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Legislative Watch List – March 12, 2012 SB1985 / HB1087 Coverage for orally administered anticancer medications. Category Insurance Health Sponsors Sen. Eric Stewart / Rep. Glen Casada Description Requires policies that provide coverage for cancer chemotherapy treatment to also provide coverage for prescribed orally administered anticancer medication on at least an equivalent basis as its coverage for intravenously administered or injected cancer medications without increasing an insured's co-payment, deductible, or coinsurance amounts for coverage of intravenous or injected cancer medications. Senate Status 03/08/2012 - Set for Senate Commerce, Labor & Agriculture Committee Calendar 2 03/13/12. House Status 03/08/2012 - Set for House General Subcommittee of Commerce 03/14/12. SB2161 / HB2815 Disbursement of federal Title X family planning funds. Category Health Care Sponsors Sen. Stacey Campfield / Rep. Jeremy Faison Description Revises current law to restrict the entities to which the department of health may disburse federal title X family planning funds to certain public agencies. Senate Status 03/08/2012 - Set for Senate Health & Welfare Committee 03/14/12. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB2212 / HB2350 State insurance plans not subject to certain regulation. Category Government Organization Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Specifies that state insurance plans are not subject to regulation by the department of commerce and insurance or the jurisdiction of the department of health. No provision of Title 56 applies to these plans unless explicitly stated. (Part of Administration Package 2012) Senate Status 03/08/2012 - Set for Senate State & Local Government Committee 03/13/12. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. Executive 03/05/2012 - Council on Pensions & Insurance approved with Status amendment. SB2221 / HB2359 Revises provisions governing emergency medical services. Category Health Care Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Revises various provisions governing emergency medical services. Requires licensure instead of certification for EMT or EMT-P. Defines position of Emergency Medical Services Director. (Part of Administration Package 2012) Amendment House Health & Human Resources amendment 1 (01291118) requires EMS directors to be licensed. Grandfathers in EMS directors that are serving at the time this law is enacted. Senate amendment 2 (01402418) corrects typographical errors. Senate Status 03/08/2012 - Senate passed with amendment 2, which corrects typographical errors. House Status 03/08/2012 - Set for House floor on 03/12/2012. SB2235 / HB2373 Sale and purchase of immediate methamphetamine precursor. Category Criminal Law Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Clarifies that attempting to sell or buy methamphetamine precursors with intent to make methamphetamine, sell it or deliver it to someone who intends to, or with reckless disregard for the precursor's intended use or the recipient's intent are class A misdemeanors. (Part of Administration Package 2012) Senate Status 02/13/2012 - Senate passed. House Status 03/08/2012 - Set for House General Subcommittee of Judiciary 03/14/12. SB2237 / HB2375 Department of homeland security partnership agreements. Category Government Regulation Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Authorizes the department of safety and homeland security to enter into partnership agreements with nonprofit organizations for the purpose of promoting and supporting the goals and objectives of the agency. Specifies criteria which a nonprofit organization must meet to qualify as a nonprofit partner to the department. Requires that all full board meetings of a nonprofit organization concerning activities authorized by Section 2 of this bill or pursuant to the present law authorizing TWRA to sell advertising in its publications to be open to the public, except for executive sessions that include matters such as litigation, audits or investigations, or human resource issues. (Part of Administration Package 2012) Senate Status 03/08/2012 - Set for Senate Transportation & Safety Committee 03/14/12. House Status 03/08/2012 - Set for House General Subcommittee of Transportation 03/13/12. SB2245 / HB2383 Appropriations - co-payment adjustments in TennCare. Category Public Finance Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Senate Finance amendment 1, House amendment 1 (01153895) rewrites the bill. Appropriates funds to restore 1.5 percent of the 4.25 percent rate reductions and eliminate the $2 co-payment in the TennCare program which took effect January 1, 2012. This is estimated to increase state expenditures by $6,308,100 and to increase federal expenditures by $12,373,100. (Part of Administration Package 2012) Amendment Senate Finance amendment 1, House amendment 1 (01153895) rewrites the bill. Appropriates funds to restore 1.75 percent (rather than 1.5 percent as in the original bill) of the 4.25 percent rate reductions and eliminate the $2 co-payment in the TennCare program which took effect January 1, 2012. This is estimated to increase state expenditures by $7,251,800 and to increase federal expenditures by $14,224,100. Senate Status 03/08/2012 - Set for Senate Finance, Ways & Means Committee 03/13/12. House Status 02/27/2012 - House passed with amendment 1. SB2253 / HB2391 TN Prescription Safety Act of 2012. Category Health Care Sponsors Sen. Mark S. Norris / Rep. Gerald McCormick Description Enacts "Tennessee Prescription Safety Act of 2012." Expands and clarifies the "Controlled Substances Monitoring Act of 2011." Authorizes the commissioner of health to promulgate rules on the sharing and dissemination of data and information in the database with other states and enter into such agreements. Requires all prescribers, dispensers, and physician extenders in practice for more than three calendar days per year in Tennessee to be registered in the controlled substance database. Requires prescribers and dispensers to submit information on dispensed controlled substances, including whether the prescription is new, the date the prescription was issued, and the source of payment, to the database within 24 hours, instead of monthly. Requires the controlled substance database committee to review the information in the database and notify law enforcement of any violations of law. Adds to the list of who confidential database information may be available to and requires each database user to have a separate authentication access code. Requires prescribers and dispensers to check the controlled substance database prior to prescribing or dispensing a controlled substance at the beginning of a new treatment and least every six months after that. (14 pp) (Part of Administration Package 2012) Senate Status 03/08/2012 - Set for Senate Judiciary Committee 03/13/12. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB2313 / HB2516 Board of nursing - sunset. Category Government Organization Sponsors Sen. Mike Bell / Rep. Jim Cobb Description Extends the termination date of the Board of Nursing to June 30, 2014. Under the Tennessee Governmental Entity Review Law, the Board was scheduled to terminate on June 30, 2011, and is currently in winddown. Alters the membership composition of the board. Reduces, from four to two, the number of consecutive terms a member may serve. Requires that seven members of the board be physically present at a meeting before a license may be suspended. Requires the Uniform Administrative Procedures Act be applicable to all disciplinary proceedings. Amendment HOUSE GOVERNMENT OPERATIONS AMENDMENT 2, SENATE AMENDMENT 1 (01337061) removes the bill's requirement that the board have seven members of the board physically present to hear testimony, consider evidence, deliberate and render a decision before any action is taken to suspend summarily a license. SENATE AMENDMENT 2 (01372732) revises provisions governing appointments to the board. Under present law, nurse members of the board may be appointed by the governor from lists of nominees submitted by their respective organizations. This amendment revises this provision to instead provide that nurses may be appointed from lists of qualified persons submitted by interested nursing groups, including but not limited to the potential members' respective organizations. This amendment requires the governor to consult with interested nursing groups to determine qualified persons to fill the positions. Senate Status 03/08/2012 - Senate passed with amendments 1 and 2. Amendment 1 removes requirement that the board have seven members of the board physically present to hear testimony, consider evidence, deliberate and render a decision before any action is taken to suspend summarily a license. Amendment 2 revises provisions governing appointments to the board. Under present law, nurse members of the board may be appointed by the governor from lists of nominees submitted by their respective organizations. This amendment revises this provision to instead provide that nurses may be appointed from lists of qualified persons submitted by interested nursing groups, including but not limited to the potential members' respective organizations. This amendment requires the governor to consult with interested nursing groups to determine qualified persons to fill the positions. House Status 03/08/2012 - House deferred to 03/12/2012. SB2353 / HB2479 Definition of physician expanded under PPO Transparency Act. Category Professions & Licensure Sponsors Sen. Eric Stewart / Rep. Charles Curtiss Description Expands the definition of a physician in the Preferred Provider Organization Transparency Act to include chiropractic physicians. Senate Status 02/27/2012 - Senate passed. House Status 03/08/2012 - Set for House Health & Human Resources Committee 03/14/12. SB2414 / HB2574 Requires suspension of doctor with federal drug indictment. Category Health Care Sponsors Sen. Randy McNally / Rep. Bill Dunn Description Authorizes the commissioner of health or the practitioner's licensing board to suspend on an emergency basis the license of a practitioner who is under state or federal indictment involving sale or dispensing controlled substances. Senate Status 03/08/2012 - Set for Senate Health & Welfare Committee 03/14/12. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB2416 / HB2568 Drug overdose reporting requirements established. Category Health Care Sponsors Sen. Randy McNally / Rep. Bill Dunn Description Requires the board for licensing health care facilities to establish a protocol by rule for hospitals, community health centers, and clinics to report drug overdoses by January 1, 2013. Amendment Senate Health & Welfare amendment 1 (01413718) rewrites the bill. Requires the commissioner of health to establish a protocol for use by medical examiners in cases involving death resulting from drug overdose. Requires THA to submit to the board for licensing health care facilities an annul report of the prior year's de-identified aggregate claims data on every discharge that provides data from every claim that includes coded overdoses and deaths due to controlled substances reported by hospitals. Senate Health & Welfare amendment 2 (01375868) names this act "The Henry Granju Act." Senate Status 03/08/2012 - Set for Senate Health & Welfare Committee 03/14/12. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB2419 / HB2573 Federal drug indictment - emergency suspension of doctor. Category Professions & Licensure Sponsors Sen. Randy McNally / Rep. Bill Dunn Description Authorizes the commissioner of health or the practitioner's licensing board to suspend on an emergency basis the license of a practitioner who is under any state or federal indictment involving controlled substances. Senate Status 01/18/2012 - Referred to Senate Health & Welfare Committee. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB2542 / HB2672 Gun ownership by applicant or insured. Category Insurance Health Sponsors Sen. Stacey Campfield / Rep. Jeremy Faison Description Prohibits health care providers and facilities for inquiring about a patient's or a patient's family member's firearm or ammunition ownership or storage. Allows emergency medical providers to inquire in cases where the information is necessary to treat a patient in an emergency, or to protect the patient or others from immediate danger. Prohibits insurance providers from discriminating against an applicant based on gun ownership. Senate Status 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. House Status 03/08/2012 - Set for House General Subcommittee of Judiciary 03/14/12. SB2559 / HB2664 Reporting of injuries from female genital mutilation. Category Health Care Sponsors Sen. Bill Ketron / Rep. Jeremy Faison Description Requires health care providers to report injuries of patients that appear to be suffering from or to have been the victim of female genital mutilation. Broadly captioned. Senate Status 03/08/2012 - Set for Senate Consent 2 03/12/12. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB2581 / HB2549 Health care providers - interventional pain management. Category Health Care Sponsors Sen. Stacey Campfield / Rep. Matthew Hill Description Authorizes the board of nursing to provide a certificate of competence in interventional pain management to a certified registered nurse anesthetist (CRNA), which will allow the CRNA to perform invasive procedures involving any portion of the spine, spinal cord, sympathetic nerves or block of major peripheral nerves, if the CRNA provides the board with certain evidence. Also authorizes the board of nursing to provide a certificate of competence in interventional pain management to a nurse practitioner if the nurse practitioner provides certain evidence to the board. Authorizes the committee on physician assistants to provide a certificate of competence in interventional pain management to a physician assistant if the physician assistant provides certain evidence to the commission. Specifies requirements for physicians practicing interventional pain management. Senate Status 01/23/2012 - Referred to Senate Health & Welfare Committee. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB2587 / HB2724 Pain management clinics prescribing medication. Category Professions & Licensure Sponsors Sen. Ken Yager / Rep. Bob Ramsey Description Revises the list of prescribed medication for patients at a pain management clinic. Amendment House General Subcommittee of Health & Human Resources amendment 1 (01397518) rewrites the bill. Changes the definition of "pain management clinic" to a privately-owned facility in which a majority of the facility's patients seen by all of its medical doctors, osteopathic physicians, advanced practice nurses with certificates of fitness to prescribe, or physician assistants during the previous calendar year were issued a prescription for, or were dispensed, opioids, benzodiazepine, barbiturates, or carisoprodol, but not suboxone, for more than 90 days. Clarifies that an outpatient facility or clinic of a hospital is exempt from the laws regulating Pain Management Clinics, if such outpatient facility or clinic is regulated under Title 68. Revises current code that provides for a pain management clinic operating on or before January 1, 2012, to continue to operate as long as an application for certification is timely filed within 30 days after the department has published the application form to instead allow a pain management clinic operating on or before January 1, 2012, to continue to operate as long as an application for certification is timely filed on or before October 1, 2012. Specifies that such provision shall apply retroactively to applications for certification filed since January 1, 2012. Adds that a pain management clinic that has been denied a certificate or renewal of a certificate may appeal the decision in accordance with UAPA. Provides procedures for a registered pain management clinic to voluntarily inactivate its certificate. Senate Status 03/08/2012 - Set for Senate Health & Welfare Committee 03/14/12. House Status 03/08/2012 - Set for House Health & Human Resources Committee 03/14/12. SB2609 / HB2684 Unauthorized use of physician DEA registration number. Category Tort Liability Sponsors Sen. Charlotte Burks / Rep. Ryan Williams Description Provides immunity to any medical doctor or osteopathic physician who makes a report to a law enforcement agency regarding unauthorized use of the doctor or physician's DEA registration number by an employee of the doctor or contractor of the doctor to write prescriptions. Amendment House General Subcommittee of Health & Human Resources amendment 1 (01350818) deletes the provision providing criminal immunity to any medical doctor or osteopathic physician who makes a report to a law enforcement agency regarding unauthorized use of the doctor or physician's DEA registration number by an employee of the doctor or contractor of the doctor to write prescriptions. Senate Status 03/08/2012 - Set for Senate Health & Welfare Committee 03/14/12. House Status 03/08/2012 - Set for House Health & Human Resources Committee 03/14/12. SB2634 / HB2497 Health insurance offered in other states permitted in TN. Category Insurance Health Sponsors Sen. Jack Johnson / Rep. Glen Casada Description Allows insurers authorized to sell insurance in Tennessee to issue individual accident and sickness policies in Tennessee that are currently approved for issuance in another state. Specifies that "individual accident and sickness policy" includes comprehensive major medical coverage for medical and surgical benefits, and also includes "high deductible health plans" sold or maintained under Section 223 of the Internal Revenue Code. Senate Status 01/23/2012 - Referred to Senate Commerce, Labor & Agriculture. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB2658 / HB2857 Assault and aggravated assault against health care provider. Category Criminal Law Sponsors Sen. Tim Barnes / Rep. Debra Young Maggart Description Increases the punishment for assault and aggravated assault against health care providers. Senate Status 03/01/2012 - Senate deferred to 03/15/12. House Status 02/22/2012 - House General Subcommittee of Judiciary deferred to the last calendar, after adopting an amendment. SB2679 / HB2834 Immunity when reporting certain injuries in good faith. Category Criminal Law Sponsors Sen. Mae Beavers / Rep. Barrett Rich Description Requires health care providers to notify law enforcement of injuries believed to be caused by exposure to a meth lab. Grants civil and criminal immunity to those making reports in good faith. Makes violations a Class A misdemeanor. Amendment Senate Judiciary amendment 1, House Judiciary amendment 1 (01303166) deletes all language after the enacting clause. Requires physicians to report to law enforcement, within two business days, any wound or injury resulting from exposure to a methamphetamine laboratory or methamphetamine laboratory related fire, explosion, or chemical release. Violation is punishable as a Class a misdemeanor. Grants immunity from any civil liability to those physicians who report such wound or injury and provides that such person will have an affirmative defense to any criminal liability arising from the protected activity. Senate Status 03/08/2012 - Set for Senate Judiciary Committee 03/13/12. House Status 03/08/2012 - Set for House floor on 03/12/2012. SB2680 / HB2957 Certificate to operate a pain management clinic. Category Health Care Sponsors Sen. Brian K. Kelsey / Rep. Mark White Description Extends the grace period for renewing a certificate to operate a pain management clinic from 90 days to 120 days. Senate Status 03/08/2012 - Set for Senate Health & Welfare Committee 03/14/12. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB2766 / HB3446 Annual Coverage Assessment Act of 2012. Category Tenncare Sponsors Sen. Doug Overbey / Rep. Michael Harrison Description Enacts the "Annual Coverage Assessment Act of 2012." Provides criteria for determination of the annual assessment imposed on hospitals covered under TennCare. Amendment Senate amendment 1 (01328918) corrects a drafting error. Senate Status 02/27/2012 - Senate passed with amendment 1 (01328918), which corrects a drafting error. House Status 03/08/2012 - Set for House floor on 03/12/2012. SB2874 / HB3028 Child abuse - mother's ingestion of drugs during pregnancy. Category Criminal Law Sponsors Sen. Steve Southerland / Rep. David B. Hawk Description Includes ingestion of illegal drugs during pregnancy, which causes the child to be born with illegal substances present within the child's bodily fluids, as part of the definition for severe child abuse. Broadly captioned. Senate Status 01/26/2012 - Referred to Senate Judiciary. House Status 03/08/2012 - Set for House General Subcommittee of Judiciary 03/14/12. SB2943 / HB3157 Minimum health coverage for Memphis Plan Act of 1991. Category Insurance Health Sponsors Sen. Mark S. Norris / Rep. John J. Deberry Jr. Description Specifies that coverage made available in plans under the Memphis Plan Act of 1991 constitutes minimum essential health coverage for purposes of compliance with federal law regarding maintaining minimum essential coverage (26 USC 5000A). Senate Status 03/08/2012 - Set for Senate Commerce, Labor & Agriculture Committee 03/13/12. House Status 03/08/2012 - Set for House Commerce Committee 03/13/12. SB3003 / HB2567 Tamper-resistance technology extended to opioid analgesics. Category Health Care Sponsors Sen. Bo Watson / Rep. Glen Casada Description Requires pharmacists dispensing opioid analgesic drugs to dispense a form whose formula uses tamper resistant technology to deter tampering or abuse. Senate Status 01/30/2012 - Referred to Senate Health & Welfare. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB3220 / HB3310 Money received by Tennessee through Medicaid reimbursements. Category Public Finance Sponsors Sen. Randy McNally / Rep. Charles M. Sargent Description Allows, until such time as the federal government reimburses Tennessee for monies erroneously received in connection with individuals erroneously enrolled in the Medicaid program, the commissioner of commerce and insurance to project income for any applicant on a state-based insurance exchange that would make such person ineligible for Medicaid. Tennessee will not be obligated to reimburse the federal government for erroneous payments if the applicant is subsequently determined eligible for Medicaid. Broadly captioned. Senate Status 02/14/2012 - Taken off notice in Senate Commerce, Labor & Agriculture. House Status 03/08/2012 - Set for House General Subcommittee of Commerce 03/14/12. SB3383 / HB3544 Sunset - TennCare pharmacy advisory committee. Category Government Organization Sponsors Sen. Mike Bell / Rep. Jim Cobb Description Sunsets the state TennCare pharmacy advisory committee on June 30, 2016. Amendment Senate amendment 1 (01355232) changes present law by authorizing, rather than requiring, the governor and the speakers of each chamber of the general assembly to select appointees to the TennCare pharmacy advisory committee from lists of names that are submitted by interested groups. Present law requires that many of the appointees to the committee must be selected from lists of nominees that are submitted by specific interest groups. This amendment authorizes any relevant interest group to submit lists of qualified persons for consideration to the committee. This amendment requires the governor and the speakers to consult with interested groups to determine qualified persons to fill the positions. Senate Status 03/08/2012 - Senate passed with amendment 1, which changes present law by authorizing, rather than requiring, the governor and the speakers of each chamber of the general assembly to select appointees to the TennCare pharmacy advisory committee from lists of names that are submitted by interested groups. Present law requires that many of the appointees to the committee must be selected from lists of nominees that are submitted by specific interest groups. This amendment authorizes any relevant interest group to submit lists of qualified persons for consideration to the committee. This amendment requires the governor and the speakers to consult with interested groups to determine qualified persons to fill the positions. House Status 03/08/2012 - Set for House Government Operations Committee 03/14/12. SB3540 / HB2792 Use of telemedicine to provide abortion services. Category Health Care Sponsors Sen. Rusty Crowe / Rep. Matthew Hill Description Changes effective date for Chapter 434 of the Public Acts of 2011 from January 1, 2013 to July 1, 2012. The Act prohibits physicians from utilizing telemedicine to provide abortion services. Senate Status 03/08/2012 - Set for Senate Consent 2 03/12/12. House Status 02/15/2012 - House Health & Human Resources recommended. Sent to House Calendar & Rules. SB3627 / HB2801 Supervision - performance of hormone replacement therapy. Category Professions & Licensure Sponsors Sen. Bo Watson / Rep. Phillip Johnson Description Allows the board to deny, revoke, or suspend the license of any physician who supervises a non-physician performing hormone replacement therapy, if such physician is employed by or contracted with an entity not owned or controlled by physicians licensed in this state. Amendment House General Subcommittee of Health & Human Resources amendment 1 (01403418) rewrites the bill. Defines "hormone replacement therapy clinic" and "hormone replacement therapy" (HRT). Requires all HRT to be performed by a licensed physician or delegated by such physician to specified professionals, and requires written protocols in the case of delegation. Establishes requirements a physician supervising HRT must meet. Senate Status 03/07/2012 - Senate Health & Welfare Committee recommended with amendment. Sent to Senate Calendar & Rules. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB3630 / HB3625 Underinsureds payments to certain health care facilities. Category Health Care Sponsors Sen. Eric Stewart / Rep. Mike Sparks Description Prohibits certain health care facilities from requiring an uninsured or underinsured patient from paying more than 110 percent of the Medicare reimbursement for health care services. Senate Status 02/01/2012 - Referred to Senate Health & Welfare. House Status 03/08/2012 - Set for House General Subcommittee of Health & Human Resources 03/13/12. SB3745 / HB3830 Tennessee Colon Cancer Screening Program Act Category Insurance Health Sponsors Sen. Roy B. Herron / Rep. Glen Casada Description Enacts "Tennessee Colon Cancer Screening Program Act." Creates a program to provide colon cancer screening for uninsured individuals between the ages of 50 and 64 and other uninsured individuals determined to be at high risk of developing colon cancer. Establishes a colon cancer screening advisory committee. Requires the department of health, with the advice of the committee, to develop and expand programs, employ administrative personnel, establish an awareness campaign, and provide an annual report. Requires all entities that provide health insurance coverage for hospital and surgical expense insurance to provide coverage for colorectal screening tests. Amendment House Commerce amendment 1 rewrites the bill. Creates a special 12member committee to study the impact of colon cancer on Tennessee, focusing on prevention, early detection, and treatment. Requires the committee appointments to be made by July 1, 2012. Requires the committee to report its findings and recommendations, including any proposed legislation, to the General Assembly, by January 1, 2013, at which time the committee will cease to exist. Senate Status 03/08/2012 - Set for Senate Commerce, Labor & Agriculture Committee 03/13/12. House Status 03/06/2012 - House Commerce recommended with amendment 1, which rewrites the bill. Sent to House Finance, Ways & Means.