1783 amends provisions relating to the medical claim compensation panel including increasing its size and modifying the manner in which panel members are appointed. It also provides that any expressions of sympathy to a patient, the patient's relatives, or representatives for any unanticipated outcome, including but not limited to any conduct, gesture, or any other expression of apology, regret, mistake, or error made to the patient or the patient's relatives or representatives shall not be considered as admissions of liability and therefore shall be inadmissible in any proceeding. Statements not introduced during the hearings of the medical claim conciliation panel shall not be admissible in evidence either as an admission, to impeach the credibility of a witness, or for any other purpose in any trial of the action.383763_1805383763Hawaii1805Medical MalpracticeHB17832009-201001/28/200905/20/200901/31/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1784_HD2_.HTMHB 1784 modifies medical tort law by, among other things, setting a maximum award limit for noneconomic damages in medical tort cases against physician specialists. The also bill requires that all insurers providing professional liability insurance for health care providers implement a premium rate established by the State Insurance Commissioner. The measure creates the Medical Malpractice Rate Commission and Medical Malpractice Task Force. The bill further provides that, whenever possible, a health care provider or an appropriately trained designee of a health care provider shall notify in person each patient, or the patient's relative or representative, regarding any adverse event that could result in serious harm or a life-threatening situation for the patient within seventy-two hours of the adverse event or discovery of the adverse event, provided that all applicable federal laws regarding patient care shall apply.383862_1805383862Hawaii1805Medical MalpracticeHB17842009-201001/28/200905/20/200903/13/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1785_.HTMHB 1785 establishes a medical malpractice damages task force to develop a strategic plan to address the high costs of medical malpractice insurance rates and make recommendations on damage award ranges and guidelines for medical malpractice claims.383765_1805383765Hawaii1805Medical MalpracticeHB17852009-201001/28/200905/20/200902/12/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB1823_.HTMHB 1823 establishes licensing and regulatory requirements for practice of respiratory care. The bill also establishes the Board of Respiratory Care in the Department of Commerce and Consumer Affairs.383766_968383766Hawaii968Disease ManagementHB18232009-201001/28/200905/20/200902/04/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB310_HD2_.HTMHB 310 provides that after the verdict or the court's decision in subsequent medical tort litigation, the court may impose sanctions against the non-prevailing party whose rejection of the medical claim conciliation panel's decision resulted in the subsequent litigation. A party's rejection of the panel's decision shall be deemed to have resulted in the subsequent litigation regardless of whether both parties rejected the decision. The sanctions available to the court include: (1) Reasonable costs and fees other than attorney's fees actually incurred by the prevailing party but not otherwise taxable under the law, including expert witness fees, travel costs, and deposition costs; (2) Costs of jurors; and; and (3) Attorney's fees not to exceed $15,000.379881_1805379881Hawaii1805Medical MalpracticeHB3102009-201001/26/200905/20/200903/13/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB320_.HTMHB 320 appropriates funds for the healthy aging partnership program operated by the Executive Office on Aging. The bill seeks to continue building the aging network's capacity in evidence-based programming and effectively embed Ke Ola Pono, the Chronic Disease Self-Management Program, and EnhanceFitness in Hawaii's aging network by appropriating funds to supplement its development statewide.379883_968379883Hawaii968Disease ManagementHB3202009-201001/26/200905/20/200901/27/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB439_HD1_.HTMHB 439 establishes a working group to review the concept of health courts to handle medical injury claims and report its findings to the legislature.The working group shall review the health court systems in other states, if any, as well as relevant articles, and determine the appropriate structure and features of a state health court system. The topics to be considered by the working group shall include. but is not limited to, consideration of the health court's jurisdiction, the desired qualifications of health court justices, the manner of selecting health court justices, the manner of conducting hearings, and the types of damages that may be awarded.379887_1805379887Hawaii1805Medical MalpracticeHB4392009-201001/26/200905/20/200902/14/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB499_.HTMHB 499 limits non-economic damages in medical tort actions contingent on compliance with premium rate caps by insurers providing professional liability insurance in Hawaii. The bill also includes instructions into areas to be considered when assessing a "percentage of negligence." The bill states that economic damages awarded to a provider will be based upon the healthcare provider's proportionate percentage of negligence. The bill also provides a new definition of 'medical torts', specifically to expand upon references to 'rendering of professional service by a healthcare provider without informed consent' and ensuring the definition includes reference to a provider acting within their scope of service.379823_1805379823Hawaii1805Medical MalpracticeHB4992009-201001/26/200905/20/200901/27/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB575_HD1_.HTMHB 575 repeals the Medical Claim Conciliation Panel and establishes in its place a Medical Claim Conciliation Hearing office to conduct hearings on medical claims and issue opinions that are binding on both parties. Claimants who both reject the panel's award of damages and pursue litigation must pay the health care provider's attorneys' fees, costs, and cost of the provider's time under certain conditions.379826_1805379826Hawaii1805Medical MalpracticeHB5752009-201001/26/200905/20/200903/04/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB633_.HTMHB 633 repeals Hawaii's medical malpractice underwriting plan (chapter 435C, HRS), and establishes the Hawaii medical malpractice insurance relief fund to offer policies of medical malpractice insurance to physicians in the State.379827_1805379827Hawaii1805Medical MalpracticeHB6332009-201001/26/200905/20/200901/27/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB718_HD1_.HTMHB 718 establishes the Medical Malpractice Captive Insurance Company as an independent nonprofit company to provide medical malpractice insurance coverage to self-employed medical doctors licensed and practicing in the state. The company shall be organized and operated as a domestic mutual insurance company and shall not be an agency of the state.379932_1805379932Hawaii1805Medical MalpracticeHB7182009-201001/26/200905/20/200902/13/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB802_.HTMHB 802 provides that physicians, surgeons or osteopaths providing uncompensated care to a Medicaid-eligible or uninsured person shall not be liable to the patient for damages rendered to the patient unless it can be shown by a preponderance of the evidence that the health care provider exhibited gross negligence. These provisions do not apply unless the patient consented to such uncompensated care, nor in emergencies when patient consent is not possible.380508_1805380508Hawaii1805Medical MalpracticeHB8022009-201001/26/200905/20/200901/29/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB804_.HTMHB 804 provides that in any medical tort action: (1) The full amount of a plaintiff's economic loss may be fully recovered without limitation; (2) A plaintiff may recover up to $250,000 in noneconomic damages, regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought with respect to the same occurrence; (3) An award for future noneconomic damages shall not be discounted to present value. (4) The jury shall not be informed about the maximum award for noneconomic damages. An award for noneconomic damages in excess of $250,000 shall be reduced either before the entry of judgment or by amendment of the judgment after entry of judgment, and the reduction shall be made before accounting for any other reduction in damages required by law. If separate awards are rendered for past and future noneconomic damages and the combined awards exceed $250,000, the future noneconomic damages shall be reduced first; and, (5) Each party shall be liable only for that party's share of any damages and not for the share of any other party. Each party shall be liable only for the amount of damages allocated to the party in direct proportion to the party's percentage of responsibility. A separate judgment shall be rendered against each party for the amount allocated to the party. For purposes of this part, the trier of fact shall determine the proportion of responsibility of each party. The measure provides that in any medical tort action, the court shall supervise the arrangements for payment of damages to protect against conflicts of interest that may have the effect of reducing the amounts awarded that are actually paid to plaintiffs. The bill establishes that in no event shall the total of all contingent fees for representing all plaintiffs in a medical tort action exceed the following limits: (1) Forty per cent of the first $50,000 recovered by the plaintiffs; (2) Thirty-three and one-third per cent of the next $50,000 recovered by the plaintiffs; (3) Twenty-five per cent of the next $500,000 recovered by the plaintiffs; and, (4) Fifteen per cent of any amount by which the recovery by the plaintiffs is in excess of $600,000. Punitive damages, if otherwise permitted by applicable law, may be awarded against any person in a medical tort action only if it is proven by clear and convincing evidence that the person acted with malicious intent to injure the plaintiff or deliberately failed to avoid unnecessary injury that the person knew the plaintiff was substantially certain to suffer. At the request of any party in a medical tort action, the trier of fact shall consider in a separate proceeding: (1) Whether punitive damages are to be awarded; and, (2) The amount of punitive damages. Where an award of future damages equaling or exceeding $50,000, without reduction to present value, is made against a party with sufficient insurance or other assets to fund a periodic payment of the judgment, the court, at the request of any party, shall enter a judgment ordering that the future damages be paid by periodic payments in accordance with any applicable law.380510_1805380510Hawaii1805Medical MalpracticeHB8042009-201001/26/200905/20/200901/29/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB807_HD1_.HTMHB 807 amends existing law relative to the Medical Claim Conciliation Panel (Panel). The Panel is responsible for conducting informal conciliation hearings on claims against health care providers before such claims can be filed as lawsuits. The decisions of the Panel are advisory and are not binding on the parties, in the event that any party still wishes to pursue the matter via the courts. HB 807 states that the Panel will hear medical tort claims within thirty days after the last date for filing a response, provided that the Panel may dismiss any frivolous or non-meritorious claims. The bill prohibits the Panel from filing claims brought after the statute of limitations expires. The bill also requires the Panel to provide a copy of the certificate of consultation to the health care providers named in the claim.380511_1805380511Hawaii1805Medical MalpracticeHB8072009-201001/26/200905/20/200902/20/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB808_SD1_.HTMHB 808 amends the definition of telemedicine to mean the use of telecommunications services, as defined by certain provisions, including real-time video or web conferencing communication, or secure interactive or non-interactive web-based communication to establish a physician-patient relationship, to evaluate a patient, or to treat a patient. The bill indicates that "telehealth" as used in certain provisions includes "telemedicine." In addition the bill requires that telemedicine services must include a documented patient evaluation, including history and a discussion of physical symptoms adequate to establish a diagnosis and identify underlying conditions or contra-indications to the treatment recommended or provided. The bill holds applies standards to treatment recommendations, prescriptions, controlled substances, and includes guidelines for medical reports and records resulting from telemedicine services. Further, the bill clarifies that telehealth is within the scope of a physician's practice.380512_3064380512Hawaii3064Health ITHB8082009-201001/26/200905/20/200903/26/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/HB989_CD1_.HTMHB 989 extends the health programs for children and appropriate funds for the Keiki Care program, established as the Hawaii children's health care program. The measure also provides that primary health care services for participants in the Hawaii children's health care program shall be provided by a federally qualified health center, as recognized by the federal Centers for Medicare & Medicaid Services. The managed care plan partner shall establish payment plans with the State's federally qualified health centers to cover the costs of the participants' primary health care services.381611_4763381611Hawaii4763Medicaid/SCHIP EligibilityHB9892009-2010801/28/200906/07/200907/18/200907/16/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB1074_.HTMSB 1074 limits damages in medical malpractice claims to $1,000,000 for noneconomic damages and to $3,000,000 for noneconomic damages arising from injuries found to be catastrophic by a court. Provides an income tax credit for fifty per cent of the cost of medical malpractice insurance premiums under certain circumstances.381433_1805381433Hawaii1805Medical MalpracticeSB10742009-201001/26/200905/20/200902/20/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB1632_.HTMSB 820 appropriates funds for the Health Aging Partnership Program operated by the Executive Office on Aging. The bill appropriates $250,000 for fiscal year 2009-2010 and $250,000 for fiscal year 2010-2011 to supplement the development of the Ke Ola Pono, the Chronic Disease Self-Management Program, and EnhanceFitness statewide.383826_968383826Hawaii968Disease ManagementSB16322009-201001/28/200905/20/200902/13/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB1676_SD2_.HTMSB 1676 amends the definition of telemedicine to mean the use of telecommunications services, including real-time video or web conferencing communication, or secure web-based communication to establish a physician-patient relationship, to evaluate a patient, or to treat a patient. The bill indicates that "telehealth" as used in certain provisions includes "telemedicine." In addition the bill requires that telemedicine services include a documented patient evaluation, including history and a discussion of physical symptoms adequate to establish a diagnosis and identify underlying conditions or contra-indications to the treatment recommended or provided.383831_3064383831Hawaii3064Health ITSB16762009-201002001/28/200905/20/200904/30/200904/29/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB173_.HTMSB 173 creates a tax credit for employers to provide prepaid health insurance to part-time employees. Residents unable to obtain creditable coverage will be enrolled in the HI health insurance purchasing pool.379516_4767379516Hawaii4767Purchasing PoolsSB1732009-201001/23/200905/20/200902/13/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB341_.HTMSB 341 revises medical tort reform laws to: allow for arbitration of medical services contracts, create a new cap on noneconomic damages for medical torts, allow for introduction of evidence, limit contingency fees, and allow for periodic payments for future damages. Makes a tortfeasor liable for no more than the percentage of share of damages attributable to that individual or entity. Removes exceptions from law, thus abolishing joint and several liability.379322_1805379322Hawaii1805Medical MalpracticeSB3412009-201001/23/200905/20/200901/28/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB343_.HTMSB 343 redefines noneconomic damages for purposes of tort actions. Limits the amount recoverable for noneconomic damages to $250,000.380211_1805380211Hawaii1805Medical MalpracticeSB3432009-201001/23/200905/20/200901/28/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB424_.HTMSB 424 establishes the Hawaii Health Authority (HHA) to develop a health plan to provide healthcare coverage for all individuals in the State. The HHA shall be responsible for overall health planning for the State and shall be responsible for determining future capacity needs of health providers, facilities, equipment, and support services providers. The HHA shall develop a comprehensive health plan for all individuals in the State that includes, among other provisions, establishment of eligibility requirements.379810_4767379810Hawaii4767Purchasing PoolsSB4242009-201001/23/200905/20/200902/18/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB568_HD1_.HTMSB 568 establishes the Electronic Prescription Task Force to develop a plan to implement an Electronic Prescription Drug Program no later than July 1, 2011. In addition to including guidance for such Program, the bill requires the Task Force to report to the Legislature prior to its 2010 regular session.379933_3064379933Hawaii3064Health ITSB5682009-201001/23/200905/20/200905/01/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB796_.HTMSB 796 limits the amount of noneconomic damages in medical tort actions. Requires insurers to make direct payments to healthcare providers making claims for the payment of benefits.379944_1805379944Hawaii1805Medical MalpracticeSB7962009-201001/23/200905/20/200901/30/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB820_.HTMSB 820 appropriates funds for the Health Aging Partnership Program operated by the Executive Office on Aging. The bill appropriates $250,000 for fiscal year 2009-2010 and $250,000 for fiscal year 2010-2011 to supplement the statewide development of the Ke Ola Pono, the Chronic Disease Self-Management Program, and EnhanceFitness.379946_968379946Hawaii968Disease ManagementSB8202009-201001/23/200905/20/200902/12/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB854_.htmSB 854 relates to civil actions. Clarifies certain limitations regarding the state's liability in tort cases and brings the state's liability in line with similar federal liability in many cases.381639_1805381639Hawaii1805Medical MalpracticeSB8542009-201001/26/200905/20/200901/30/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB930_HD1_.HTMSB 930 provides for medical expenses and immunity from liability for licensed medical personnel providing volunteer medical services on behalf of the state or a county.381708_1805381708Hawaii1805Medical MalpracticeSB9302009-201001/26/200906/25/200903/20/200905/11/2009Introducednew http://www.capitol.hawaii.gov/session2009/bills/SB938_.htmSB 938 addresses medical malpractice insurance costs by capping non-economic damages at $250,000, establishing limits for attorney contingent fees, and requiring that economic damages be allocated based upon a proportionate percentage of negligence.381396_1805381396Hawaii1805Medical MalpracticeSB9382009-201001/26/200905/20/200901/30/200905/11/2009Introducednew http://www.ilga.gov/legislation/96/HB/09600HB1081.htmHB 1081 creates the Illinois Guaranteed Option Premium Assistance program to provide for health insurance premium assistance. The bill provides that on July 1, 2010, all insurers and health maintenance organizations offering health insurance coverage in the small group market shall offer one or more group Illinois Guaranteed Option Premium Assistance plans to eligible small employers.393226_4767393226Illinois4767Purchasing PoolsHB10812009-201002/11/200905/20/200903/14/200903/31/2009Introducednew http://www.ilga.gov/legislation/96/HB/09600HB2691.htmHB 2691 amends the Children's Health Insurance Program Act, the Covering ALL KIDS Health Insurance Act, and the Illinois Public Aid Code. The bill provides that eligibility and benefits under the Children's Health Insurance Program, the Covering ALL KIDS Health Insurance Program, or Medicaid may be expanded only as authorized by law and may not be expanded by any other means, including agency rules or policy changes.400563_4763400563Illinois4763Medicaid/SCHIP EligibilityHB26912009-201002/24/200905/20/200904/04/200904/03/2009Introducednew http://www.ilga.gov/legislation/96/HB/09600HB3773.htmHB 3773 creates the Affordable Health Insurance Act, providing that insurers that include and operate wellness and health promotion programs, disease and condition management programs, health risk appraisal programs, and similar provisions in their high deductible health policies in keeping with federal requirements shall not be considered to be engaging in unfair trade practices under the Uniform Deceptive Trade Practices Act. The bill sets forth requirements for preferred provider and nonpreferred provider plan reimbursements for Health Savings Account-eligible, high-deductible plans using nonpreferred provider reimbursements, and provides that Health Reimbursement Arrangement-only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under the laws of this State.402557_4760402557Illinois4760High Deductible Health PlansHB37732009-201002/25/200905/20/200903/14/200903/13/2009Introducednew http://www.ilga.gov/legislation/96/HB/09600HB3959.htmHB 3959 amends the Illinois Income Tax Act. Provides that for taxable years ending on or after December 31, 2009 and on or before December 30, 2014, taxpayers may subtract from adjusted gross income an amount equal to the premiums or portion of premiums paid by the taxpayer during the taxable year for any health insurance product or health benefit program in force for all or any part of the taxable year and for any health care payments to health care professionals or health care providers during the taxable year.403957_4768403957Illinois4768Refundable Tax CreditHB39592009-201002/26/200905/20/200903/14/200903/19/2009Introducednew http://www.ilga.gov/legislation/96/HB/09600HB4004.htmHB 4004 provides that, in determining noneconomic damages, a fact finder may not consider: evidence of a defendant's alleged wrongdoing, misconduct, or guilt; evidence of the defendant's wealth or financial resources; or any other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. The bill also allows for bifurcated trials before the same jury involving punitive damages if any defendant so requests. In addition to outlining the procedures for such bifurcated trials, the bill provides for court review of noneconomic damage awards and contains applicability provisions.403830_1805403830Illinois1805Medical MalpracticeHB40042009-201002/26/200905/20/200903/14/200903/13/2009Introducednew http://www.ilga.gov/legislation/96/HB/09600HB4193.htmHB 4193 provides that an individual that purchases a policy of accident and health insurance that is a high deductible health plan with a health savings account may waive coverage for any or all insurance coverage mandates required by the Code. An individual that purchases a policy of accident and health insurance that is a high deductible health plan with a health savings account may waive coverage for any or all insurance coverage mandates required by this Code. The individual covered by the policy shall decide whether to waive any or all insurance coverage mandates.404556_4760404556Illinois4760High Deductible Health PlansHB41932009-201002/27/200905/20/200903/14/200903/13/2009Introducednew http://www.ilga.gov/legislation/96/HB/09600HB4592.htmHB 4592 provides for changes in eligibility for access to the Children's Health Insurance Program. The bill provides eligibility for a child for the period October 1, 2009 through September 30, 2010, who has either: 1) been without health insurance coverage for a period set forth by the Department in rules, but not less than 12 months; 2) whose parent has lost employment that made available affordable dependent health insurance coverage, until such time as affordable employer-sponsored dependent health insurance coverage is again available for the child as set forth by the Department in rules; 3) who is a newborn whose responsible relative does not have available affordable private or employer-sponsored health insurance; 4) who, within one year of applying for coverage under this Act, lost medical benefits under the Illinois Public Aid Code; or, 5) as otherwise set forth by the Department in rule.428665_4763428665Illinois4763Medicaid/SCHIP EligibilityHB45922009-201007/07/200907/01/200907/14/200908/16/2009Introducednew http://www.ilga.gov/legislation/96/HB/09600HB0545.htmHB 545 provides that any person licensed under the Medical Practice Act of 1987 or any person licensed to practice the treatment of human ailments in any other state or territory of the United States who, in good faith, provides emergency care without fee to a person while participating with local, state or federal law enforcement personnel in training or active duty missions, shall not, as a result of his or her acts or omissions be liable for civil damages, except willful or wanton misconduct on the part of the person in providing the care.388862_1805388862Illinois1805Medical MalpracticeHB5452009-201002/04/200906/25/200903/14/200903/13/2009Introducednew http://www.ilga.gov/legislation/96/SB/09600SB1534.htmSB 1534 amends the Children's Health Insurance Program Act, the Covering ALL KIDS Health Insurance Act, and the Illinois Public Aid Code. The bill provides that notwithstanding any other provision of any of those Acts to the contrary, the Department of Human Services or the Department of Healthcare and Family Services will require an applicant for, or recipient of, benefits under any of those Acts to supply at least two consecutive pay stubs for the purpose of determining the applicant's or recipient's income eligibility for those benefits.398513_4763398513Illinois4763Medicaid/SCHIP EligibilitySB15342009-201002/18/200905/20/200904/09/200904/03/2009Introducednew http://www.ilga.gov/legislation/96/SB/09600SB1807.htmSB 1807 authorizes the Department of Healthcare and Family Services to make grants to a statewide Health Information Technology Resource and Support Center. The bill indicates that the Center's functions include: providing services on a statewide basis with a focus in rural and disparity areas of the State; providing medical practitioners, office managers, and healthcare support staff with information and assistance in understanding their health information technology needs, selecting an appropriate system, and effective use of the system; and offering online continuing medical education (CME) courses on HIT and electronic medical records (EHR) related topics to physicians and other clinical practitioners.399863_3064399863Illinois3064Health ITSB18072009-201002/20/200905/20/200903/14/200903/13/2009Introducednew http://www.ilga.gov/legislation/96/SB/09600SB1904.htmSB 1904 creates the Full and Fair Noneconomic Damages Act. Provides that, in determining noneconomic damages, the fact finder may not consider: (i) evidence of a defendant's alleged wrongdoing, misconduct, or guilt; (ii) evidence of the defendant's wealth or financial resources; or (iii) any other evidence that is offered for the purpose of punishing the defendant, rather than offered for a compensatory purpose. Provides for bifurcated trials before the same jury in cases involving punitive damages, if requested by any defendant. Outlines the procedure for the bifurcated trials. Provides for court post-trial review of noneconomic damage awards pursuant to non-exclusive factors: the passions or prejudices of the trier of fact were inflamed; the defendant's wealth was considered; or the defendant's misconduct was considered so as to punish the defendant contrary to punitive damage award standards.400004_1805400004Illinois1805Medical MalpracticeSB19042009-201002/20/200905/20/200903/14/200903/13/2009Introducednew http://www.ilga.gov/legislation/96/SB/09600SB1964.htmSB 1964 provides that in actions arising out of bodily injury, death, or damage to property based on negligence, or product liability based on strict tort liability, there will not be joint and several liability, rather when more than one defendant is found to be liable, a defendant will only be liable for that percentage of the plaintiff's damages, found by the trier of fact, that the defendant's percentage of contributory fault, found by the trier of fact, represents. The bill amends the Joint Tortfeasor Contribution Act requiring, in the event that the obligation of one or more tortfeasors is uncollectible, the remaining tortfeasors to share, pro rata, the unpaid portion. The bill also repeals the section stating that a plaintiff's right to recover the full amount of his or her tort judgment from any one or more defendants is unaffected by the Contribution Act.400006_1805400006Illinois1805Medical MalpracticeSB19642009-201002/20/200905/20/200903/14/200903/13/2009Introducednew http://www.ilga.gov/legislation/96/SB/09600SB1965.htmSB 1965 provides that a non-expert's opinion or inference testimony is limited to opinions or inferences that are rationally based on his or her perception, helpful to a clear understanding of his or her testimony or the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge. Sets forth requirements regarding: qualifications, testimony, disclosure, and compensation of expert witnesses; bases of expert opinion testimony; limitations on expert testimony; pre-trial hearings and disclosures concerning expert witnesses; precedents to be followed in interpreting the new provisions; interlocutory appeals of rulings on the admissibility of expert evidence; standards to be followed by reviewing courts in determining the admissibility of expert testimony; severability; and other matters. Applies to actions commenced on or after the effective date of the amendatory Act and pending actions in which a trial has not been scheduled or in which a trial has been scheduled more than 90 days after the effective date of the amendatory Act.399537_1805399537Illinois1805Medical MalpracticeSB19652009-201002/20/200905/20/200904/09/200904/03/2009Introducednew http://www.ilga.gov/legislation/96/SB/09600SB1967.htmSB 1967 adds additional requirements concerning prerequisites to the maintenance of a class action, provisions on the certification of class actions; where a class action may be brought; preliminary determinations to be made by the court; notice to the class; coupon and other non-cash settlements; loss by class members under a proposed settlement; and attorney's fees.400007_1805400007Illinois1805Medical MalpracticeSB19672009-201002/20/200905/20/200903/14/200903/13/2009Introducednew http://www.in.gov/legislative/bills/2009/IN/IN1463.1.htmlHB 1463 establishes the Preventive Care Pilot Program within the Department of Health, to be administered by the Department and the Insurance Commissioner. The bill establishes criteria to participate in the Program and provides that the Department and the Insurance Commissioner may adopt rules to permit participation by an employer with a comprehensive high deductible plan if the employer is able to demonstrate that participation will not negatively impact the coverage currently offered by the employer.373006_4760373006Indiana4760High Deductible Health PlansHB1463200901/14/200905/20/200901/15/200904/29/2009Introducednew http://www.in.gov/legislative/bills/2009/IN/IN0120.1.htmlSB 120 establishes a health coverage commission to evaluate and make recommendations before January 1, 2010, concerning implementation of a health coverage system to ensure availability of health coverage to every Indiana resident.368064_4767368064Indiana4767Purchasing PoolsSB120200901/07/200905/20/200901/02/200904/29/2009Introducednew http://www.in.gov/legislative/bills/2009/ES/ES0472.2.htmlSB 472, as amended April 2, 2009, expands eligiblity standards to include individuals who have been terminated or permanently laid off from the individual's place of employment in the previous thirty days and has a child who is less than eighteen years of age or has a child who is less than eighteen years of age who is currently enrolled in the Medicaid program. As introduced, the bill provides that an individual's income eligibility for dental or vision coverage under the Indiana check-up plan is based on annual adjusted gross income. The bill also changes certain eligibility requirements for participation in the plan. The bill allows certain individuals to participate in the plan without state funding.373140_4763373140Indiana4763Medicaid/SCHIP EligibilitySB472200901/14/200905/20/200904/08/200904/29/2009Introducednew http://www.in.gov/legislative/bills/2009/IN/IN0537.1.htmlSB 357 requires the office of Medicaid policy and planning to apply to the federal government to increase income eligibility in the children's health insurance program to 300 percent of the federal poverty level. Current eligibility in the program is 250 percent of the federal poverty level.373823_4763373823Indiana4763Medicaid/SCHIP EligibilitySB537200901/15/200905/20/200901/16/200904/29/2009Introducednew http://www.in.gov/legislative/bills/2009/IN/IN0557.1.htmlSB 557 requires the Department of Insurance to establish a small employer health coverage pool for employees of certain small employers. "Small employer" means any person, firm, corporation, limited liability company, partnership, or association actively engaged in business who, on at least fifty percent (50%) of the working days of the employer during the preceding calendar year, employed at least two (2) but not more than fifty (50) eligible employees, the majority of whom work in Indiana. The department shall establish a small employer health coverage pool through which at least two (2) small employers may purchase coverage for health care services for the employees of the small employers. The department shall, contract with at least one insurer to issue a policy of group accident and sickness insurance to; a health maintenance organization to enter into a group contract with the small employer health coverage pool established under this section to provide coverage for health care services to the employees of the small employers that participate in the small employer health insurance pool.376730_4767376730Indiana4767Purchasing PoolsSB557200901/20/200905/20/200901/21/200904/29/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/Bills/HouseFiles/Introduced/HF361.htmlHB 361 provides that a licensed physician acting as a volunteer emergency medical services director shall not be liable for any civil damages for acts or omissions occurring in the performance of the director's volunteer duties unless such acts or omissions constitute recklessness or willful and wanton misconduct.398360_1805398360Iowa1805Medical MalpracticeHB3612009-201002/18/200906/25/200902/25/200902/24/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/Bills/HouseFiles/Introduced/HF382.htmlHB 382 provides for the voluntary accreditation of certain public health agencies. The bill designates the Department of Public Health as the lead agency in the state for governmental public health system modernization and includes guidance for the adoption of Iowa Public Health Standards. The bill also creates a Governmental Public Health Advisory Council and Governmental Public Health Evaluation Committee. In addition, the bill establishes a Governmental Public Health System and an Accreditation Data Collection System, and creates a Governmental Public Health System Fund.399034_968399034Iowa968Disease ManagementHB3822009-201002/19/200905/20/200903/05/200903/04/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/Bills/HouseFiles/Introduced/HF694.htmlHB 694 directs the State Executive Council to offer, beginning with the open enrollment period for the 2010 plan year, the option for state employees or retiree to receive health care coverage through a high deductible health plan and the establishment of a health savings account.413553_4760413553Iowa4760High Deductible Health PlansHB6942009-201003/12/200905/20/200905/16/200903/12/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/enrolled/HF820.htmlHB 820 revises certain appropriations and to appropriates federal funds made available by federal block grants, the American Recovery and Reinvestment Act, and other federal grants. The bill allocates portions of federal block grants and provides procedures if federal funds are more or less than anticipate or if federal block grants are more or less than anticipated.420496_968420496Iowa968Disease ManagementHB8202009-201004/09/200905/20/200905/29/200905/26/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/all other/HSB230.htmlHSB 230 provides that in a civil action in which a plaintiff claims that health care treatment was necessitated or will be necessitated by the events giving rise to the claim or in which the plaintiff is seeking medical, hospital, or disability benefits, any party may offer the records and billing statements of a care provider who provided such treatment, or portions thereof, into evidence. Such records may include letters or reports by the care provider that include opinions by the care provider regarding the plaintiff's diagnosis, prognosis, impairment, causation, or future treatment needs and costs. The bill defines "care provider" as any physician or surgeon, physician assistant, advanced registered nurse practitioner, mental health professional, dentist, chiropractor, or other person who furnishes health care in the regular course of business.402251_1805402251Iowa1805Medical MalpracticeHSB2302009-201002/25/200905/20/200903/04/200903/03/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/Bills/SenateFiles/Introduced/SF201.htmlSB 201 provides that a licensed physician acting as a volunteer emergency medical services director shall not be liable for any civil damages for acts or omissions occurring in the performance of the director's volunteer duties unless such acts or omissions constitute recklessness or willful and wanton misconduct.399138_1805399138Iowa1805Medical MalpracticeSB2012009-201002/19/200905/20/200902/25/200902/24/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/Bills/SenateFiles/Introduced/SF244.htmlSB 244 provides a credit against the individual and corporate income taxes, franchise tax, insurance premiums tax, and moneys and credits tax for a portion of a taxpayer's costs incurred in providing a Certified Small Business Wellness Program to employees. The bill includes details regarding the amount of tax credit, as well as eligibility guidelines. In addition, the bill indicates that the credit non-refundable or transferable, but allows taxpayers to carry forward excess credit for five years. The bill also includes procedures for claiming such credit, and provides standards for an unspecified Department's issuance of tax credit certificates, and allows the Department to charge a fee not to exceed $50 per application to cover administrative costs.402323_968402323Iowa968Disease ManagementSB2442009-201002/25/200905/20/200904/08/200902/26/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/enrolled/SF389.htmlSB 389 requires the Department of Human Services to provide Medicaid or Hawk-I coverage to all children under the age of 19 that meet eligibility requirements if federal participation is, or becomes, available. The bill requires the Department of Human Services to expand Medicaid coverage for pregnant women with income up to 300 percent of the poverty level beginning July 1, 2009.410309_4763410309Iowa4763Medicaid/SCHIP EligibilitySB3892009-201003/10/200905/20/200905/21/200905/19/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/enrolled/SF389.htmlSB 389 creates the Iowa Choice Insurance Exchange. The Exchange is required to design and implement a health care coverage program called Iowa Choice to offer private health care coverage that meets certain minimum standards of quality and affordability with options to purchase at least three levels of benefits. The Exchange will also design and administer a subsidy program for payment of premiums for health care coverage for low-income people that complements Medicaid and includes cost-sharing by the insured using a sliding scale based on income utilizing the federal poverty level guidelines.410309_4767410309Iowa4767Purchasing PoolsSB3892009-201003/10/200905/20/200905/21/200905/19/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/Bills/SenateFiles/Introduced/SF391.htmlSB 391 authorizes the issuance of a policy of group health insurance by a carrier to a health benefit purchasing cooperative provided that certain requirements are met. There must be a single policy of group health insurance coverage that is issued to a health benefit purchasing cooperative to provide health insurance to members and eligible employees of members of the cooperative and to their spouses and dependents. The health benefit purchasing cooperative must be organized on a membership basis with no capital stock for the purpose of providing health care benefits for individuals who meet specified membership criteria. Any person doing business, located in, with a principal office in, or residing in the geographic area in which the cooperative is organized must be offered membership.410556_4767410556Iowa4767Purchasing PoolsSB3912009-201003/10/200905/20/200903/12/200903/11/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/Bills/SenateFiles/Introduced/SF48.htmlSB 48 establishes the Iowa Health Care Coverage Partnership Program in the Department of Administrative Services (DAS). The program allows employees, public officials, and retired employees of a non-state public employer, and employees of a nonprofit employer, or small employer to be considered state employees for the purpose of enrolling in a state health or medical group insurance plan provided to state employees by DAS and requires such participating employees and public officials to be pooled with state employees in the state plan. Also concerns eligibility for employers and premium payments.382100_4767382100Iowa4767Purchasing PoolsSB482009-201001/27/200905/20/200903/03/200901/28/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/Bills/SenateFiles/Introduced/SF48.htmlSB 48 directs the Department of Human Services (DHS) to provide state only funded medical assistance or Hawk-I coverage, as appropriate to individuals under 19 years of age who meet income eligibility requirements under the respective program. The bill provides for coverage under the Medicaid program of a pregnant woman with a family income of up to 300 percent of the federal poverty level, beginning July 1, 2009. The bill includes provisions to improve access to and retention in the Medicaid and Hawk-I programs. The bill provides for presumptive eligibility for children under the Medicaid and Hawk-I programs beginning July 1, 2009, and for one pay stub verification as verification of income for these programs when it is indicative of future income.382100_4763382100Iowa4763Medicaid/SCHIP EligibilitySB482009-201001/27/200905/20/200903/03/200901/28/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/all other/SSB1094.htmlSSB 1094 stipulates that any party in a civil action, in which a plaintiff claims that health care treatment was necessitated, may offer the records and billing statements of a care provider who provided treatment into evidence, including the care provider's opinions on diagnosis and care. Any party intending to offer such records or billing statements must notify all parties of the party's intent to do so and must provide all other parties with copies of the appropriate records and billing statements.381221_1805381221Iowa1805Medical MalpracticeSSB10942009-201001/26/200905/20/200902/05/200902/10/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/all other/SSB1230.htmlSB 1230 revises certain appropriations and to appropriates federal funds made available by federal block grants, and other federal grants. The bill allocates portions of federal block grants and provides procedures if federal funds are more or less than anticipate or if federal block grants are more or less than anticipated.397901_968397901Iowa968Disease ManagementSSB12302009-201002/18/200905/20/200904/11/200904/09/2009Introducednew http://coolice.legis.state.ia.us/Legislation/83rdGA/all other/SSB1280.htmlSB 1280, an appropriations bill, provides that a previously approved expansion of eligibility for medical assistance to families with incomes up to 300 percent of the federal poverty line may be delayed if funding is insufficient.405538_4763405538Iowa4763Medicaid/SCHIP EligibilitySSB12802009-201003/02/200909/01/200903/11/200903/03/2009Introducednew http://www.kslegislature.org/bills/2010/2198.pdfHB 2198 requires insurers that offer small group health plans to offer a high deductible health plan (HDHP). The bill also amends current law to allow small employers that offer health benefit plans to offer all eligible individuals the option of receiving health care coverage through an HDHP and the establishment of a health savings account (HSA). Additionally, employers that provide health insurance coverage for which any portion of the premium is payable by an employee may provide a health benefit plan that includes a premium-only cafeteria plan. The bill also requires the State Health Care Benefit Program to offer a HDHP and HSA. The plan shall be issued beginning with the 2010 plan year.386209_4760386209Kansas4760High Deductible Health PlansHB21982009-201002/02/200905/20/200902/21/200902/20/2009Introducednew http://www.kslegislature.org/bills/2010/2264.pdfHB 2264 amends provisions to allow a court or jury to award such damages as are found to be fair and just under the facts and circumstances in any wrongful death action. According to the bill, this provision applies only to wrongful death actions based upon a cause of action accruing on or after Jul. 1, 2009. The bill also indicates that certain limiting provisions apply only to a wrongful death action based upon a cause of action accruing on or before June 30, 2009.389284_1805389284Kansas1805Medical MalpracticeHB22642009-201002/04/200905/20/200902/06/200902/05/2009Introducednew http://www.kslegislature.org/bills/2010/32.pdfSB 32 indicates that no oral or written statements or notations, affirmations, gestures, conduct or benevolent acts including waiver of charges for medical care provided, expression of apology, fault, sympathy, commiseration, condolence or compassion that a health care provider or a health care provider's employee makes to a patient, a relative of a patient or a representative of the patient and which relate to the discomfort, pain, suffering, injury or death of the patient as the result of the unanticipated outcome of medical care is not to be admissible as evidence of an admission or liability or as evidence of an admission against interest.382594_1805382594Kansas1805Medical MalpracticeSB322009-201001/15/200905/20/200901/28/200901/23/2009Introducednew http://www.lrc.state.ky.us/record/09rs/HB434/bill.docHB 434 provides that no persons rendering emergency services or medical care during a declared emergency within the declared disaster area shall be liable in civil damages for acts performed in rendering those services or care unless such acts constitute willful or wanton misconduct, regardless of whether the services are rendered for remuneration.395407_1805395407Kentucky1805Medical MalpracticeHB434200902/12/200905/20/200902/25/200903/26/2009Introducednew http://www.lrc.state.ky.us/record/09rs/SB137/bill.docSB 137 states that no physician or physician assistant, registered or practical nurse, or emergency medical technician shall be liable in civil damages for administering care or treatment while accompanying a public law enforcement agency on official activities, unless such acts constitute willful or wanton misconduct, or gross negligence.394571_1805394571Kentucky1805Medical MalpracticeSB137200902/12/200905/20/200902/25/200903/26/2009Introducednew http://www.legis.state.la.us/billdata/streamdocument.asp?did=640916HB 205 provides that in addition to any other limitation in accordance with law, recovery of medical or health care expenses in civil cases is limited to the amount actually paid or that which has been incurred and will be paid by or on behalf of the claimant.419951_1805419951Louisiana1805Medical MalpracticeHB205200904/07/200905/20/200904/28/200906/25/2009Introducednew http://www.legis.state.la.us/billdata/streamdocument.asp?did=641089HB 224 increases the malpractice recovery cap from $500,000 to $750,000 (exclusive of economic losses, loss of earnings, and loss of earning capacity). The bill also increases the limitations provided for in present law from $100,000 to $150,000, subject to an annual adjustment up to 4 percent (increase or decrease) based on the U.S. Consumer Price Index. The adjustment would then be subject to yearly adjustments based on the annual change in the CPI by October and be effective the next January 1.419950_1805419950Louisiana1805Medical MalpracticeHB224200904/07/200905/20/200904/28/200906/25/2009Introducednew http://www.legis.state.la.us/billdata/streamdocument.asp?did=660470HB 671 adds nurse practitioner and clinical nurse specialist to the Medical Malpractice Act.421301_1805421301Louisiana1805Medical MalpracticeHB67120091404/16/200905/20/200906/10/200906/09/200908/15/2009Introducednew http://www.legis.state.la.us/billdata/streamdocument.asp?did=635671HB 7 authorizes a credit against the individual income tax for 25 percent of the amount paid as premiums for individual or family health and accident insurance. The the credit shall not exceed the total tax liability in any taxable year.392875_4768392875Louisiana4768Refundable Tax CreditHB7200902/09/200905/20/200905/21/200906/25/2009Introducednew http://www.legis.state.la.us/billdata/streamdocument.asp?did=653089HB 72 defines patient-related service as any act or rendered service relating to supervision, monitoring, daily living or hygiene assistance, or risk of falling, unless the act or service is generally available for coverage under commercial general liability insurance policies, the Louisiana Nursing Home Association Malpractice and General Liability Trust, or the Louisiana Hospital Association Malpractice and General Liability Trust.416226_1805416226Louisiana1805Medical MalpracticeHB72200903/20/200905/20/200905/28/200905/27/2009Introducednew http://www.legis.state.la.us/billdata/streamdocument.asp?did=667922SB 106 states that any health care provider or health care personnel who renders or fails to render health care services shall not be liable for any civil damages to a person for any injury or death or psychological trauma suffered by such person in the course of and as a result of an evacuation, sheltering, transportation or repopulation of a health care provider- facility during a declared state of emergency, unless the damages are caused by gross negligence or willful and wanton misconduct.421095_1805421095Louisiana1805Medical MalpracticeSB106200923104/15/200905/20/200907/07/200907/01/200907/01/2009Introducednew http://www.legis.state.la.us/billdata/streamdocument.asp?did=668927SB 246 establishes the Electronic Health Records Loan Program and includes details regarding program goals and funding. Loans are allowed to providers for investments in health information technology, specifically to improve the quality of care of for Louisianans.421454_3064421454Louisiana3064Health ITSB246200948904/17/200905/20/200907/14/200907/10/200907/01/2009Introducednew http://www.legis.state.la.us/billdata/streamdocument.asp?did=649604SB 340 provides that an individual or family shall be allowed a credit against Louisiana personal income tax due in a taxable year for the amount of health insurance premiums paid by an individual or joint filer where the income of the filer is less than 300 percent of the poverty level and where the insured, or the insured's spouse, is not offered coverage from his or her employer and where the insured is not entitled to be enrolled in the LaChip program.424120_4768424120Louisiana4768Refundable Tax CreditSB340200905/06/200905/20/200906/16/200906/25/2009Introducednew http://www.mainelegislature.org/legis/bills/bills_124th/chapdocs/PUBLIC169.rtfLD 1073 provides coverage of health care services delivered through telemedicine. This law allows for insurer approval of telemedicine networks, deductibles, copayments, and coinsurance as in-person health services.414303_3064414303Maine3064Health ITLD10732009-201016903/17/200905/20/200905/22/200905/12/2009Introducednew http://www.mainelegislature.org/legis/bills/bills_124th/billdocs/HP075301.rtfLD 1091 repeals the individual health insurance provisions relating to rating and reinsurance enacted as part of Public Law 2007, chapter 629 because the funding sources for those provisions were repealed by people's veto in November 2008. In their place, the bill makes the following changes to the individual and small group health insurance laws: 1. It amends guaranteed issuance and community rating for individual and small group health plans; and 2. It creates the Maine High-risk Reinsurance Pool Association. The purpose of the association is to provide reinsurance to spread the cost of high-risk individuals and small groups among all health insurers. The bill funds the high-risk reinsurance pool through an assessment on insurers.414960_4767414960Maine4767Purchasing PoolsLD10912009-201003/25/200905/20/200905/06/200905/05/2009Introducednew http://www.mainelegislature.org/legis/bills/bills_124th/billdocs/SP044001.rtfLD 1192 requires a statute of limitations for actions for professional negligence regarding health care providers and health care practitioners of three years after the negligence is discovered but in no event more than six years after the cause of the action accrues.416972_1805416972Maine1805Medical MalpracticeLD11922009-201003/25/200905/20/200905/13/200905/12/2009Introducednew http://www.mainelegislature.org/legis/bills/bills_124th/billdocs/HP083101.rtfLD 1206 establishes the Comprehensive Health Insurance Risk Pool Association to become the mechanism that provides guaranteed access to individual health insurance coverage. This law requires Dirigo Health apply an asset limit that is three times the limit applied by MaineCare to determine eligibility for subsidies in addition to the requirement that an individual's income be under 300 percent of the poverty level. This law also allows a maximum rate differential for individual health plans on the basis of age, occupation, or industry and geographic area of 4:1 and a maximum rate differential on the basis of health status 1:5:1.417166_4767417166Maine4767Purchasing PoolsLD12062009-201003/26/200905/20/200906/03/200906/02/2009Introducednew http://www.mainelegislature.org/legis/bills/bills_124th/billdocs/HP095601.rtfLD 1366 provides coverage of health care services delivered through telemedicine. This bill allows deductibles, co-payments, and coinsurance the same as for in-person health services and provides for coverage consistent with in-person health care services.418805_3064418805Maine3064Health ITLD13662009-201004/02/200905/20/200904/15/200904/14/2009Introducednew http://www.mainelegislature.org/legis/bills/bills_124th/chapdocs/PUBLIC387.rtfLD 1490 is emergency legislation amending the law on the confidentiality of patient health care information by adding a health information exchange to the provision that allows health care practitioners and health care facilities to disclose information to agents, employees and contractors of practitioners and facilities to carry out the usual and customary activities relating to the delivery of health care and for the purposes of billing, risk management, quality assurance, utilization review and peer review. The bill provides an opt-out mechanism for individuals. The bill authorizes the MaineCare program to transfer that same information for the purposes of diagnosis, treatment or care of MaineCare members while retaining protection for sensitive health information that is controlled by other provisions of state or federal law and providing an opt-Out mechanism for members.427087_3064427087Maine3064Health ITLD14902009-201038706/10/200906/11/200906/17/200906/11/2009Introducednew http://www.mainelegislature.org/legis/bills/bills_124th/billdocs/HP020301.rtfLD 257 requires the Maine Quality Forum to establish a Health Technology Assessment Program to make determinations as to which health technologies and health care services are to be included as covered benefits in publicly funded health care plans. The bill also establishes the Health Technology Clinical Committee, a 5-member committee of health care providers, to conduct the assessments and make the coverage determinations based on reviews of scientific evidence.380962_3064380962Maine3064Health ITLD2572009-201001/27/200905/20/200906/17/200906/15/2009Introducednew http://www.mainelegislature.org/legis/bills/bills_124th/billdocs/SP019001.rtfLD 491 eliminates the pre-litigation screening panel requirement for medical malpractice claims.394067_1805394067Maine1805Medical MalpracticeLD4912009-201002/12/200905/20/200904/16/200904/15/2009Introducednew http://www.mainelegislature.org/legis/bills/bills_124th/billdocs/SP024401.rtfLD 670 provides an income tax deduction for health insurance premiums not otherwise deducted for individual taxpayers and their dependents.398920_4768398920Maine4768Refundable Tax CreditLD6702009-201002/24/200905/20/200905/22/200905/21/2009Introducednew http://www.mainelegislature.org/legis/bills/bills_124th/billdocs/SP027901.rtfLD 729 issues a $10,000,000 bond to provide funds to create a system to allow for real-time access of up-to-data concerning medical records and accessibility between hospitals and health care providers in the state.401702_3064401702Maine3064Health ITLD7292009-201002/24/200905/20/200906/09/200906/08/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0101e.pdfHB 101 supplements coverage under the Medical Assistance Program beyond eligibility requirements.377224_4763377224Maryland4763Medicaid/SCHIP EligibilityHB101200948701/21/200905/20/200905/20/200905/19/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0101e.pdfHB 101 appropriates money for the Maryland Health Insurance Program. The bill authorizes funds from the hospital averted uncompensated care assessment to be used to reimburse the Department of Health and Mental Hygiene (DHMH) for subsidizing the plan costs of Maryland Health Insurance Plan (MHIP) members under a new Medicaid waiver program. DHMH plans to seek a new Medicaid waiver to subsidize the plan costs of MHIP members with incomes up to 200 percent of federal poverty guidelines. The waiver is contingent on approval of the federal Centers for Medicare and Medicaid Services.377224_4767377224Maryland4767Purchasing PoolsHB101200948701/21/200905/20/200905/20/200905/19/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb1157f.pdfHB 1157 requires licensed physicians to notify in writing, and on each visit, if the licensee does not have professional liability insurance or the coverage has lapsed and has not been renewed. The written notification must be signed by the patient at the time of the visit, and retained as part of the licensee's patient records. This act also requires licensee's practicing medicine who do not maintain professional liability insurance to conspicuously post that information in the licensee's place of practice.395501_1805395501Maryland1805Medical MalpracticeHB1157200902/13/200905/20/200902/28/200903/03/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb1186f.pdfHB 1186 includes provisions to administer a statewide system to secure medical records and promote the use of technology by providers and hospitals, etc.395391_3064395391Maryland3064Health ITHB1186200902/13/200903/01/200903/05/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb1186f.pdfHB 1186 establishes a single-payor Maryland Health System in part to reduce medical errors and resolve provider shortages.395391_1805395391Maryland1805Medical MalpracticeHB1186200902/13/200903/01/200903/05/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb1186f.pdfHB 1186 establishes a single-payor Maryland Health System to provide comprehensive coverage available to all residents that is not dependent on employment395391_4767395391Maryland4767Purchasing PoolsHB1186200902/13/200903/01/200903/05/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb1538t.pdfHB 1538 authorizes a nonprofit health service plan to limit the issuance of its high deductible health plan or issue a limited benefit health insurance contract without evidence of individual insurability to specified individuals and their family members in Cecil, Harford, and Kent counties. The bill takes effect July 1, 2009, and terminates June 30, 2012. The bill applies to all high deductible health plans and limited benefit health insurance contracts issued or delivered by a nonprofit health service plan in the State on or after July 1, 2009.409925_4760409925Maryland4760High Deductible Health PlansHB1538200903/09/200905/20/200904/14/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0155t.pdfHB 155 requires physicians to maintain $500,000 per claim or $1,500,000 per annual aggregate in professional liability insurance as a condition of licensure and to notify the Board of Physicians prior to canceling the insurance. Physicians without adequate insurance will have their licenses revoked.379907_1805379907Maryland1805Medical MalpracticeHB155200901/23/200905/20/200904/13/200904/11/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0237f.pdfHB 237 limits non-economic damages for a personal injury action to $665,000, and for a wrongful death action to $710,000, concerning health care malpractice on a cause of action arising on or after October 1, 2009.383708_1805383708Maryland1805Medical MalpracticeHB237200901/28/200905/20/200901/29/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0279f.pdfHB 279 renders an expression of regret or apology made by a health care provider to an alleged victim, regardless of the form of communication, inadmissible as evidence of an admission of liability or an admission against interest in a malpractice proceeding or civil action against the health care provider. An admission of liability or fault within the communication is admissible as evidence.383712_1805383712Maryland1805Medical MalpracticeHB279200901/29/200905/20/200902/14/200902/16/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0280f.pdfHB 280 renders an expression of regret or apology made by a health care provider to an alleged victim, the alleged victim's family, or any individual who claims damages by or through the alleged victim; outside the presence of any other individual; inadmissible as evidence of an admission of liability or an admission against interest in a malpractice proceeding or civil action against the health care provider regardless of the form of communication. An admission of liability or fault within the communication is admissible as evidence.383640_1805383640Maryland1805Medical MalpracticeHB280200901/29/200905/20/200902/14/200902/16/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0706t.pdfHB 706 requires the Maryland Health Care Commission and the Health Services Cost Review Commission to designate a health information exchange for the state. The bill directs the Health Care Commission, following consultation with certain stakeholders, to post a report on certain aspects of Health Information Technology for public comment. It requires the Health Care Commission, on or before a certain date and in consultation with the Department of Health and Mental Hygiene and others, to adopt regulations that require certain payors to provide incentives to health care providers to promote the adoption and certain use of electronic health records. The bill specifies that the regulations need not require incentives for certain types of health care providers, and requires the regulations to apply to certain entities in specified circumstances.391484_3064391484Maryland3064Health ITHB706200968902/09/200905/20/200905/20/200905/19/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0818f.pdfHB 818 requires the Secretary of Budget and Management to designate a wellness coordinator to create and develop a wellness program for state employees and retirees. The wellness program may incorporate active disease management along with education targeted towards the most costly and common health claims, risk assessment tools, strategies to promote health-related resources, and participation incentives.393257_968393257Maryland968Disease ManagementHB818200902/11/200905/20/200902/26/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0860f.pdfHB 860 renames the Maryland Health Insurance Plan the Healthy Maryland Program. This law also establishes requirements for program enrollment and coverage, the status and purpose of the program, and a board of directors with specified powers and responsibilities. The bill requires each resident without access to employer-sponsored health care coverage to obtain creditable coverage through the program beginning Jan. 1, 2010, and provides details regarding taxes applicable for individuals failing to maintain continuous health care coverage for themselves and their dependent children. In addition to outlining requirements applicable to participating carriers, the bill includes details regarding the community rates for program coverage.394228_4762394228Maryland4762Individual MandateHB860200902/12/200905/20/200903/05/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0860f.pdfHB 860 requires that any employer that has 9 or more full time employees and does not offer a group health plan is required to pay a per-employee contribution to the Healthy Maryland Program.394228_4758394228Maryland4758Employer MandateHB860200902/12/200905/20/200903/05/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0951f.pdfHB 951 establishes the Maryland Health Insurance Pool (MHIP) as an independent unit of State government governed by a Board of Directors to act as a mechanism for purchasers in the individual and small group insurance markets to obtain affordable health care coverage. The bill also puts forward several other provisions regarding MHIP.394113_4767394113Maryland4767Purchasing PoolsHB951200902/12/200905/20/200903/05/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0951f.pdfHB 951 requires that each taxpayer indicate on the State income tax return the presence of health care coverage for the individual, each spouse in the case of a married couple, and each dependent child. The bill states that if a taxpayer and each dependent child do not maintain continuous health care coverage during the taxable year, the taxpayer must pay a tax penalty.394113_4762394113Maryland4762Individual MandateHB951200902/12/200905/20/200903/05/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/hb/hb0951f.pdfHB 951 expands Medicaid eligibility, beginning July 1, 2009, to (1) parents and caretaker relatives who have a dependent child living in the home and annual household income up to 300 percent FPG; and (2) childless adults with annual household incomes at or below 200 percent FPG. Parents or caretaker relatives with annual household income between 200 and 300 percent FPG must pay a $50 per month premium that cannot exceed 4 percent of household income. Individuals eligible for Medicaid who are offered employer-sponsored health insurance may remain in Medicaid or opt for premium assistance.394113_4763394113Maryland4763Medicaid/SCHIP EligibilityHB951200902/12/200905/20/200903/05/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0505f.pdfSB 505 limits non-economic damages for a personal injury action to $665,000, and for a wrongful death action to $710,000, concerning health care malpractice on a cause of action arising on or after October 1, 2009.387688_1805387688Maryland1805Medical MalpracticeSB505200902/04/200905/20/200903/21/200903/23/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0515f.pdfSB 515 requires each resident without access to employer-sponsored health care coverage to obtain creditable coverage through the Maryland Health Insurance Plan Healthy Maryland Program beginning Jan. 1, 2010, and provides details regarding taxes applicable for individuals failing to maintain continuous health care coverage for themselves and their dependent children.388860_4762388860Maryland4762Individual MandateSB515200902/05/200905/20/200902/12/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0515f.pdfSB 515 establishes the Maryland Health Insurance Plan Healthy Maryland Program as a nonprofit entity to decrease uncompensated care costs by providing access to affordable comprehensive health benefits for medically uninsurable residents.388860_4767388860Maryland4767Purchasing PoolsSB515200902/05/200905/20/200902/12/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0577f.pdfSB 577 requires the Maryland Children's Health Program to provide comprehensive medical and other health care services to an individual who has a family income at or below 300 percent of the poverty guidelines and who is under the age 19 years.390924_4763390924Maryland4763Medicaid/SCHIP EligibilitySB577200902/06/200905/20/200902/12/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0705f.pdfSB 705 establishes a Blue Ribbon Commission on Health Improvement and Disease Prevention, staffed by the Department of Health and Mental Hygiene, to consider incentives to help state residents improve their health and mitigate the risk of debilitating disease.391829_968391829Maryland968Disease ManagementSB705200902/06/200905/20/200902/26/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0744t.pdfSB 744 requires the Maryland Health Care Commission and the Health Services Cost Review Commission to designate a health information exchange for the state. The bill directs the Health Care Commission, following consultation with certain stakeholders, to post a report on certain aspects of Health Information Technology for public comment. It requires the Health Care Commission to adopt regulations that require certain payors to provide incentives to health care providers to promote the adoption and certain use of electronic health records. The bill specifies that the regulations need not require incentives for certain types of health care providers, and requires the regulations to apply to certain entities in specified circumstances.391485_3064391485Maryland3064Health ITSB744200902/06/200905/20/200904/13/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0756f.pdfSB 756 creates the Maryland Health Insurance Exchange to provide a choice of health insurance plans to participating individuals and employer groups. The Exchange director must develop and administer a program that will offer all eligible individuals the opportunity to purchase a health benefit plan through the Exchange. The Exchange is responsible for providing descriptions of the coverage, benefits, limitations, copayments, and premiums for all participating plans. It must collect and transmit to the participating plans all premium payments or contributions made by participating individuals or employers. The measure renames the Maryland Small Employer Health Reinsurance Pool, the Health Insurance Risk Transfer Pool. The Pool may enter into an agreement with a self-funded health benefit plan to permit the plan to be a reinsuring carrier for all primary insured covered by the plan who are state residents or employed in the State, and covered dependents. Any plan offered through the Exchange shall be allowed to reinsure claims with the Pool.391881_4767391881Maryland4767Purchasing PoolsSB756200902/06/200902/06/200903/09/200903/09/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0756f.pdfSB 756 provides for individual tax credits against the State income tax for insurance premiums paid by an individual for Maryland Health Insurance Exchange health insurance coverage.391881_4768391881Maryland4768Refundable Tax CreditSB756200902/06/200902/06/200903/09/200903/09/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0813f.pdfSB 813, in part, states that each taxpayer must indicate on the state income tax return the presence of health care coverage for the individual, each spouse in the case of a married couple, and each dependent child. If a taxpayer and each dependent child do not maintain continuous health care coverage during the taxable year, the taxpayer must pay a tax penalty. For tax year 2010, the penalty is 10 percent of the average premium that the taxpayer would pay for a basic plan offered through the pool or, for a married couple filing a joint return, 10 percent of the average premium for a basic plan that covers both spouses and any dependent children who lack creditable coverage. For tax year 2011, the penalty is 30 percent of the average premium. For tax year 2012 and subsequent years, the penalty is 50 percent of the average premium.391840_4762391840Maryland4762Individual MandateSB813200902/06/200905/20/200902/27/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0813f.pdfSB 813, in part, establishes the Maryland Health Insurance Pool (MHIP) as an independent unit of State government governed by a board of directors to act as a mechanism for purchasers in the individual and small group insurance markets to obtain affordable health care coverage. The bill repeals the MHIP and instead merges the individual and small group health insurance markets within the pool. The bill states that each health benefit plan offered through the pool must be offered on a guaranteed-issue and guaranteed-renewal basis, with no preexisting condition limitations or medical underwriting. The bill also states that community rating must be used for all health benefit plans, without regard to any factor other than age. The bill allows that carriers may charge a rate that is 50 percent above or below the community rate and that rates may vary based on family composition. The bill states that beginning January 1, 2011, the pool must be the sole mechanism for creditable coverage for an individual without access to employer-sponsored coverage and employees of small employers. The bill states that the MHIP must offer, through its participating carriers, multiple health benefit plans for choice by individual enrollees. Plans must be classified as a basic plan, a typical plan, or a generous plan. All carriers must offer at least a basic plan. The bill states that participating carriers have to make certain information available to enrollees upon enrollment and annually thereafter. The bill also states that the pool must subsidize coverage for enrollees that (1) have family incomes up to 400 percent of federal poverty level; and (2) are either without access to employer-sponsored coverage or are employed by a small employer (less than 100 employees) that participates in the pool.391840_4767391840Maryland4767Purchasing PoolsSB813200902/06/200905/20/200902/27/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0813f.pdfSB 813, in part, expands Medicaid eligibility, beginning July 1, 2009, to (1) parents and caretaker relatives who have a dependent child living in the home and annual household income up to 300 percent of the federal poverty level (FPL); and (2) childless adults with annual household incomes at or below 200 percent FPL. Parents or caretaker relatives with annual household income between 200 and 300 percent FPL must pay a $50 per month premium that cannot exceed 4 percent of household income. Individuals eligible for Medicaid who are offered employer-sponsored health insurance may remain in Medicaid or opt for premium assistance. If an individual is offered employer-sponsored health insurance from an employer with more than 100 employees, Medicaid must pay 100 percent of the employee share of the premium. If the employer has 100 or fewer employees, Medicaid must pay a specified subsidy. Individuals eligible for Medicaid who do not have access to employer-sponsored health insurance may remain in Medicaid or opt for premium assistance for coverage under the pool.391840_4763391840Maryland4763Medicaid/SCHIP EligibilitySB813200902/06/200905/20/200902/27/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0813f.pdfSB 813, in part, subsidizes electronic health record systems for hospitals and physician group practices. Such systems shall meet guidelines for electronic care management systems.391840_3064391840Maryland3064Health ITSB813200902/06/200905/20/200902/27/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0843f.pdfSB 843 requires the Secretary of Budget and Management to designate a wellness coordinator to develop a wellness program to improve the health and wellness of state employees and retirees. The bill requires each state agency to designate a wellness liaison. The bill states that the wellness coordinator must maintain a list of Internet links to health resources, design an outreach campaign, and study the participation of employees and retirees in state wellness programs. The bill also requires the coordinator to report annually to the governor and the general assembly, beginning July 1, 2010, on the operation and performance of the wellness program.391841_968391841Maryland968Disease ManagementSB843200902/06/200905/20/200902/26/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0881f.pdfSB 881 establishes a single payor system to provide universal health care coverage. It creates the Maryland Health System Administrative Board to administer a statewide system of secure electronic medical records, an electronic claim and payment system and standardized claim forms and reporting methods to the extent permitted by state and federal privacy laws.391842_3064391842Maryland3064Health ITSB881200902/06/200903/01/200902/12/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0881f.pdfSB 881, in part, establishes a Health Policy Board to approve a plan to provide malpractice insurance to all licensed health care providers who are participants in the Maryland Health System created in the Act.391842_1805391842Maryland1805Medical MalpracticeSB881200902/06/200903/01/200902/12/200904/13/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0882f.pdfSB 882 requires licensed physicians to notify in writing, and on each visit, if the licensee does not have professional liability insurance or the coverage has lapsed and has not been renewed. The written notification must be signed by the patient at the time of the visit, and retained as part of the licensee's patient records. This act also requires licensee's practicing medicine who do not maintain professional liability insurance to conspicuously post that information in the licensee's place of practice.391886_1805391886Maryland1805Medical MalpracticeSB882200902/06/200905/20/200903/21/200903/23/2009Introducednew http://mlis.state.md.us/2009rs/bills/sb/sb0906f.pdfSB 906 renders an expression of regret or apology made by a health care provider, regardless of the form of communication, inadmissible as evidence of an admission of liability or an admission against interest in a malpractice proceeding or civil action against the health care provider. An admission of liability or fault within the communication is admissible as evidence.394119_1805394119Maryland1805Medical MalpracticeSB906200902/12/200905/20/200902/12/200904/13/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01028.htmHB 1028 requires the group insurance commission to provide coverage to any active or retired employee of the Commonwealth for the management and treatment of asthma, including inhaler spacers, nebulizers, peak flow meters, allergen proof bed covers, HEPA vacuums and filters, and integrated pest management services. The bill states that this coverage also applies to asthma education and chronic disease management.408454_968408454Massachusetts968Disease ManagementHB10282009-201001/20/200905/20/200903/09/200905/11/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01064.htmHB 1064 establishes a computerized physician order entry fund for community hospitals. The fund is designed to develop grant award criteria for funding physician education and training in the community hospital setting.408785_3064408785Massachusetts3064Health ITHB10642009-201001/20/200905/20/200907/10/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01073.htmHB 1073 postpones the creditable coverage mandate for residents 18 and over until July 1, 2010. The Massachusetts Health Care Plan that was established in 2006 required that all residents that could afford creditable coverage to acquire it by July 1, 2007 or else face a penalty. This bill will allow another year for residents to acquire appropriate creditable coverage.408821_4762408821Massachusetts4762Individual MandateHB10732009-201001/20/200905/20/200905/21/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht00/ht00108.htmHB 108 specifies the health care powers given to agencies within the state in case of an emergency. It states that during such public health emergency or state of emergency, any person who renders assistance or advice during the emergency shall be protected from liability.408521_1805408521Massachusetts1805Medical MalpracticeHB1082009-201001/20/200905/20/200903/09/200904/06/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01084.htmHB 1084 creates a health reform employer responsibility revenue program under the authority of the Secretary of Administration and Finance and the Secretary of Health and Human Services. The program is designed to increase revenue available to fund health programs, including the Commonwealth Care Health Insurance Program. The Division of Health Care Finance and Policy and the Department of Workforce Development shall assess employers a health benefit compensation payment for each employee enrolled in the Commonwealth Care Health Insurance Program. Employers subject to the health benefit compensation payment shall receive a credit against the amount due under this section for any fair share employer contributions paid. The bill provides that the annual fair share employer contribution shall be increased to take into account the cost to the state of covering employees of non-contributing employers under the Commonwealth Care Health Insurance Program.408596_4758408596Massachusetts4758Employer MandateHB10842009-201001/20/200905/20/200906/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01097.htmHB 1097 establishes a Computerized Physician Order Entry (CPOE) Community Hospital Fund via existing funding sources. The bill transfers fifty percent of the surplus, if any, contained in the health safety net fund to a CPOE Community Hospital Fund. The bill prioritizes grants from the existing E-Health Institute Fund for CPOE implementation in community hospitals. Further, the bill indicates that the greater of $5,000,000 or thirty percent of the funds available to the E-Health Institute Fund be expended to provide grants for the implementation of computerized physician order entry systems in community hospitals.408847_3064408847Massachusetts3064Health ITHB10972009-201001/20/200905/20/200907/10/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01102.htmHB 1102 empowers the Division of Health Insurance to require all health insurers and health maintenance organizations doing business in the Commonwealth to identify recipients of medical assistance or health care services funded through the uncompensated care pool. The division is then required to ascertain who is responsible for supporting these recipients, and ascertain who are the beneficiaries under any policy for health insurance or parties to any health maintenance contract in force in the Commonwealth. This law empowers the Department of Public Welfare and the Division of Health Care Finance and Policy to provide information to the extent sufficient to allow all insurers to identify such recipients.408552_4767408552Massachusetts4767Purchasing PoolsHB11022009-201001/20/200905/20/200906/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01306.htmHB 1306 changes the start of the running of the statute of limitations for a medical malpractice complaint involving minors from the occurrence of the alleged injury to the time the discovery of the act or omission upon which the alleged cause of the injury is based.408826_1805408826Massachusetts1805Medical MalpracticeHB13062009-201001/20/200905/20/200903/09/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01332.htmHB 1332 changes the 182 day waiting period to file a lawsuit for damages to 91 days, if certain reporting conditions are met. This act also requires the health insurer to respond to a claim within 154 days after the receipt of notice.408827_1805408827Massachusetts1805Medical MalpracticeHB13322009-201001/20/200905/20/200903/09/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01388.htmHB 1388 requires any expert witness in a medical malpractice case be board certified in the same specialty as the defendant physician. This act also stipulates that offering expert testimony constitutes practicing medicine.408831_1805408831Massachusetts1805Medical MalpracticeHB13882009-201001/20/200905/20/200903/09/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01389.htmHB 1389 establishes standards for expert witnesses in medical malpractice actions by providing that the witness must be board certified in the same specialty as the defendant and that the giving of expert testimony constitutes the practice of medicine. It establishes annual requirements for reporting categories of losses by physician medical malpractice insurers or risk management organizations in order to develop evidence-based best practices to reduce medical errors and enhance patient safety. It makes mandatory that the court, at the request of either party in a medical malpractice action, order judgments above $50,000 to be paid in whole or in part in periodic payments and requiring an inadequately insured defendant to post security adequate to ensure full payment of damages. Defendants failing to make periodic payments shall be held in contempt of court and liable for plaintiff's costs and damages related to that failure. Interest shall be added to the pecuniary or compensatory damages awarded to the plaintiff. In any malpractice action the liability of each defendant for damages shall be several only and not joint and allocated according to that defendant's percentage of fault.408919_1805408919Massachusetts1805Medical MalpracticeHB13892009-201001/20/200905/20/200903/09/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01474.htmHB 1474 requires attorney fees rendered on behalf of a claimant or defendant in a medical negligence or any other personal injury cases to be fair and reasonable.409622_1805409622Massachusetts1805Medical MalpracticeHB14742009-201001/20/200905/20/200905/29/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01519.htmHB 1519 requires the plaintiff to carry the burden of proof in any action for malpractice, negligence, omission, mistake, or unauthorized rendering of professional services. The act requires proof of the recognized standard of acceptable professional practice in that profession, examples of how the defendant allegedly acted with less than or failed to act with ordinary or reasonable care, examples of how the defendant's alleged conduct led directly to the event, and proof that the victim was a patient of the defendant thereby creating a duty of care professional relationship.408937_1805408937Massachusetts1805Medical MalpracticeHB15192009-201001/20/200905/20/200903/09/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01520.htmHB 1520 exempts practicing nurses and physicians administering immunizations, working under the public health program, or being registered by the Commonwealth in the Massachusetts System for Advance Registration of Volunteer Health Professionals, from liability in a medical malpractice or civil suit for damages.408877_1805408877Massachusetts1805Medical MalpracticeHB15202009-201001/20/200905/20/200903/09/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01521.htmHB 1521 requires the amount of damages awarded in any action in which the court renders a verdict, finding, or order for judgment for pecuniary damages for personal injury to be added to the interest at a rate equal to the weekly average 10-year constant maturity treasury yield plus 2 percent even if this sum equals in excess of the maximum allowable by law. The bill amends medical malpractice law to state that in any malpractice case in which a verdict is rendered, interest will be added by the clerk of the court to the amount of damages, from the date of the commencement of the action even though such interest brings the amount of the verdict or finding beyond the maximum liability imposed by law. The bill further amends medical malpractice law to state that for all actions commenced after the effective date of this act, the rate of interest to be applied by the clerk will be at a rate equal to the weekly average 1-year constant maturity Treasury yield plus 24%.408941_1805408941Massachusetts1805Medical MalpracticeHB15212009-201001/20/200905/20/200903/09/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01559.htmHB 1559 requires a hospital, HMO, or a medical or dental services corporation, as well as the plaintiff in a personal injury action to divide costs and expenses incurred in enforcing the liability of the tortfeasor, including attorneys fees and court costs.408942_1805408942Massachusetts1805Medical MalpracticeHB15592009-201001/20/200905/20/200903/09/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01560.htmHB 1560 voids any agreement, waiver, disclaimer, exclusion, or limitation of liability in an employment contract or application that releases a third party from liability for injuries or death within the scope of employment. The bill also prohibits employers from mandating such signing requirements to employees or applicants.408849_1805408849Massachusetts1805Medical MalpracticeHB15602009-201001/20/200905/20/200903/09/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht01/ht01686.htmHB 1686 limits the tort liability of hospitals in death-related cases to $100,000.408733_1805408733Massachusetts1805Medical MalpracticeHB16862009-201001/20/200905/20/200903/09/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht02/ht02020.htmHB 2020 indicates that the greater of $5,000,000 or thirty percent of the funds available to the E-Health Institute Fund be expended to provide grants for the implementation of computerized physician order entry systems in community hospitals.409052_3064409052Massachusetts3064Health ITHB20202009-201001/20/200905/20/200906/06/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht02/ht02028.htmHB 2028 requires medical professionals to provide immediate parental notification upon discovery of medical negligence or error involving a pediatric or minor patient.409058_1805409058Massachusetts1805Medical MalpracticeHB20282009-201001/20/200905/20/200906/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht02/ht02067.htmHB 2067 requires all pharmacies in the Commonwealth to implement and utilize an electronic prescription system by January 1, 2012. It mandates that all electronic health records systems be approved by the Massachusetts e-Health Institute and be compatible with statewide interoperable electronic health records networks. The bill directs the institute to monitor the use of electronic prescription systems, inform physicians of the availability of systems in pharmacies, and instruct physicians in the use of such systems.409046_3064409046Massachusetts3064Health ITHB20672009-201001/20/200905/20/200905/14/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht02/ht02089.htmHB 2089 amends provisions to require the Commissioner of Public Health to develop a tamper-proof prescription pad or electronic system to be utilized by certain licensed individuals. The bill directs the commissioner to make a report of its plan to carry out such provisions to the Senate President, the Speaker of the House, the House and Senate Chairs of the Joint Committee on Public Health and the Joint Committee on Health Care Financing, the Senate Clerk and the House Clerk not longer than six months after its passage.409064_3064409064Massachusetts3064Health ITHB20892009-201001/20/200905/20/200905/14/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht02/ht02115.htmHB 2115 amends provisions to require the Commissioner of Public Health to develop a tamper-proof prescription pad or electronic system to be utilized by certain licensed individuals. The bill directs the Commissioner to make a report of its plan to carry out such provisions to the Senate President, the Speaker of the House, the House and Senate Chairs of the Joint Committee on Public Health and the Joint Committee on Health Care Financing, the Senate Clerk and the House Clerk not longer than six months after its passage.409087_3064409087Massachusetts3064Health ITHB21152009-201001/20/200905/20/200905/14/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht02/ht02126.htmHB 2126 stipulates that no health care provider under public health programs shall be liable in a civil suit for damages as a result of any defect in the immunization or vaccine or any unavoidable risk attendant upon such immunization or vaccine. Health care providers under public health programs can still be found liable for negligently administering immunizations or vaccines, negligent acts, or omissions.409168_1805409168Massachusetts1805Medical MalpracticeHB21262009-201001/20/200905/20/200906/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht02/ht02723.htmHB 2723 allows a tax credit equal to 25 percent of fees paid for health insurance by persons 55 years of age or older.409706_4768409706Massachusetts4768Refundable Tax CreditHB27232009-201001/20/200905/20/200906/02/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht02/ht02754.htmHB 2754 excludes retirees' health insurance premiums from being taxed by the state income tax.409728_4768409728Massachusetts4768Refundable Tax CreditHB27542009-201001/20/200905/20/200907/21/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht02/ht02807.htmHB 2807 allows businesses, in determining the net income subject to certain taxes, to deduct expenditures paid or incurred during the taxable year for the installation of any technology or infrastructure necessary to adopt and utilize electronic prescribing capabilities, including the cost of labor, provided that such electronic prescribing system has a situs in the Commonwealth, is exclusively used in the trade or business of such corporation, and the physicians within said corporation are duly licensed according to certain provisions.409711_3064409711Massachusetts3064Health ITHB28072009-201001/20/200905/20/200907/06/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht03pdf/ht03452.pdfHB 3452 provides for the establishment, regulation, and oversight of small business health plans. A "small business health plan" is defined as a Massachusetts nonprofit or not-for-profit corporation all the members of which are qualified associations and that negotiates with one or more carriers for the issuance of health benefit plans that cover employees of qualified association members and their dependents. To be certified by the Commissioner of the Division of Insurance, a small business health plan must have a minimum of 25 qualified associations contracted to provide the plan to their members. The regulations shall require that all state mandated benefits are required under such plans, that denial of coverage due to the health condition, age, race or sex is prohibited, and that no eligible small business who is a member of the small business health plan may be charged a premium rate higher than what the carrier would charge to a similarly situated eligible small business who is not a member of the small business health plan. The commissioner shall biannually certify that a small business health plan satisfies the requirements of this chapter. Only a small business health plan that has been certified by the commissioner may procure health care coverage for the benefit of qualified association members. Eligible businesses for the small business health plan shall have not more than 50 employees.386499_4767386499Massachusetts4767Purchasing PoolsHB34522009-201001/20/200905/20/200906/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht03pdf/ht03535.pdfHB 3535 gives patients the option of allowing only designated health care providers to disseminate their individually identifiable health information to any statewide interoperable electronic health records network or statewide health information exchange. The bill also amends statutes to include that any plan for a statewide interoperable electronic health records network or statewide health information exchange approved by the health information technology council, and every grantee and implementing organization that receives monies for the adoption of health information technology approved by the E-Health Institute Fund, must conduct privacy and security audits of any and all interoperable electronic health records networks, health information exchanges, and participating entities that maintain electronic health records for potential and actual privacy and security breaches. The audit must be completed and the results reported to the health information technology council by July 1 of each year.386500_3064386500Massachusetts3064Health ITHB35352009-201001/20/200905/20/200907/12/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht03/ht03563.htmHB 3563 requires any provision in a contract between a health insurance carrier or HMO and any provider that purports to adjust or vary the reimbursement payable to such provider, either for a particular service or in the aggregate, on the basis of quality of care measurements or other performance factors will reflect nationally recognized standards and measures of care. This bill also requires that any health insurance carrier or HMO proposing to make a reimbursement adjustment or variation based upon such a measurement of quality of care or other performance factor will first give the affected provided at least 60 days advanced written notice, together with full and complete disclosure of the basis and calculation justifying such adjustment or variation.415538_4766415538Massachusetts4766Physician P4PHB35632009-201001/20/200905/20/200903/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht03/ht03779.htmHB 3779 establishes medical malpractice court committees to develop an approach to adjudicating medical disputes arising between patients and health care providers that is evidence-based and provides fair compensation to claimants. This law also gives exclusive jurisdiction over all actions for malpractice, error, or mistake against a provider of health care arising within the county to pilot courts.415522_1805415522Massachusetts1805Medical MalpracticeHB37792009-201001/20/200905/20/200903/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht03/ht03914.htmHB 3914 provides that when an individual becomes ineligible for the Commonwealth Care program, he or she shall be given 30 days notice prior to termination.418528_4767418528Massachusetts4767Purchasing PoolsHB39142009-201001/20/200905/20/200904/01/200901/20/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht03/ht03989.htmHB 1559 requires a hospital, HMO, or a medical or dental services corporation, as well as the plaintiff in a personal injury action to divide attorneys fees and court costs. If the settlement, judgment or funds available to satisfy the judgment are less than the amount of plaintiff's total damages, the court may reduce the amount of the insurer's lien in the action after an evaluation and hearing of the plaintiff's total cognizable damages.418519_1805418519Massachusetts1805Medical MalpracticeHB39892009-201001/20/200905/20/200904/01/200901/20/2009Introducednew http://www.statescape.com/billtext/ma/ma_2009_hb_4100.pdfHB 4100 is the House Ways and Means Committee's FY 2009 budget recommendations. Among many other things, it provides funds for increased pay for performance for providers.425771_4761425771Massachusetts4761Hospital P4PHB41002009-201004/16/200904/16/200905/11/200905/01/2009Introducednew http://www.mass.gov/legis/ht04129.pdfSection 117 of HB 4129 provides that the Secretary of Health and Human Services may, consistent with federal law, pursue an alternative payment demonstration project with one or more hospitals or hospital systems in the Commonwealth. "Alternative payment" is defined as an aggregate prospective payment to cover the total cost of a defined set of health care services. In implementing any such alternative payment demonstration project, the secretary shall consider using information systems to monitor performance of the hospital or hospital system and apply measures of cost and quality.427930_4756427930Massachusetts4756Bundled PaymentHB41292009-20102706/19/200910/05/200907/01/200907/28/2009Introducednew http://www.mass.gov/legis/bills/house/186/ht00/ht00968.htmHB 968 requires the Public Employees Retirement Administration Program Commission to avoid implementing, or contracting with a carrier to implement a physician performance evaluation program unless the program has public disclosure, meaningful input, and a mechanism to ensure accuracy.387565_4766387565Massachusetts4766Physician P4PHB9682009-201001/20/200905/20/200902/04/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st01/st01299.htmSB 1299 allows businesses, in determining the net income subject to certain taxes, to deduct, in addition to other specified deduction, the expenditures paid or incurred during the taxable year for the installation of any technology or infrastructure necessary to adopt and utilize electronic prescribing capabilities, including the cost of labor, provided that such electronic prescribing system has a situs in the Commonwealth, is exclusively used in the trade or business of such corporation and the physicians within said corporation are duly licensed according to certain provisions.413016_3064413016Massachusetts3064Health ITSB12992009-201001/20/200905/20/200907/06/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st01/st01755.htmSB 1755 requires that in any action for malpractice or the unauthorized rendering of professional services against a health care provider, the liability of each defendant for the amount of damages is in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered against each defendant for that amount. The liability of each defendant for damages shall be several rather than joint.413088_1805413088Massachusetts1805Medical MalpracticeSB17552009-201001/20/200905/20/200903/13/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st01/st01779.htmSB 1779 establishes a commission to award demonstration grants to hospitals and their affiliated physicians for the development, implementation, and evaluation of alternatives to current tort litigation for resolving disputes over injuries allegedly caused by hospitals or physicians.411770_1805411770Massachusetts1805Medical MalpracticeSB17792009-201001/20/200905/20/200903/12/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st01/st01780.htmSB 1780 requires an expert witness in any action for malpractice, negligence, error, omission, mistake or the unauthorized rendering of professional services against a licensed provider of health to be board certified in the same specialty as the defendant physician.413590_1805413590Massachusetts1805Medical MalpracticeSB17802009-201001/20/200905/20/200903/14/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00018.htmSB 18 states that a person who, voluntarily and without compensation, allows his/her property to be used to assist in responding to a public health emergency or state of emergency, will not be civilly liable for causing the death of, or injury to, any person during the emergency.410051_1805410051Massachusetts1805Medical MalpracticeSB182009-201003/06/200905/20/200903/10/200904/06/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00200.htmSB 200 amends certain provisions to give patients the option of allowing only designated health care providers to disseminate their individually identifiable health information to any statewide interoperable electronic health records network or statewide health information exchange. In addition, the bill amends provisions to require any plan for a statewide interoperable electronic health records network or statewide health information exchange approved by the health information technology council and every grantee and implementing organization funded in whole or in part by the E-Health Institute Fund to conduct privacy and security audits of any and all interoperable electronic health records networks, health information exchanges, and participating entities that maintain electronic health records for potential and actual privacy and security breaches by July 1 of each year.411450_3064411450Massachusetts3064Health ITSB2002009-201001/20/200905/20/200906/06/200901/20/2009Introducednew http://www.statescape.com/billtext/ma/ma_2009_sb_3.pdfSB 3 provides that funds may be expended for the purposes of a survey and study of the uninsured and underinsured in the Commonwealth, including the health insurance needs of the residents of the Commonwealth. The bill also makes changes to Medicaid/SCHIP eligibility in various jurisdictions throughout the Commonwealth.425383_4763425383Massachusetts4763Medicaid/SCHIP EligibilitySB32009-201001/07/200906/22/200905/27/200905/18/2009Introducednew http://www.statescape.com/billtext/ma/ma_2009_sb_3.pdfSB 3 provides that the Secretary of Health and Human Services may, consistent with federal law, pursue an alternative payment demonstration project with one or more hospitals or hospital systems in the Commonwealth. In implementing any such alternative payment demonstration project, the secretary shall consider using information systems to monitor performance of the hospital or hospital system and apply measures of cost and quality.425383_3064425383Massachusetts3064Health ITSB32009-201001/07/200906/22/200905/27/200905/18/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00039.htmSB 39 requires that children who are deemed eligible for medical benefits shall continue to be eligible for assistance for a period of 12 months, until the child's annual eligibility review, if the child would otherwise be determined ineligible due to excess countable income.411714_4763411714Massachusetts4763Medicaid/SCHIP EligibilitySB392009-201001/20/200905/20/200903/12/200906/04/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00446.htmSB 446 requires that the commissioner shall write regulations governing the establishment and oversight of association health plans. Those regulations shall require that all state mandated benefits are required under such plans, that denial of coverage due to the health condition, age, race or sex is prohibited, and that no eligible small business who is a member of the association health plan may be charged a premium rate higher than what the carrier would charge to a similarly situated eligible small business who is not a member of the association health plan.412790_4767412790Massachusetts4767Purchasing PoolsSB4462009-201001/20/200905/20/200906/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00483.htmSB 483 requires every insurer or risk management organization which provides professional liability insurance to registered optometrists to report to the board any claim or action for damages for personal injuries alleged to have caused by error, omission, or negligence in the performance of such optometrist's services where such claim has resulted in a final judgment in any amount, a settlement in any amount, or a final disposition not resulting in payment on behalf of the insured.412753_1805412753Massachusetts1805Medical MalpracticeSB4832009-201001/20/200905/20/200903/13/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00528.htmSB 528 relates to a physician performance evaluation program. The bill states that the Group Insurance Commission will not implement or contract with a carrier for the implementation of a physician performance evaluation program, including physician pay for performance programs, unless the program contains stated minimum attributes.413013_4766413013Massachusetts4766Physician P4PSB5282009-201001/20/200905/20/200907/10/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00530.htmSB 530 amends the definition of an employee that is eligible for medical assistance. To be eligible, the gross family income may not exceed 400 percent of the federal poverty level. The bill also amends the definition of "self-employed" individual and husband or wife, and provides for payment assistance guidelines for employers.413014_4763413014Massachusetts4763Medicaid/SCHIP EligibilitySB5302009-201001/20/200906/22/200905/21/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00534.htmSB 534 directs the Executive Office of Health and Human Services to establish that health care services delivered by a certified home health agency through telehealth technology are reimbursable when provided to clients receiving home care services that are otherwise eligible for reimbursement under the Medicaid Program. According to the bill, recipients of telehealth services are those that require home health services of unusually high frequency, urgency or duration and that have chronic medical conditions, including, but not limited to congestive heart failure, diabetes, and/or chronic obstructive pulmonary disease.412099_3064412099Massachusetts3064Health ITSB5342009-201001/20/200905/20/200904/20/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00550.htmSB 550 empowers the Secretary of Administration and Finance and the Secretary of Health and Human Services to implement a health reform employer responsibility revenue program to increase available revenue to fund health programs. The Division of Healthcare Finance and Policy and the Department of Workforce Development shall assess employers a health benefit compensation payment for each employee enrolled in the Commonwealth Care Health Insurance Program, subject to the provisions of this section and regulations promulgated by the division.412031_4758412031Massachusetts4758Employer MandateSB5502009-201001/20/200905/20/200906/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00566.htmHB 566 requires, beginning Jan. 1, 2010, all hospitals, physician practices, and carriers to conduct certain transactions electronically, including eligibility for a health plan transactions, health care payment and remittance advise transactions, and health care claims or equivalent encounter information transactions.412888_3064412888Massachusetts3064Health ITSB5662009-201001/20/200905/20/200907/10/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00574.htmSB 574 prohibits statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of concern made to a patient, a relative of the patient, or a representative of the patient - which relate to an unanticipated outcome - from being admissible as evidence in any judicial or administrative proceeding and shall not constitute an admission of liability or an admission against interest.411995_1805411995Massachusetts1805Medical MalpracticeSB5742009-201001/20/200905/20/200905/21/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00798.htmSB 798 empowers the board of insurance to revoke a physician's registration if a registered physician is convicted of three cases of medical malpractice.412938_1805412938Massachusetts1805Medical MalpracticeSB7982009-201001/20/200905/20/200906/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00867.htmSB 867 directs the Secretary of Health and Human Services, in consultation with the Health Care Quality and Cost Council, to study the feasibility of developing a consolidated center of excellence focused on technology, performance measurement and quality improvement. The bill requires the study to include an examination of existing centers for quality, including the Health Care Quality and Cost Council, the Betsy Lehmen Center, and the Massachusetts Health Quality Partners, as well as potential opportunities to increase efficiency and avoid duplication of efforts.412179_3064412179Massachusetts3064Health ITSB8672009-201001/20/200905/20/200910/28/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00887.htmSB 887 further defines the practice of medicine as the offering of expert testimony in any action for malpractice, negligence, error, omission, mistake or unauthorized rendering of professional services against a licensed physician.412974_1805412974Massachusetts1805Medical MalpracticeSB8872009-201001/20/200905/20/200906/19/200901/20/2009Introducednew http://www.mass.gov/legis/bills/senate/186/st00/st00891.htmSB 891 empowers the Commissioner of Public Health or the commissioner's designee to study the impact of the Federal Volunteer Protection Act of 1997 and the Free Clinics Federal Tort Claims Act Medical Malpractice Program on health care volunteers in the Commonwealth. The study includes ways in which the Commonwealth may act to provide legal counsel and defense to volunteers who may be eligible.412976_1805412976Massachusetts1805Medical MalpracticeSB8912009-201001/20/200905/20/200907/10/200901/20/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/htm/2009-HIB-4466.htmHB 4466 establishes the Michigan Health Insurance System and related program components as a means to establish a single payer health care system. The measure calls for several electronic initiatives including: integrated statewide health care databases to support health care planning; mandatory data reporting requirements; online scheduling systems; provider-patient communication options that allow for e-visits; interoperability among health care regions; and, establishing electronic systems that allow standard of care guidelines, including disease management programs to be embedded in a patient's electronic medical records.402060_3064402060Michigan3064Health ITHB44662009-201002/25/200905/20/200902/26/200902/26/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/htm/2009-HIB-4571.htmHB 4571 requires an expert witness in a medical malpractice case to be licensed as a health professional in the state, has relevant experience in the area of the claim, and is a practicing specialist at the time of the occurrence.413588_1805413588Michigan1805Medical MalpracticeHB45712009-201003/12/200905/20/200906/12/200903/17/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/htm/2009-HIB-4829.htmHB 4829 limits a physician's liability if the physician provides certain voluntary medical care at a health facility or agency that provides at least 60 percent of its care annually to medically indigent individuals. Current law maintains a 75 percent threshold.422310_1805422310Michigan1805Medical MalpracticeHB48292009-201004/23/200905/20/200904/24/200904/28/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/htm/2009-HIB-4934.htmHB 4934 creates a health care affordability fund that is funded by assessments on insurers. The top priority of the bill is an extension of eligibility for medical services assistance to children in families with incomes up to 300 percent of the federal poverty line. Other priorities are to extend eligibility to other people at the same income level.424857_4763424857Michigan4763Medicaid/SCHIP EligibilityHB49342009-201005/13/200909/01/200905/22/200905/14/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/htm/2009-HIB-4937.htmHB 4937 requires prescribers to electronically transmit every prescription for a prescription drug written in the state in a manner the complies with the Electronic Prescription Drug Program. The bill directs such prescribers to offer patients written receipts of the information transmitted electronically and outlines the types of information that must be included on said receipts.424868_3064424868Michigan3064Health ITHB49372009-201005/13/200905/20/200905/14/200905/14/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/htm/2009-HIB-4938.htmHB 4939 establishes a bulk prescription drug purchasing cooperative and a prescription drug benefit plan for certain residents of the state. The bill also outlines duties for the appointed administrator of the Department of Management and Budget's Gold Benefit Plan, including the issuance of a request for proposal and a contract with an entity to provide the functions of a prescription drug claims processor. According to the bill, such functions include the ability to receive and transmit prescriptions via electronic means in a manner that complies with the Electronic Prescription Drug Program established under certain specified provisions.424859_3064424859Michigan3064Health ITHB49382009-201005/13/200905/20/200905/14/200905/14/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/htm/2009-HIB-5345.htmHB 5354 creates the MI Health Benefits program and an oversight program board for public employees. The program, among other things, shall include wellness, chronic disease management, and prevention incentives, such as smoking cessation, injury and accident prevention, reduction of alcohol misuse or abuse, weight management, exercise, automobile and motorcycle safety, blood cholesterol management, nutrition education, and other methods of chronic care management that improve coordination of care and identify employees best served through use of a chronic care model that uses predictive modeling based on claims or other health risk information.430429_968430429Michigan968Disease ManagementHB53452009-201009/10/200909/11/200909/11/200909/15/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/House/htm/2009-HIB-5345.htmHB 5354 creates the MI Health Benefits program and an oversight program Board for public employees. The program, among other things, shall promote and increase the adoption of health information technology systems such as electronic medical records, electronic prescribing, and integrated delivery systems, including: (1) Facilitate diagnosis or treatment; (2) Reduce unnecessary duplication of medical tests; (3) Promote efficient electronic physician order entry; and, (4) Increase access to health information for patients and their health care providers.430429_3064430429Michigan3064Health ITHB53452009-201009/10/200909/11/200909/11/200909/15/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/Senate/htm/2009-SIB-0299.htmSB 299 makes appropriations for the Department of Community Health and state purposes related to mental health, public health, and medical services for the fiscal year ending Sept. 30, 2010, including funds for health-related information technology. The bill also requires an unspecified department to seek additional federal funds to permit the state to provide financial support for electronic prescribing and other health information technology initiatives.406256_3064406256Michigan3064Health ITSB2992009-201003/03/200905/20/200903/04/200903/03/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/Senate/htm/2009-SIB-0425.htmSB 425 prohibits, as an unlawful business practice, the failure of a manufacturer or producer to accurately represent the risks involved in the intended use of a prescription or over-the-counter drug or medication or an herbal product, dietary supplement, or botanical extract.418867_1805418867Michigan1805Medical MalpracticeSB4252009-201004/01/200905/20/200904/02/200904/01/2009Introducednew http://www.legislature.mi.gov/documents/2009-2010/billintroduced/Senate/htm/2009-SIB-0858.htmSB 858 provides that, except for gross negligence, a licensed health care professional or a licensed health facility or agency is not liable in a medical malpractice action arising from emergency medical care in an emergency department or obstetrical unit in a hospital, or surgical operating room, immediately following the evaluation or treatment of the patient in an emergency department unless the plaintiff provides evidence that the health care professional's actions constituted gross negligence.430720_1805430720Michigan1805Medical MalpracticeSB8582009-201009/22/200909/23/200909/23/200909/22/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0103.1.html&session=ls86&version=latest&session_number=0&session_year=2009HB 103 removes the single occurrence liability cap by stating that there is "no limit on the total liability of the state and its employees acting within the scope of their employment for any number of claims arising out of a single occurrence for claims arising on or after July 1, 2009."372922_1805372922Minnesota1805Medical MalpracticeHB1032009-201001/15/200905/20/200903/28/200903/26/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0120.2.html&session=ls86&version=latest&session_number=0&session_year=2009HB 120 requires certain contracts executed by health care cooperatives on behalf of their members to be approved by the Commissioner of Health. If the commissioner does not act upon an application within 60 days of receipt, it is deemed approved, and if the commissioner requests additional information but does not act within 60 days of receiving that information, the application is deemed approved. Prohibits the Commissioner from denying an application unless the Commissioner determines that the anti-competitive effects of the arrangement exceed the pro-competitive effects or the applicant has not provided complete information.373008_4767373008Minnesota4767Purchasing PoolsHB1202009-201001/15/200905/20/200905/13/200905/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1308.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1308 requires uniform technology and data standards for local public health agencies and appropriates money from the American Recovery and Reinvestment Act of 2009.407616_3064407616Minnesota3064Health ITHB13082009-201003/05/200905/20/200903/07/200903/06/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1322.2.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1322 amends health information technology and infrastructure provisions to include additional definitions, guidance for the advisory committee, and to apply certain criteria established by federal legislation to interoperable electronic health record requirements. The bill also requires state agencies to coordinate with national health information technology activities. In addition, the bill includes guidelines for collection of data for assessment and eligibility determination, account establishment, and electronic prescribing.407671_3064407671Minnesota3064Health ITHB13222009-201003/05/200905/20/200905/13/200905/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0135.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 135 creates the Minnesota Health Plan to promote necessary and affordable health care by focusing on preventative care. The measure requires the Minnesota Health Board to determine aggregate Minnesota Health Plan costs and develop an equitable and affordable premium structure that is based on an individual's ability to pay.373503_4767373503Minnesota4767Purchasing PoolsHB1352009-201001/15/200901/15/200902/12/200902/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1362.4.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1362 changes the name of the Health Information Technology Advisory Committee to the e-Health Advisory Committee. Requires the uniform standards be updated on an ongoing basis and an annual report to the legislature. Modifies the requirements for e-prescribing.421893_3064421893Minnesota3064Health ITHB13622009-20107903/05/200905/20/200905/15/200905/17/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1362.4.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1362 states that children with family incomes greater than 275 percent of FPG are eligible for MinnesotaCare.421893_4763421893Minnesota4763Medicaid/SCHIP EligibilityHB13622009-20107903/05/200905/20/200905/15/200905/17/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1363.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1363 provides that in an action against a health care provider alleging malpractice, whether based on contract or tort, and which includes a cause of action as to which expert testimony is necessary to establish a prima facie case, the plaintiff must serve on the defendant an affidavit of expert review. The bill also provides general immunity from liability for a person who, without compensation or the expectation of compensation, renders emergency care, advice, or assistance at the scene of an emergency or during transit to a location where professional medical care can be rendered, unless the person acts in a willful and wanton or reckless manner in providing the care, advice, or assistance. Any hospital, any employee of the hospital working in a clinical area and providing patient care, and any person licensed to practice medicine who in good faith renders medical care and treatment necessitated by a sudden, unexpected situation or occurrence resulting in a serious medical condition demanding immediate medical attention, for which the patient enters the hospital through its emergency room or trauma center, including but not limited to medical care and treatment rendered in a obstetrical unit, is not held liable for any civil damages as a result of this medical care and treatment unless the damages result from providing, or failing to provide, medical care and treatment under circumstances demonstrating gross negligence.407450_1805407450Minnesota1805Medical MalpracticeHB13632009-201003/05/200905/20/200903/06/200903/05/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1417.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1417 authorizes a tax credit for the payment of health insurance premiums.409493_4768409493Minnesota4768Refundable Tax CreditHB14172009-201003/09/200905/20/200903/13/200903/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1494.1.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1494 allows domestic partners to pursue a wrongful death action. Currently, the law includes only spouses or next of kin.409669_1805409669Minnesota1805Medical MalpracticeHB14942009-201003/09/200905/20/200903/31/200903/30/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1564.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1564 states that Medical assistance may be paid for a child under two years of age whose countable family income is above 275 percent of the federal poverty guidelines for the same size family but less than or equal to 305 percent of the federal poverty guidelines for the same size family.412363_4763412363Minnesota4763Medicaid/SCHIP EligibilityHB15642009-201003/12/200905/20/200903/13/200903/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1564.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1564 creates the Minnesota Health Insurance Exchange for the limited purpose of providing individual individuals with greater access, choice, portability, and affordability of health insurance products. This act also provides phase-in goals for universal health coverage and affordability criteria for eligibility.412363_4767412363Minnesota4767Purchasing PoolsHB15642009-201003/12/200905/20/200903/13/200903/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1567.1.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1567 requires pharmacy benefit managers that provide prescription drug services to provide medication therapy management services for enrollees taking four or more prescriptions to treat or prevent two or more chronic medical conditions. Further, the bill includes definitions for backward compatible, NCPDP SCRIPT Standard, and medication therapy management. The bill also deletes provisions exempting providers, group purchasers, prescribers, or dispensers from requirements for electronic prescribing. In addition, the bill deletes provisions exempting entities transmitting prescriptions or prescription related information, where the prescriber is required by law to issue a prescription for a patient to a nonprescribing provider that in turn forwards the prescription to a dispenser, from the requirement to use the NCPDP SCRIPT Standard when transmitting prescripting or prescription related information.413591_3064413591Minnesota3064Health ITHB15672009-201003/12/200905/20/200903/20/200903/19/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1571.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1571 amends existing eligibility requirements for the state Medical Assistance program, including, but not limited to, foster child and adopted children eligibility based on income level of adopted/foster parents.412365_4763412365Minnesota4763Medicaid/SCHIP EligibilityHB15712009-201003/12/200905/20/200903/14/200903/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=ceH0181.1.html&session=ls86&version=latest&session_number=0&session_year=2009HB 181 modifies the eligibility provisions of MinnesotaCare to include children with family income greater than 275 percent of federal poverty guidelines.379010_4763379010Minnesota4763Medicaid/SCHIP EligibilityHB1812009-201001/22/200905/20/200904/16/200904/14/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1814.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1814 establishes criteria for the personal health records system to be chosen by the Commissioner of Administration. The bill prohibits the system from permitting ad-serving cookies, tracking of clicked links, and server log commercial data mining without the express consent of the consumer.414202_3064414202Minnesota3064Health ITHB18142009-201003/16/200905/20/200903/17/200903/16/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1831.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1831 empowers the Commissioner of Insurance to establish additional performance targets based on the Healthcare Effectiveness Data and Information Set as developed by the National Committee for Quality Assurance and will be subject to the withhold of five percent of managed care plan payments. The bill also stipulates that the performance target include categories of measurement such as public health measures.415151_4766415151Minnesota4766Physician P4PHB18312009-201003/18/200905/20/200903/19/200903/18/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1865.1.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1865 requires the Commissioner of Human Services to establish Healthy Minnesota accounts for adult MinnesotaCare enrollees without children, and allows these enrollees to purchase individual health coverage in the private sector. The bill requires the Commissioner to establish benefit design and cost-sharing requirements for this private sector coverage, which must be actuarially equivalent to the current benefit set for adults without children on MinnesotaCare. Persons who are declined coverage in the private market are eligible for Minnesota Comprehensive Health Association (MCHA) coverage without a preexisting condition limitation.415225_4763415225Minnesota4763Medicaid/SCHIP EligibilityHB18652009-201003/18/200905/20/200903/31/200904/06/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1935.1.html&session=ls86&version=latest&session_number=0&session_year=2009HB 1935 consolidates Medical Assistance (MA) and MinnesotaCare coverage for families and children by moving MA families and children into MinnesotaCare. The bill inserts into MinnesotaCare law MA eligibility provisions for families and children and deletes unnecessary provisions from MA law. The bill also modifies MinnesotaCare eligibility provisions, in order to exempt families and children formerly eligible for MA from MinnesotaCare insurance barriers, premiums, and other requirements, and also provides this group of former MA eligibles with a MinnesotaCare spend-down option. The bill increases from 150 to 200 percent of federal poverty guidelines (FPG) the income limit below which MinnesotaCare children are exempt from certain insurance barriers, exempts children with incomes at or below 200 percent of FPG from MinnesotaCare premiums, and exempts parents and caretakers from the MinnesotaCare asset limit. The bill also streamlines MinnesotaCare application procedures.415910_4763415910Minnesota4763Medicaid/SCHIP EligibilityHB19352009-201003/19/200905/20/200903/31/200903/30/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2023.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 2023 provides that in any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to such civil action, any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence, which are made by a health care provider or any employee of a health care provider to an alleged victim, a relative of the alleged victim, or a representative of the alleged victim and which relate to the discomfort, pain, suffering, injury, or death of the alleged victim as a result of the unanticipated outcome of medical care is to be inadmissible as evidence of an admission of liability or as evidence of an admission against interest as an excited utterance.416559_1805416559Minnesota1805Medical MalpracticeHB20232009-201003/23/200905/20/200903/24/200903/23/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2151.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 2151 creates the Health Care Redevelopment Task Force that shall develop a statewide plan for the redesign of the Minnesota health care system. The plan shall include: a state-funded catastrophic health plan; gap insurance policies, offered on an individual guarantee basis; and, recommendations for funding arrangements necessary to finance the state catastrophic health plan, including, but not limited to, a one percent employer payroll fee and a one percent employee payroll fee. The plan shall also explore eliminating tax deductions for employers for providing health benefits directly to their employees and creating tax deductions for individuals for health plan premiums, medical expenses, and contributions to a health savings account.417257_4767417257Minnesota4767Purchasing PoolsHB21512009-201003/25/200905/20/200903/26/200903/25/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2219.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 2219 specifies that the definition of "health insurance premiums" to mean premiums paid by an employee for health plan coverage of adult unmarried children under the age of 25, as referred to in the definition of dependents in certain provisions, and as required for plans offering dependent coverage under certain provisions to the extent not excluded for deducted in determining the federal taxable income. The bill also allows individuals a credit against the tax imposed by its provisions for health insurance premiums paid during the tax year. According to the bill, the credit equals 20 percent of health insurance premiums. The bill provides that for a nonresident or part-year resident, the credit determined under its provisions must be based on the percentage calculated under certain provisions.418190_4768418190Minnesota4768Refundable Tax CreditHB22192009-201003/30/200905/20/200903/31/200903/30/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2256.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 2256 establishes the Minnesota Health Board to promote the delivery of high quality, coordinated health care services that enhance health, prevent illness, disease, and disability, slow the progression of chronic diseases, and improve personal health management. The bill includes details regarding the Board's composition and duties. The bill also applies conflict of interest guidelines.418918_4767418918Minnesota4767Purchasing PoolsHB22562009-201004/01/200905/20/200904/07/200904/06/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2312.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 2312 provides for federal incentive payments available under the American Recovery and Reinvestment Act of 2009 to be paid to hospitals that demonstrate they are engaged in efforts to adopt, implement, or upgrade certified electronic health records technology as soon as the Center for Medicare and Medicaid Services makes the federal money available. The bill directs the commissioner to pay each hospital that demonstrates it is engaged in these efforts during the first year federal incentive payments are available an amount equal to 50 percent of the total incentive payments available to that hospital. Of the hospitals that qualify for the 50 percent incentive payments in the first year, those that demonstrate in the second year meaningful use of certified electronic health records are to receive an additional 40 percent of the total incentives available to that hospital. The bill indicates that such hospitals are to receive the final ten percent allotment in the third year. The bill requires the commissioner to develop a payment schedule and process for hospitals that do not demonstrate in the first year that they are engaged in efforts to adopt, implement, or upgrade certified health records technology.420752_3064420752Minnesota3064Health ITHB23122009-201004/14/200905/20/200904/16/200904/14/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H2356.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 3356 provides that the state employee group insurance plan must be structured as a high deductible health plan that allows both the employer and participants to qualify under federal law to use health savings accounts to: (1) cover the annual deductible required under the high deductible health plan; (2) provide open access to health care services and unlimited patient choice by providing carrier open access networks for all plans offered; (3) save on health care costs by encouraging price comparison shopping; and (4) create a tax-free, interest-earning fund for future medical expenses.423377_4760423377Minnesota4760High Deductible Health PlansHB23562009-201004/29/200905/20/200904/30/200904/29/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0468.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 468 specifies that in any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to that civil action, statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence, made by health care provider or an employee of a health care provider to the alleged victim, a relative of the alleged victim, or a representative of the alleged victim and which relate to the discomfort, pain, suffering, injury, or death of the alleged victim as a result of the unanticipated outcome of medical care is inadmissible as evidence of an admission of liability or as evidence of an admission against interest or as an excited utterance.386226_1805386226Minnesota1805Medical MalpracticeHB4682009-201002/02/200905/20/200902/03/200902/02/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0599.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 599 states that the Commissioner of Human Services, by January 1, 2010, will modify the reimbursement methodology for federally qualified health centers and rural health clinics, in order to classify the adoption and implementation of electronic health record systems as a change in scope of services, and is thereby eligible for a positive prospective payment system rate adjustment to reflect the costs of the adoption and implementation.391488_3064391488Minnesota3064Health ITHB5992009-201002/09/200905/20/200902/10/200902/09/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0061.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 61 allows a tax credit for the payment of health insurance premiums.371083_4768371083Minnesota4768Refundable Tax CreditHB612009-201001/12/200905/20/200901/13/200901/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0650.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 530 amends the definition, under medical assistance, of eligible employee provided that the gross family income not exceed 400 percent of the federal poverty level. The bill also amends "self-employed" individual and husband or wife, and provides for payment assistance guidelines for employers.391490_4760391490Minnesota4760High Deductible Health PlansHB6502009-201002/09/200905/20/200902/10/200902/09/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0705.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 705 requires high deductible health plans (HDHPs) issued or renewed in Minnesota, when used with an HSA, to cover preventive care without a deductible or other cost-sharing, to the extent permitted under the federal (tax) laws governing HDHPs and HSAs. Requires that the scope and frequency of the preventive coverage be specified in the policy, based upon an evidence-based set of preventive care guidelines that address both asymptomatic low-risk individuals and individuals with high risk factors. Permits the specification in the policy to be by reference. Provides that this subdivision does not limit voluntary coverage of more preventive care.395410_4760395410Minnesota4760High Deductible Health PlansHB7052009-201002/12/200905/20/200905/19/200905/18/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H0095.0.html&session=ls86&version=latest&session_number=0&session_year=2009HB 95 allows an individual a credit against certain taxes due, equal to 20 percent of the health insurance premiums paid from a plan under Section 125 of the Internal Revenue Code. The credit is allowed only for premiums paid after the individual has not had coverage under a health plan for at least one year, and is allowed only for the first 12 months in which an individual participates in the Section 125 plan. In addition to outlining provisions for part-year residents, the bill limits the credit to individuals with household income for the taxable year between 275 and 300 percent of the Federal Poverty Guidelines for the applicable family size (if the individual has dependents) or between 200 and 275 percent of the Federal Poverty Guidelines for the applicable family size if the individual has no dependents.371087_4768371087Minnesota4768Refundable Tax CreditHB952009-201001/12/200905/20/200902/07/200902/05/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0118.2.html&session=ls86&version=latest&session_number=0&session_year=2009SB 118 requires the Minnesota Health Board to determine aggregate Minnesota Health Plan costs and develop an equitable and affordable premium structure that is based on an individual's ability to pay.373145_4767373145Minnesota4767Purchasing PoolsSB1182009-201001/15/200905/20/200902/13/200902/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S1321.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 1321 allows surviving domestic partners to present notice of death by a wrongful act or omission and authorizes a domestic partner to recover damages caused by a wrongful death act or omission.408251_1805408251Minnesota1805Medical MalpracticeSB13212009-201003/09/200905/20/200903/07/200903/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S1473.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 1473 states that families with children with family income equal to or less than 300 percent of the federal poverty guidelines for the applicable family size will be eligible for MinnesotaCare.410963_4763410963Minnesota4763Medicaid/SCHIP EligibilitySB14732009-201003/12/200905/20/200903/12/200903/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S1473.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 1473 creates the Minnesota Health Insurance Exchange for the limited purpose of providing individual individuals with greater access, choice, portability, and affordability of health insurance products. This act also provides phase-in goals for universal health coverage and affordability criteria for eligibility.410963_4767410963Minnesota4767Purchasing PoolsSB14732009-201003/12/200905/20/200903/12/200903/12/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S1479.1.html&session=ls86&version=latest&session_number=0&session_year=2009SB 1479 directs the Commissioner of Health to enroll a licensed pharmacy or pharmacist as a program-registered provider in the pediatric vaccine administration program established under certain federal provisions based on the program's infrastructure capacity to enroll additional pharmacy providers in the program.411342_3064411342Minnesota3064Health ITSB14792009-201003/12/200905/20/200905/06/200905/05/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S1599.1.html&session=ls86&version=latest&session_number=0&session_year=2009SB 1599 requires high deductible health plans, when used in connection with a medical savings account or health savings account, to cover preventive care without a deductible, co-payment, or other patient cost-sharing, provided, however, that such requirement does not apply to care that is not permitted to be provided without a deductible by a high deductible health plan under certain Internal Revenue Code provisions and federal regulations adopted or guidance issued by the Internal Revenue Service related to the at provision. According to the bill, the scope and frequency of such coverage must be detailed in the policy in accordance with, or by reference to, an evidence-based set of preventive care guidelines that addresses recommendations for both asymptomatic low-risk individuals and individuals with higher risk factors. Further, the bill specifies that nothing in such provisions limits voluntary coverage of other preventive care. In addition, the bill specifies that "preventive care" has the meaning given in Internal Revenue Code of 1986.414943_4760414943Minnesota4760High Deductible Health PlansSB15992009-201003/18/200905/20/200905/15/200905/14/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S1735.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 1735 creates the Healthy Minnesota private sector coverage program that utilizes market based solutions within the health care sector that provides access to high quality health care, reduces costs for coverage, and utilizes commercial reimbursement rates to providers. The bill stipulates that qualified adults enrolled in MinnesotaCare shall enroll in their choice of individual health plans under contract with the commissioner that meet the benefit design and cost-sharing requirements. The measure provides that MinnesotaCare enrollees who are denied coverage under an individual health plan by a health plan company are eligible for coverage through a health plan offered by the Minnesota Comprehensive Health Association.416154_4763416154Minnesota4763Medicaid/SCHIP EligibilitySB17352009-201003/23/200905/20/200903/21/200903/23/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S1789.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 1789 specifies that in any civil action brought by an alleged victim of an unanticipated outcome of medical care, or in any arbitration proceeding related to that civil action, statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence, made by health care provider or an employee of a health care provider to the alleged victim, a relative of the alleged victim, or a representative of the alleged victim and which relate to the discomfort, pain, suffering, injury, or death of the alleged victim as a result of the unanticipated outcome of medical care is inadmissible as evidence of an admission of liability or as evidence of an admission against interest or as an excited utterance.416212_1805416212Minnesota1805Medical MalpracticeSB17892009-201003/23/200905/20/200903/21/200903/23/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S1859.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 1859 establishes criteria for the personal health records system to be chosen by the Commissioner of Administration. The bill prohibits the system from permitting ad-serving cookies, tracking of clicked links, and server log commercial data mining without the express consent of the consumer.417036_3064417036Minnesota3064Health ITSB18592009-201003/25/200905/20/200903/25/200903/25/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S1890.3.html&session=ls86&version=latest&session_number=0&session_year=2009SB 1890 amends health information technology and infrastructure provisions to include additional definitions, guidance for the Advisory Committee, and to apply certain criteria established by federal legislation to interoperable electronic health record requirements. The bill also requires state agencies to coordinate with national health information technology activities. In addition, the bill includes guidelines for collection of data for assessment and eligibility determination, account establishment, and electronic prescribing.416997_3064416997Minnesota3064Health ITSB18902009-201010203/25/200903/25/200908/01/200908/01/200908/01/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2009.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 2009 provides that any amounts paid during a taxable year for health insurance is deductible from income tax.418317_4768418317Minnesota4768Refundable Tax CreditSB20092009-201004/01/200905/20/200904/01/200904/01/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0203.2.html&session=ls86&version=latest&session_number=0&session_year=2009SB 203 establishes a system for the Commissioner of Health to review and supervise the health care cooperative contractual arrangements to ensure that these arrangements are not in violation of state or federal antitrust law. The Commissioner is prohibited from denying an application unless it is determined that the proposed arrangement is likely to result in higher health care costs or diminished access to or quality of health care than would occur in the competitive market.377921_4767377921Minnesota4767Purchasing PoolsSB2032009-20109701/22/200905/20/200905/30/200907/01/200907/01/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0207.1.html&session=ls86&version=latest&session_number=0&session_year=2009SB 207 modifies the eligibility provisions of MinnesotaCare to include children with family income greater than 275 percent of federal poverty guidelines.377924_4763377924Minnesota4763Medicaid/SCHIP EligibilitySB2072009-201001/22/200905/20/200903/25/200903/24/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2070.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 2070 provides for electronic health records federal incentive payments available under the American Recovery and Reinvestment Act of 2009 to qualifying hospitals as soon as the Center for Medicare and Medicaid Services makes the federal money available. According to the bill, the commissioner must pay to each hospital that demonstrates it is engaged in efforts to adopt, implement, or upgrade certified electronic health records technology during the first year federal incentive payments are available an amount equalt to 50 percent of the total incentive payments available for that hospital. The bill indicates that of the hospitals that qualify for 50 percent incentive payments in the first year, those that demonstrate in the second year meaningful use of certified electronic health records are to receive an additional 40 percent of the total incentives available to that hospital.420636_3064420636Minnesota3064Health ITSB20702009-201004/14/200905/20/200904/14/200904/14/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2114.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 2114 concerns alternative care eligibility for elderly people, and maximum assets they can retain, as well as eligibility for welfare and child care services.422155_4763422155Minnesota4763Medicaid/SCHIP EligibilitySB21142009-201004/23/200909/01/200904/24/200904/23/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S2136.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 2136 requires the State Employee Group Insurance Plan to be structured as a high deductible health plan that would allow both the employer and participants to qualify under federal law to use health savings accounts to cover the annual deductible required under the high deductible health plan; provide open access to health care services and unlimited patient choice by providing carrier open access networks for all plans offered; save on health care costs by encouraging price comparison shopping; and create a tax-free, interest-earning fund for future medical expenses. In addition to setting annual deductibles for self-only and family coverage, setting requirements for in-network preventive care, and includes details regarding employer premiums and employer contributions to eligible person's health savings accounts per calendar year. The bill outlines the employer's goals.424355_4760424355Minnesota4760High Deductible Health PlansSB21362009-201005/08/200905/20/200905/09/200905/08/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0417.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 417 creates the Minnesota Health Plan. The bill states that the plan will focus on preventive care and early intervention to improve the health of all Minnesota residents and reduce costs from untreated illnesses and diseases. The bill establishes the Minnesota Health Board to promote the delivery of coordinated health care services that enhances health, prevents disease and disability, slows the progression of chronic diseases, and improves personal health management. The bill also specifies the integration of disease management programs into care delivery.385122_968385122Minnesota968Disease ManagementSB4172009-201002/02/200905/20/200901/31/200902/02/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0417.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 417 creates the Minnesota Health Plan. The bill states that the plan will provide all medically necessary health care services for all Minnesota residents, regardless of their income. The bill also states that all Minnesota residents are eligible for the Minnesota Health Plan, however standards will be established to prevent people from moving to the state for the purpose of obtaining medical care. The bill states that any eligible individual may choose to receive services under the Minnesota Health Plan from any licensed participating provider, who will provide all medically necessary care, subject to specified limitations.385122_4763385122Minnesota4763Medicaid/SCHIP EligibilitySB4172009-201002/02/200905/20/200901/31/200902/02/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0419.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 419 establishes the Office of Health Quality and Planning to assess the quality, access, and funding adequacy of the Minnesota Health Plan. The office shall make annual recommendations to the board on its overall direction, including integration of disease management programs into the delivery of care.385124_968385124Minnesota968Disease ManagementSB4192009-201002/02/200905/20/200901/31/200902/02/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0420.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 420 establishes the Office of Health Quality and Planning to assess the quality, access, and funding adequacy of the Minnesota Health Plan. The office shall make annual recommendations to the board on the overall direction, including integration of disease management programs in the delivery of care.385125_968385125Minnesota968Disease ManagementSB4202009-201002/02/200905/20/200901/31/200902/02/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0049.0.html&session=ls86&version=latest&session_number=0&session_year=2009SB 49 allows an individual a credit against certain taxes due, equal to 20 percent of the health insurance premiums paid from a plan under Section 125 of the Internal Revenue Code. The credit is allowed only for premiums paid after the individual has not had coverage under a health plan for at least one year, and is allowed only for the first 12 months in which an individual participates in the Section 125 plan. In addition to outlining provisions for part-year residents, the bill limits the credit to individuals with household income for the taxable year between 275 and 300 percent of the federal poverty level (FPL) for the applicable family size (if the individual has dependents) or between 200 and 275 percent of the FPL for the applicable family size if the individual has no dependents.370408_4768370408Minnesota4768Refundable Tax CreditSB492009-2010301/08/200905/20/200902/24/200902/23/200902/23/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0695.2.html&session=ls86&version=latest&session_number=0&session_year=2009SB 695 includes schedule IV controlled substances in the controlled substances prescription electronic reporting system. The bill also provides more flexibility to the vendor that the Board of Pharmacy may contract with for the controlled substances prescription electronic reporting system.422506_3064422506Minnesota3064Health ITSB6952009-201002/16/200904/30/200904/29/200904/28/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0695.2.html&session=ls86&version=latest&session_number=0&session_year=2009SB 695 permits children in families with an income greater than 275 percent of FPG to remain on MinnesotaCare. The bill also states that children in families with income equal to or below 275 percent of FPG who fail to submit renewal forms and related documentation necessary for verification of continued eligibility in a timely manner shall remain eligible for MinnesotaCare.422506_4763422506Minnesota4763Medicaid/SCHIP EligibilitySB6952009-201002/16/200904/30/200904/29/200904/28/2009Introducednew https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=S0093.1.html&session=ls86&version=latest&session_number=0&session_year=2009SB 93 eliminates any tort cap limits on the total liability of the state and its employees for any number of claims arising out of a single occurrence for claims arising on or after July 1, 2009, subject to the availability of state funds. The bill keeps the caps applicable to individual claimants in place (currently $400,000 and scheduled to increase to $500,000 on July 1, 2009).372929_1805372929Minnesota1805Medical MalpracticeSB932009-201001/15/200905/20/200902/05/200902/05/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/HB/1400-1499/HB1418IN.htmHB 1418 repeals the Children's Health Insurance Program and expands Medicaid eligibility for children and pregnant women to 200 percent of the federal poverty level.378367_4763378367Mississippi4763Medicaid/SCHIP EligibilityHB1418200901/19/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/HB/1400-1499/HB1424PS.htmHB 1424 revises provisions of law regarding the Comprehensive Health Insurance Risk Pool Association. It revises definitions for the pool, including clarifying creditable coverage and health insurance coverage. The bill allows the pool to employ cost containment measures including, but not limited to, disease management programs and incentives for participation. The bill increases the lifetime maximum benefits.378633_4767378633Mississippi4767Purchasing PoolsHB1424200901/19/200905/20/200903/10/200903/09/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/HB/1500-1599/HB1553IN.htmHB 1553 creates a small business health insurance pool that provides certain eligible small employers premium incentive payments and employees assistance for paying premiums.378369_4767378369Mississippi4767Purchasing PoolsHB1553200901/19/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/HB/1500-1599/HB1565IN.htmHB 1565 requires all malpractice claims to be reviewed by a medical review panel; allows parties to mutually agree to opt out of this requirement; establishes the membership, scope and form of the panel; provides for panelist immunity and compensation; and requires the losing party to pay attorney fees to the prevailing party under certain circumstances.378546_1805378546Mississippi1805Medical MalpracticeHB1565200901/19/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/HB/0300-0399/HB0352IN.htmHB 352 allows an attorney to show compliance with expert certificate requirements in wrongful death actions by showing either a consultation with a qualified expert prior to the complaint's filing or by showing that failure to provide the certificate was a result of excusable neglect.369812_1805369812Mississippi1805Medical MalpracticeHB352200901/08/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/HB/0500-0599/HB0573IN.htmHB 573 establishes the Mississippi Health Insurance Exchange to provide state residents and other eligible individuals with access to, choice, and portability of health insurance products; procedures for enrollment; and election of coverage. The measure provides that any small employer may apply to the exchange for coverage.372993_4767372993Mississippi4767Purchasing PoolsHB573200901/13/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/HB/0800-0899/HB0809IN.htmHB 809 directs the Division of Medicaid to contract with an entity to develop, maintain, and operate a database of Medicaid recipients' electronic medical records. In addition to including details regarding which providers may be allowed to look at a recipient's records, the bill directs the Division to adopt rules requiring providers to transfer medical records information to the database for the Medicaid recipients to whom they provide services.375885_3064375885Mississippi3064Health ITHB809200901/19/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/HB/0800-0899/HB0860IN.htmHB 860 provides that the state Department of Health (Department) will establish the Wisewoman Program and the Wiseman Program. The bill states that the programs' purposes and goals are to reduce the incidences of certain chronic diseases among residents through education, prevention, and early screening and detection. The bill authorizes the Department to contract with public or private clinics or agencies that have demonstrated success in reducing incidences of those chronic diseases through education, prevention, and early screening and detection. The bill directs the legislature to appropriate not less than a certain sum annually from the Health Care Expendable Fund to the State Department, to be expended exclusively for those programs.375914_968375914Mississippi968Disease ManagementHB860200901/19/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2001-2099/SB2008IN.htmSB 2008 establishes a statewide health improvement grant program and health care home and reporting requirements as required service within Medicaid and SCHIP Program, focusing initially on patients who have or are at risk of developing chronic health conditions.368842_968368842Mississippi968Disease ManagementSB2008200901/06/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2001-2099/SB2008IN.htmSB 2008 establishes requirements for interoperable health care records and an electronic prescription drug program and provides for health care payment restructuring by the commissioner of insurance.368842_3064368842Mississippi3064Health ITSB2008200901/06/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2001-2099/SB2008IN.htmSB 2008 provides for Payment restructuring, or incentive payments based on quality of care. By July 1, 2009, the commissioner shall develop a system of quality incentive payments under which providers are eligible for quality-based payments that are in addition to existing payment levels, based upon a comparison of provider performance against specified targets, and improvement over time.368842_4766368842Mississippi4766Physician P4PSB2008200901/06/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2001-2099/SB2008IN.htmSB 2008 states that the Commissioner of Insurance will develop a health care affordability proposal for eligible individuals and employees with access to employer-subsidized health coverage and with gross family incomes of three hundred percent (300%) of the federal poverty guidelines or less.368842_4767368842Mississippi4767Purchasing PoolsSB2008200901/06/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2001-2099/SB2078IN.htmSB 2078 requires malpractice claims to be reviewed by a newly-established medical malpractice commission.368922_1805368922Mississippi1805Medical MalpracticeSB2078200901/06/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2001-2099/SB2086IN.htmSB 2086 creates the Small Employer Insurance Association to provide State residents and other eligible individuals with access to health insurance products. The association has the authority to contract with small employers to act as the plan administrator for participating employer plans.369039_4767369039Mississippi4767Purchasing PoolsSB2086200901/06/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2100-2199/SB2152IN.htmSB 2152 directs the Healthcare Coordinating Council to report on specific health goals, research preventative strategies, and debate health education objectives in the hopes of establishing a comprehensive preventative health care plan. Among the goals: increase the number of citizens with health insurance coverage by twenty-five percent (25%) by 2018; Chronic disease goals for Mississippi shall include: Develop a diabetes practice standards plan to reduce diabetes by five percent (5%) by 2018; Lower the Mississippi obesity rate to less than twenty percent (20%) by 2018; Create a comprehensive student education, screening and referral program; and Develop a practice plan for Cardio-Vascular Disease (CVD).368910_968368910Mississippi968Disease ManagementSB2152200901/06/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2300-2399/SB2345IN.htmSB 2345 provides a tax credit equal to the amount paid by a taxpayer for any health insurance premiums. Credit shall not exceed $500.369929_4768369929Mississippi4768Refundable Tax CreditSB2345200901/08/200905/20/200902/26/200902/25/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2300-2399/SB2390CS.htmSB 2390 provide a limitation of liability of $500,000 under the tort claims act to physicians who provide medical services to medicaid recipients.369911_1805369911Mississippi1805Medical MalpracticeSB2390200901/08/200905/20/200902/07/200902/06/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2600-2699/SB2668PS.htmSB 2668 establishes the Mississippi Health Insurance Exchange to provide for participation of employer plans, to prescribe underwriting rules, to provide for continuation of coverage, and to provide dispute resolution. The measure provides for participating employer plans; payments of commissions to insurance producers and that the Mississippi Health Insurance Exchange has the authority to determine the rate of commission a producer is paid. The bill also brings forward the "voluntary basic health insurance coverage law", for purpose of amendment, including promulgation of rules and that contracts of insurance coverage offered by approved carriers that are approved by the Commissioner of Insurance shall be exempt from all state mandated benefits and from the premium tax.374221_4767374221Mississippi4767Purchasing PoolsSB2668200901/15/200905/20/200903/04/200903/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2800-2899/SB2842SG.htmSB 2842 allows the Comprehensive Health Insurance Risk Pool Association to employ cost containment measures. The bill lists disease management programs and incentives for participation as being among the cost containment measures the pool may employ.376622_968376622Mississippi968Disease ManagementSB2842200938501/19/200905/20/200903/20/200903/18/200907/01/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2800-2899/SB2842SG.htmSB 2842 revises provisions of law regarding the Comprehensive Health Insurance Risk Pool Association. The bill states that the pool provides a health insurance program for those who, because of health conditions, cannot secure coverage.376622_4767376622Mississippi4767Purchasing PoolsSB2842200938501/19/200905/20/200903/20/200903/18/200907/01/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/2800-2899/SB2887IN.htmSB 2887 establishes the Mississippi Health Insurance Exchange to provide for participation of employer plans, to prescribe underwriting rules, to provide for continuation of coverage, and to provide dispute resolution. The measure provides for participating employer plans; payments of commissions to insurance producers and that the Mississippi Health Insurance Exchange has the authority to determine the rate of commission a producer is paid.376921_4767376921Mississippi4767Purchasing PoolsSB2887200901/19/200905/20/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/3000-3099/SB3002IN.htmSB 3002 requires that eligibility for medical services assistance be verified at least every six months.376356_4763376356Mississippi4763Medicaid/SCHIP EligibilitySB3002200901/19/200909/02/200902/05/200902/03/2009Introducednew http://billstatus.ls.state.ms.us/documents/2009/html/SB/3000-3099/SB3073PS.htmSB 3073 requires the contemporaneous filing of a certificate of merit as a condition of filing any action for damages alleging professional negligence by any licensed professional, including medical professionals.383012_1805383012Mississippi1805Medical MalpracticeSB3073200901/19/200905/20/200903/04/200903/03/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB1089I.htmHB 1089 establishes the Missouri Health Policy Authority within the Department of Health and Senior Services to develop and maintain a coordinated health policy agenda that combines effective purchasing and administration of health care with health promotion oriented public health strategies. The bill authorizes the Authority to establish policies and adopt rules for the implementation of its duties. According to the bill, these duties include, among others, data record management and responsibility for purchasing information systems.417542_3064417542Missouri3064Health ITHB1089200903/26/200905/20/200905/19/200905/15/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB1164I.htmHB 1164 establishes the Missouri Universal Health Assurance Program to provide a single publicly financed comprehensive health care services. To finance the program, every Missouri resident is required to pay a health premium surcharge prorated based on the person's Missouri adjusted gross income which will be collected by the Department of Revenue and deposited into the trust fund. No later than 30 days after the effective date of the bill, the Department of Social Services is required to apply to the United States Secretary of Health and Human Services for all health care program waivers that will allow the state to deposit federal funds into the trust fund. The department is also required to identify other federal funding sources.418946_4762418946Missouri4762Individual MandateHB1164200904/01/200905/20/200905/19/200905/15/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB0143I.htmHB 143 provides additional funds for the universal health insurance program by creating a uniform computerized electronic billing system, including those areas of the state where electronic billing is not yet established. Additionally, the bill creates a standardized, confidential electronic patient record system in accordance with laws and rules to maintain accurate records and to simplify the billing process, thereby reducing medical errors and bureaucracy.367035_3064367035Missouri3064Health ITHB143200901/07/200905/20/200905/19/200905/15/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/truly/HB0218T.HTMHB 218 changes the eligibility for health insurance coverage under the Missouri Health Insurance Pool. Currently, a person who has health insurance coverage through an insurer who experiences a premium rate increase to 150% to 200% of the rates established by the board of the pool is eligible to obtain coverage through the pool. After December 31, 2009, only persons whose premiums have increased to 300% of the rates will be eligible for coverage. The bill removes the 300% requirement and allows individuals who experience a premium rate increase to 150% to 200% of the established rates to be eligible for pool coverage.369569_4767369569Missouri4767Purchasing PoolsHB218200901/07/200905/20/200907/08/200907/07/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/senate/0666L.02C.htmHB 229 modifies several provisions relating to the regulation of health insurance. It adds health insurance coverage provided under the SCHIP program to the list of insurance that qualifies a creditable coverage for purposes of the high risk pool. The bill modifies the definition of the term "significant break in coverage." Under current law, a person who has health insurance coverage but who premiums have increased to 150% to 200% of the rates is eligible for coverage under the high risk pool. The bill repeals the 150% floor so that a person with health insurance coverage whose premiums have increased beyond the eligibility limits set by the board may still qualify for pool coverage.369776_4767369776Missouri4767Purchasing PoolsHB229200901/08/200905/20/200904/30/200905/15/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB0232I.htmHB 232 clarifies provisions of the Missouri Health Insurance Pool (MHIP), including: (1) Specifies that any person who has exhausted all of his or her total lifetime health insurance benefits from a health insurer will be eligible to be a member of the pool; (2) Requires the MHIP Board to establish eligibility limits that cannot be in excess of 200 percent of the standard rates for individual health insurance overage; (3) Specifies that federally defined eligible individuals are not disqualified from being eligible for the pool; (4) Requires all health insurers to notify an insured person when he or she has exhausted 85 percent of his or her total lifetime health insurance benefits and of the person's eligibility for and the methods of applying for coverage under the pool; and, (5) Allows the board to determine which health benefit plans are in the best interest of the individuals covered under the pool.369644_4767369644Missouri4767Purchasing PoolsHB232200901/08/200905/20/200902/06/200905/15/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB0398I.htmHB 398 changes the requirements for admissibility of evidence regarding the value of medical treatment provided.381233_1805381233Missouri1805Medical MalpracticeHB398200901/26/200905/20/200905/19/200905/15/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB0508I.htmHB 508 requires medical malpractice insurers to establish premiums based on average medical malpractice judgments in the county in which the provider practices.383848_1805383848Missouri1805Medical MalpracticeHB508200901/29/200905/20/200905/19/200905/15/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB0512I.htmHB 512 adds specialists and others to the list of health care providers for whom the State Legal Expense Fund is available for payment of certain claims filed against a provider.384660_1805384660Missouri1805Medical MalpracticeHB512200901/29/200905/20/200905/19/200905/15/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB0060I.htmHB 60 expands coverage under the Missouri Health Insurance Pool to include persons who have exhausted their total lifetime benefits. The bill provides that an individual who is eligible and has an income of less than 350% of the federal poverty level will receive a 50% discount off the pool's premiums. The measure also requires an insurer to notify the insured about the insurance pool when eighty-five percent of benefits have been exhausted.365597_4767365597Missouri4767Purchasing PoolsHB60200901/07/200905/20/200902/04/200905/15/2009Introducednew http://www.house.mo.gov/billtracking/bills091/biltxt/intro/HB0748I.htmHB 748 changes the laws regarding the Missouri High Risk Health Insurance Pool (MHIP). The bill, in part, provides that an individual who has had prior creditable coverage with a group, governmental, or church plan and is not eligible for certain Social Security or Title XIX benefits; does not have other health insurance coverage; and has exhausted continuation of coverage through COBRA will be eligible for coverage under the pool. changes the laws regarding the Missouri High Risk Health Insurance Pool (MHIP). The bill revises eligibility and waiting period guidelines, and establishes a premium assistance program for the pool.397086_4767397086Missouri4767Purchasing PoolsHB748200902/17/200905/20/200902/26/200905/15/2009Introducednew http://www.senate.mo.gov/09info/pdf-bill/intro/SB120.pdfSB 120 allows small employers to join the Missouri Consolidated Health Care Plan. For purposes of the act, the term small employer means an employer who employed an average of at least one but not more than fifty persons during the preceding calendar year and who employs at least one person on the first day of the plan year. A small employer includes a sole proprietor and a partner of a partnership. The state health care plan shall maintain a separate benefit trust fund account for premium payments and other income received from small employers.366709_4767366709Missouri4767Purchasing PoolsSB120200901/07/200905/20/200902/25/200905/15/2009Introducednew http://www.senate.mo.gov/09info/pdf-bill/intro/SB148.pdfHB 148 provides an income tax deduction in the amount equal to 100 percent of the premium paid by the taxpayer during the taxable year for high deductible health plans established and used with a health savings account under the applicable provisions of the Internal Revenue Code to the extent the amount is not deducted on the taxpayer's federal income tax return for that taxable year.368715_4760368715Missouri4760High Deductible Health PlansSB148200901/07/200905/20/200901/23/200905/15/2009Introducednew http://www.senate.mo.gov/09info/pdf-bill/intro/SB148.pdfHB 148 provides an income tax deduction in the amount equal to 100 percent of the premium paid by the taxpayer during the taxable year for high deductible health plans established and used with a health savings account under the applicable provisions of the Internal Revenue Code to the extent the amount is not deducted on the taxpayer's federal income tax return for that taxable year.368715_4768368715Missouri4768Refundable Tax CreditSB148200901/07/200905/20/200901/23/200905/15/2009Introducednew http://www.senate.mo.gov/09info/pdf-bill/intro/SB149.pdfSB 149 expresses the state's recognition of the delivery of health care via telehealth as a safe, practical and necessary practice in the state. By January 1, 2010, the Department of Health and Senior Services shall promulgate quality control rules to be used in removing and improving the service of telehealth practitioners.368688_3064368688Missouri3064Health ITSB149200901/07/200905/20/200903/25/200905/15/2009Introducednew http://www.senate.mo.gov/09info/pdf-bill/comm/SB18.pdfSB 18 raises the income limit for eligibility for MO HealthNet services for the elderly and permanently and totally disabled populations from 85 percent of the federal poverty level to 100 percent of the federal poverty level. As to the permanently and totally disabled population, this act allows the Family Support division to exclude certain income or resources of a parent or parents in determining the applicant's eligibility for MO HealthNet benefits.365595_4763365595Missouri4763Medicaid/SCHIP EligibilitySB18200901/07/200905/20/200905/16/200905/15/2009Introducednew http://www.senate.mo.gov/09info/pdf-bill/comm/SB18.pdfSB 18 allows small employers to join the Missouri Consolidated Health Care Plan. For purposes of the act, the term small employer means an employer who employed an average of at least one but not more than fifty persons during the preceding calendar year and who employs at least one person on the first day of the plan year. A small employer includes a sole proprietor and a partner of a partnership. The state health care plan shall maintain a separate benefit trust fund account for premium payments and other income received from small employers.365595_4767365595Missouri4767Purchasing PoolsSB18200901/07/200905/20/200905/16/200905/15/2009Introducednew http://www.senate.mo.gov/09info/pdf-bill/hcs/SB306.pdfSB 306 appropriates funds from the health care technology fund to the department of social services to award a grant to implement an internet web-based primary care access pilot project designed as a collaboration between private and public sectors to connect, where appropriate, a patient with a primary care medical home, and schedule patients into available community-based appointments as an alternative to non-emergency use of the hospital emergency room as consistent with federal law and regulations. The plan shall include medically necessary services, including case management, care coordination, and disease management.388572_968388572Missouri968Disease ManagementSB306200902/04/2009</