Introduced Bill 2007 Legislative Session

Introducer &

Committee Hearing

Description of the legislative bill

Support, Oppose, or

Monitor

LB 118: “Change the Comprehensive health Insurance Pool Act.”

Banking, Commerce, and Insurance Committee

 

 

 

LB 118 proposes for the CHIP Act to specify that an individual who seeks CHIP coverage is ineligible for CHIP coverage if they are eligible for group coverage.  The intent is to tighten prohibitions against “dumping” where insurance providers quote for healthier group then sheds a “sick employee” to CHIP for coverage.  Ineligibility for CHIP coverage occurs if a premium is paid by someone no blood or legally related or refuses to provide information requested.  The final intent of this bill is to discourage individuals from paying some/entire premium when they otherwise qualify for Medicaid in order to take advantage of higher reimbursement rates paid by the CHIP.

This bill would grant the CHIP administrator the authority to collect information to determine if an applicant is eligible for coverage under the Medical Assistance Program.

A letter of Support- no action on this bill since 1/22.

LB 152: “Change insurer reporting requirements regarding professional liability claims.”

Pankonin

 

Referred to the Judiciary Committee

 

 

LB 152 proposes for an insurer to report to the department, any facts know to the insurer including the identity of the practitioner and patient when the insurer has made payment to an adverse judgment, settlement, or award resulting from a professional liability claim against the insurer, a health care facility, or health care service as defined in the Health Care Facility Licensure Act, or practitioner, including the settlements made prior to suit in which the patient releases any professional liability claim against the insurer, health care facility, or health care service, or practitioner.

A letter of Support-  This bill was placed on General File on 2/26/07.

LB 194: “Change Disciplinary provisions of the Uniform Licensing Law.”

Pahls

 

HHS Committee Hearing

The primary purpose of LB 194 is to provide a means to discuss alternatives to LB 463.  It is promoting a system of checks and balances to check the authority of HHS and to protect the public.  To do this, LB 194 contains the following provisions:

-prior to adopting any new rule/law, the HHS committee must notify each credentialed health professional of proposed changes.

-HHS can not take temporary or permanent action/institute a hearing on a professional licensee w/o the unanimous concurrence of the appointed professional board.

-HHS can not dismiss or reinstate licensed privileges w/o unanimous concurrence of professional board

-Within 60 days after completion of a hearing relating to a disciplinary procedure, the director must notify the credentialed person of any action taken to discipline.

-A temporary suspension of licensed privileges shall be effective for a maximum of 30 days instead of 90 days.

-No hearing held by HHS under the ULL to discipline a professional shall be held w/o a 30 day, rather than a 10 day, notice to the professional.

-Any hearing before HHS regarding an action to discipline a professional must be held before the director of the department, not before any hearing officer as is currently provided in the law.

-Any complain filed with HHS against a credentialed health professional must be made within 12 months of the allegation, if the allegation contains a potential health/safety issue.  Within 6 months if complaint does not involve health/safety issues. Not timely filed, will be dismissed.

-Within 14 days, professional, whom complaint has been filed against, will be notified of the person who filed complaint and then release to professional board.

-recommendations must be fair, reasonable, and appropriate.

-disagreement between HHS and the professional board about an investigation will dismiss the case.

-Attorney General must institute civil or criminal proceedings at request of HHS.  Attorney General takes action by request of professional board and not HHS.

Monitoring

 

NOTA continues to monitor the actions on this bill.  No action has been taken since the hearing which took place on 1/31/07.

LB 236: “Provide requirements for in-home person care service workers.”

Johnson

 

Referred to the HHS Committee

 

 

Establishes requirements to verify quality services from in home personal care providers.  This bill proposes a definition for in home personal care service worker and specifies that a worker must be: 1)18 years of age; 2) good moral character; 3) no criminal convictions; 4) no findings on the Adult Protective Service Central Registry; 5) understand/speak English language. They shall not perform services which exercise nursing/medical judgment.

Support- Placed on General File on 3/14/07.  AM 848 and AM670 have been adopted which presented language to clarify services that do not require the exercise of medical or nursing judgement.

LB 253: “Adopt the Motorcycle Safety and Training Act and change motorcycle helmet provisions.”

Rogert

 

Referred to Transportation and Telecommunications Committee

The intent of this bill is to increase motorcycle registration fees from $6 to $11.  It also proposes to transfer $3.50 per class M license to Motorcycle Safety and Training Funding.  All applicants must complete a motorcycle safety course by 1/1/08 under the Motorcycle Safety and Training Act.  This bill proposes for the use of eye protection in addition to helmets.

A Letter of Support- placed on General File 2/28/07.

LB 296: “Reorganize the Health and Human Services System”

Johnson

 

Health and Human Service Committee

 

Currently the HHS system is divided into 3 divisions [1) Dept. of HHS; 2) HHS Regulations and Licensure; 3) HHS Finance & Support] which are all overseen by the Policy Cabinet.  The proposed legislative bill is proposing to collapse the 3 existing departments into a single code agency with a single CEO with 6 new departments. [1) Dept. of Public Health; 2) Medicaid; 3) Children and Family Services; 4) Behavioral Health; 5) Developmental Disabilities; 6)Veteran’s Health].  This bill also proposed to make technical changes to existing provisions to the Office of Juvenile Services and state’s Veteran’s Homes.  An amendment was added to harmonize provisions of the bill with existing law effective July 1, 2007.

-AM 435 adopted

-AM 251 adopted

-ER 8012 adopted

-AM 74 adopted

Support- bill was placed on General File 1/25/07.

-Passed by the legislature on 3/13/07.

-Signed by the Governor on 3/15/07.

LB 304: “Change qualifications for tax credits relating to long-term care insurance.”

Gay

 

Committee of Revenue

The proposed bill would change the definition of “qualified individuals” under the LTC Saving Plan Act to be specified as a person who is at least 50 years with payment to LTC insurance in a taxable year.  Currently, a “qualified individual” is a person who is at least 62 years with payment to LTC insurance during a taxable year.

Support- Placed on General File 2/8/07

-Select File 3/19

-Advanced to E&R Engrossing on 3/27/07

-Correctly Engrossed on 3/29/07.

LB 463: “Adopt the Uniform Credentialing Act”

Johnson,

 

Referred to HHS committee

 

Refer to 1065 page document.

Monitoring- NOTA will continue to monitor.  Placed on General File on 2/12/07 since this time has moved into a HHS Priority Bill 3/8/07

LB 479: “Change provisions relating to audiologists and speech language pathologist.”

Johnson

 

Referred to HHS committee

 

 

Revise the scope of practice and professional guidelines for audiologists and speech language pathologists.

Support-  Placed on General File on 4/4/07

-AM 783 pending.

LB 480: “Change provisions relating to the NE Health Care Funding”

Johnson

 

Referred to the HHS committee

LB 480 proposes that a transfer of no more than 52 million dollars is made from the NE Medicaid Intergovernmental Trust Fund and the NE Tobacco Settlement Trust Fund into the NE Health Care Cash Fund except that such amount shall be reduced by the amount of the un-obligated balance on the NE Health Care Cash Fund at the time of the transfer.

Monitoring- NOTA continues to monitor

Placed on General File 3/5/07.

LB 481: “Change the requirements relating to criminal background checks of certain Health Care Professionals”

Johnson

 

Referred to HHS committee

Appears to be connected with the Uniform Licensing Law.  Proposes for there to be criminal background checks for professionals who are authorized to prescribe controlled substances.  This is not applicable for dentists or physicians who are applicants of temporary practice.  Temporary applicants have 90 days from the issuance of the permit to comply with checks.  After 90 days, his/her permit is suspended/revoked if check is not completed.

Support at hearing

-Placed on General File 2/26/07.

-AM 210 pending.

LB 518: “Change provisions relating to the eligibility of children under the Medical Assistance Act.”

Howard

 

Referred to the HHS Committee

 

 

Proposes that persons who are eligible for Medical Assistance include: 1) dependent children, 2) aged/blind/disabled person; 3) children under 19; 4)personal eligible under federal SS Act; 5)children under 19 and pregnant women with a net income less than 185% of the Office of Management Budget Income poverty line.  It proposes for eligibility to be changed from 6 to 12 months.

Support at hearing- no action on bill since 2/21/07.

LB 520: “Create the earily childhood education legislative study group.”

Howard

 

Referred to Education Committee

 

 

The intent of this bill is to create the Early Childhood Education Legislative Study Group with a committee of 16 members.  The members would be appointed by the legislature w/o compensation.  The study group would work to establish financing  to support early childhood education programs in all areas of the state through public school systems; design a system of state accreditation for early childhood programs in public schools to include training of teachers developmentally sound curriculum/instructional materials; adoption of minimum health and safety standards; conduct a review to predict funding and state investments; examine methods of other states to fully fund groups ages 3-5; coordinate early programs through private, nonprofit and for profit organizations with public schools; examine current budget and tax limitations on growth of programs; examine standards and curriculum; and examine licensure and certification of teachers.  The group should have a prepared report submitted to the legislature by 1/1/09.

A Letter of Support- Hearing was on 3/6/07, no action taken on this bill since hearing.

LB 548: “Appropriate funds relating to the behavioral health servicer.”

Synowiecki

 

Appropriations Committee

 

 

This bill proposes for there to be monies distributed to the Regional Behavioral Health Authorities based upon Behavioral health referral System or Behavioral Health Bed Allocation Plan.  The intent is to reallocate operational funding for the Department of HHS to the Department of HHS Behavioral Health Services.

Support- hearing was on 3/19.  No action has been taken on this bill since hearing.

LB 555: “Change provisions relating to home and community based services.”

Ashford

 

Referred to HHS Committee

 

 

LB 555 proposes for the HHS to be able to apply for a waiver to provide payment under the Medical Assistance Program for caregivers providing home/community based services for 65+ years skilled care or intermediate care.  This bill proposes a pilot program to provide payment to such caregivers beginning 10/1/07 in one urban county and one rural county and ending 6/30/08.

A Letter of Support-hearing was on 2/14/07.  No action since hearing.

LB 576: “Provide for rate increases for behavioral health service providers.”

Kruse

 

Referred to Appropriations Committee

 

 

LB 576 proposes to provide funding with annual rate increase for the behavioral health care service providers for children, youth, and adult populations under the Medicaid program, or other state funded programs.  Each year an annual report summary of behavioral services must be filed.  Under this bill, a provider Reimbursement Rate Commission is established with 8 members in addition to the Director of HHS.

Support- Hearing was on 3/19/07

-no action on this bill since hearing.

LB 588: “Change the worker’s compensation hospital fee schedule and payment of providers.”

Cornett

 

 

Referred to Business and Labor Committee

 

 

The intent of this bill is to propose that the fee for hospital services shall not exceed the lowest price negotiated with any private insurance carrier or 3rd party payer, not to include Medicare or Medicaid.  Payers or employers are required to notify the provider 20 days after receiving a claim as for what information is needed.  They should also pay providers in within 30 days after receipt of all necessary information.  Failure to pay the provider within the 30 days will cause the payer to reimburse the provider normal billed charges instead of scheduled fees.

Monitoring-

AM 862 Pending

-Placed on General File on 3/29/07

LB 617: “Change provisions relating to children’s behavioral health.”

Pedersen

 

Referred to the HHS Committee

 

 

The intent of this bill is to propose the addition of a coordinator of adult behavioral health services and the coordinator of children’s behavioral health services to the Division of Behavioral Health Services.  It also proposes to submit a children’s behavioral health implementation plan to the Governor by 11/1/07.

A Letter of Support-

Hearing was 2/22/07, no action on bill since hearing.

LB 699: “Adopt the Healthy Nebraska Rx Card Program Act”

Lathrop, Flood, Howard, McGill, and Preister

 

Referred to HHS committee

 

 

LB 699 is proposing to make prescription drugs more affordable to increase overall health.  As a result, it will promote healthy communities and protects public health/wellness.  The Chief Administrative Officer would establish a preferred drug list with the following categories: Medicaid drug list, antipsychotic drug list, antidepressant drug list, chemotherapy, antiretroviral drug list, immunosuppressive drugs, others determined by the CAO.  The established Healthy NE Rx Card Program would be a state pharmaceutical assistance program to provide price discounts for drugs under rebate agreement.  The state of NE would contract with whole salers/retail pharmacies for price discounts.  NE residents are eligible if they are eligible for assistance under the state Medicaid program or has a net income below 300% of the federal poverty level.  Non-eligible residents would include individuals who are eligible for assistance under the state Medicaid program or insurance policy for prescription drugs greater than the benefit provided under the proposed Act.

A Letter of Support- hearing was 2/15/07.  Two more introducers were added to this bill since the hearing, no other actions taken at this time.