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Legislative
Wrap-Up:
2009 by the numbers...
First Session of the 101st Legislature
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90-day session convened on
January 5, 2009
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681 legislative
bills introduced
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156 "bills
of interest" to NHA members
– Of those 156 bills, the NHA initially:
- Monitored 91
- Was Neutral on 2
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The NHA testified 61 times before 7 of the 14 standing
committees.
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The first session
adjourned on May 29, 2009
– 63 bills of interest signed into law
– 24 indefinitely postponed or withdrawn
– 69 carried over to 2010
2009 Legislative Interim
Composition of 101st
Legislature: January 2009 – January 2011
Legislative Bills Signed Into Law
The following bills of interest were signed into law during the 2009
legislative session:
APPROPRIATIONS COMMITTEE
LB 315: Appropriate Funds for State Government Expenses
Sponsor: Sen. Mike Flood
NHA Position: Monitored and supported several provisions
Effective Date: July 1, 2009
LB 315 is the Legislature’s 2009-11 mainline biennium budget
package that includes:
Significant spending increases include:
– Tax Equity and Educational Opportunities Support Act ("TEEOSA" or state
aid to education) - $240.5 million
– Beatrice State Development Center (BSDC) loss of federal funds - $49.5
million
– Development disability assistance - $33.1 million
– Public assistance without changes from American Recovery and Reinvestment
Act (ARRA) - $3 million
– Behavioral health aid - $7 million
– Department of Health and Human Services (DHHS) facilities operations -
$4.4 million
– Public health aid - $2.1 million
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University of Nebraska Medical Center (UNMC) College of Nursing in Norfolk
operations - $1.9 million
Significant reductions include:
– $7 million transfer from regional centers to community-based programs
– $6.6 million reduction in children’s health insurance programs
– $3.3 million adjustment for BSDC declining census
Community-based developmental disability
assistance increases include:
– $5.5 million for rate equity
– $5 million per year to transition BSDC clients to community-based services
– $15.7 for development disability waiting list
Children’s health insurance program (Kids
Connection) adjustments include:
– $3.7 million base reduction due to underutilization of inpatient hospital,
inpatient mental and drugs
– 1.5 percent provider rate increase
Medicaid adjustments include:
– Rate increase of 1.5 percent per year for all services
– ARRA impact allows state spending reduction of $12.2 million
– State spending reductions that were eligible for federal matching dollars:
- $637,878 reduction due to
implementation of two-tiered payment rate with 20 percent payment
differential for inpatient and outpatient procedures, compared to those
performed in an office
- $49,556 cut in Indirect Medical
Education funding
- $843,137 eliminated from outpatient
reimbursement rates
- $213,215 reduction caused by revising
premium payments for families up to 185 percent of the Federal Poverty
Limit (FPL)
Additional support of $465,874 for all five federally
qualified community health centers (FQHCs) located in Omaha (2), Lincoln,
Columbus and Gering
$200,000 per year for the Every Woman Matters program, which
provides reimbursement for mammograms, breast examinations, pap smears and
colposcopies
$400,000 per year for the Stay in the Game program to
provide reimbursement for screening and early detection of colon cancer,
rectal cancer and associated laboratory costs
3 percent increase per year for area agencies on aging
HEALTH AND HUMAN
SERVICES COMMITTEE
LB 84: Eliminate the Termination Date for the Women’s Health
Initiative Advisory Council
Sponsor: Sen. Amanda McGill
NHA Position: Support
Effective Date: September 5, 2009
LB 84 removes the termination date for the Women’s Health
Initiative Advisory Council, which was created for the purpose of advising and
serving as a resource for the Nebraska Health and Human Services Office of
Women’s and Men’s Health in carrying out its duties as enacted by the
Legislature in the Women’s Health Initiative of 2000. The advisory council is
comprised of governor-appointed health care experts and represents a broad range
of disciplines. Members provide direction for health awareness and insight on
new developments in women’s and men’s health.
LB 195: Change the Statewide Trauma System Act
Sponsor: Sen. Tim Gay
NHA Position: Support
Effective Date: September 5, 2009
LB 195 revised several definitions relating to the statewide
trauma system, including requiring that state trauma plan be updated every five
years instead of every two years; updating the duties of the State Trauma
Advisory Board; and changing provisions with respect to designation of trauma
centers.
Portions of bills amended into LB 195 include:
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LB 220: Change Provisions Relating to Pharmacy
Practice and Pharmaceuticals –Traditionally, long-term care pharmacy
practice has been required to follow a "retail" model. Long-term care
pharmacy practice, however, has evolved to resemble a "hospital" model of
practice, while still maintaining some aspects of retail practice. The
purpose of LB 220 is to update Nebraska statutes to today’s long-term care
facility pharmacy practice standards.
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LB 250: Change Physician Assistant Provisions –
Nebraska originally authorized physicians to employ physician assistants
(P.A.s) in the early 1970s. In 1985, that authority was expanded to allow
the use of P.A.s in secondary offices and hospitals. Inclusion of LB 250
updates scope of practice, eliminates additional levels of credentialing for
the supervising physician, allows P.A.s to sign death certificates and
expands the number of P.A.s a physician may supervise from two to four.
LB 288: Health and Human Services Omnibus Bill
Sponsor: Health and Human Services Committee
NHA Position: Monitored and supported several provisions
Effective Date: June 1, 2009
Portions of bills amended into LB 288 include:
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LB 172: Change the False Medicaid Claims Act and Create a
Fund – Creates the State Medicaid Fraud Control Unit Cash Fund. The new
law requires all recoveries for the state’s costs and attorney’s fees
received pursuant to the False Medicaid Claims Act to be credited to a fund
that shall be maintained by the State Department of Justice and administered
by the attorney general.
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LB 173: Relabeling and Redispensing of Prescription Drugs
at Certain Correctional Facilities – This provision permits correctional
facilities and jails to contract with pharmacies to allow for the return,
relabeling and redispensing of unused prescription drugs prescribed to
inmates.
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LB 371: Change Medicaid Reform Plan and Medicaid Reform
Council Provisions – This component removed the sunset provision for the
Medicaid Reform Council; provided for members’ terms of service; increased
the Department of Health and Human Services’ accountability to the council
and the public, made council and public participation ongoing components of
Medicaid reform; and reinforced legislative involvement in Medicaid reform.
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LB 390: Reimbursement Rates for Assisted Services for
Persons with Developmental Disabilities – This provision changed
reimbursement unit for assisted services funded through the Division of
Developmental Disabilities for community-based services from an hourly to a
daily unit.
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LB 462: Human Immunodeficiency Virus Testing –
Eliminates the need for special written informed consent to administer the
HIV test if a person has signed a general consent form for the performance
of medical tests or procedures.
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LB 599: Require Health Care Facilities to Provide
Itemized Billing Statements upon Patient’s Request – LB 599 provides
that a patient is entitled to an itemized billing statement, with diagnostic
codes, at any health facility or health care practitioner facility, upon
their written request.
LB 396: Medical Home Act
Sponsor: Sen. Mike Gloor
NHA Position: Support
Effective Date: September 5, 2009
A medical home is a location, usually a clinic or physician’s
office, where a patient can build a relationship with a primary care provider
who will coordinate the health care of the patient and provide them with
guidance and education on all of their health needs.
LB 396 provides a mechanism for Nebraska Medicaid recipients to
have access to better health care through a medical home; provides incentive
payments through Medicaid for primary care physicians who provide a medical
home; and slows the growth of Medicaid expenditures.
LB 603: Behavioral Health Workforce Act (aka Safe Haven Package)
Sponsor: Health and Human Services Committee
NHA Position: Support
Operative Date: May 26, 2009
LB 603 creates the Behavioral Health Workforce Act. The intent
of LB 603 is to improve community-based behavioral health services by increasing
the number of behavioral health professionals and providing training to these
professionals in evidence-based practice and alternatives delivery methods,
including utilizing existing infrastructure and telehealth services resulting in
an expanded outreach in rural areas of Nebraska. It creates the Behavioral
Health Education Center and adds eight additional medical residents in a
Nebraska-based psychiatry program by 2013.
Portions of bills amended into LB 603 include:
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LB 136: Change Provisions for Eligibility for Medical
Assistance – LB 136 makes necessary improvements to Nebraska’s State
Children’s Health Insurance Program (SCHIP), referred to as Kids Connection,
in order to provide health care to more of our state’s low-income children.
LB 136 increases income eligibility for Nebraska families with children
under 19 years of age from 185 percent to 200 percent of the federal poverty
level (FPL).
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LB 346: Require the Department of Health and Human
Services (DHHS) to Provide Services Relating to Children’s Behavioral
Health, Adoption and Guardianship – LB 346 requires DHHS to
establish a Children and Family Support Hotline; a Family Navigator Program,
which consists of trained individuals who will provide peer support and
connection to services; and post-adoption and post-guardianship case
management services for families.
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LB 356: Behavioral Health Services for Children Without
Parental Relinquishment of Custody – This legislation will provide
services for children with behavioral health disorders when their parent or
parents voluntarily request those services and also seeks to reduce the
number of parents who have legally transferred custody of their children to
the state, so that they may receive behavioral health services.
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LB 601: Medicaid Waiver for Community-based Mental Health
Services – LB 601 directs DHHS to submit an application by July 1, 2009
to the U.S. Department of Health and Human Services for funding to allow
Medicaid payments for various community-based mental health services,
including secure residential and sub-acute behavioral health services.
BANKING, COMMERCE AND INSURANCE COMMITTEE
LB 358: Change the Comprehensive Health Insurance Pool Act
Sponsor: Sen. Rich Pahls
NHA Position: Opposed but agreed to final compromise
Effective Date: September 5, 2009
The Nebraska Comprehensive Health Insurance Pool (CHIP) program
provides health insurance for approximately 5,000 Nebraska residents who are
unable to obtain insurance through their employer or private plans due to
pre-existing medical conditions.
LB 358 was introduced at the request of Nebraska’s director of
insurance and makes various changes throughout the CHIP program for the purpose
of keeping the program solvent. The plan administrator, Blue Cross and Blue
Shield of Nebraska, is now charged with working with providers to develop a plan
to find nearly $10 million per year in savings to maintain this program.
JUDICIARY COMMITTEE
LB 403: Require Verification of Lawful Presence in the United
States to Receive Public Benefits as Prescribed
Sponsor: Sen. Russ Karpisek
NHA Position: Opposed but agreed to final compromise
Effective Date: October 1, 2009
LB 403 will require all public hospitals to verify the legal
residence of any new employee. To accomplish this task, public hospitals will be
required to register and use a federal immigration verification system operated
by the United States Department of Homeland Security or an equivalent program
designated by the Department, which is the current E-Verify system.
This new law also requires public entities to verify an
individual’s lawful presence before providing public benefits. Public benefits
include health payments, but excludes organ transplant and emergency procedures.
Medicare and Medicaid recipients do not require verification. It is the
responsibility of the federal or state government to certify eligibility.
Legislation
Carried Over
The following bills of interest were carried over to the 2010 legislative
session:
HEALTH AND HUMAN SERVICES COMMITTEE
LB 489: Adopt the Area Health Education Centers Act
Sponsor: Sen. Arnie Stuthman
Status: Advanced to Final Reading
NHA Position: Support
The purpose of LB 489 is to ensure funding for the Area Health
Education Centers (AHECs), which provide direct support to underserved and rural
areas and as a result have a direct impact on increasing the health care
workforce supply (e.g., physicians, physician assistants, nurses, dentists,
behavioral and mental health providers, and other public health professionals)
and on decreasing the inequities in access and quality of health care services.
There are five AHEC centers located across the state.
REVENUE COMMITTEE
LB 112: Exclude Certain Rural Health Loan Repayments From Income
Taxation
Sponsor: Sen. Lavon Heidemann
Status: Advanced to Final Reading
NHA Position: Support
The purpose of LB 112 is to exclude from state income taxes, the
loan repayment made to eligible health professionals who practice in state
defined medical shortage areas under the Loan Repayment Program, which was
established as part of the Rural Health Systems and Professional Incentive Act.
The repayment program began in 1994 and involves a three-year practice
obligation. To date, more than 300 health professionals have participated in
this program.
LB 159: Provide an Income Tax Credit for Long-term Care
Insurance Policy Premiums
Sponsor: Sen. Tim Gay
Status: Advanced to Final Reading
NHA Position: Support
LB 159 would allow a nonrefundable income tax credit equal to 25
percent of premiums paid for a long-term care insurance policy. The total credit
could not exceed $250 for individual policies and $500 for joint policies. The
credit may be claimed for a maximum of three years. Under the bill, the credit
would not be allowed if the taxpayer used the adjustment to federal gross income
for contributions made pursuant to the Long-Term Care Savings Plan Act the same
tax year.
LB 420: Change a Sales Tax Exemption Relating to Non-profit
Organizations
Sponsor: Sen. Galen Hadley
Status: Advanced to Final Reading
NHA Position: Support
The purpose of LB 420 is to amend outdated Nebraska statutes,
which would extend a sales and use tax exemption to non-profit health clinics
owned by a single nonprofit hospital. The Nebraska Department of Revenue
recently began auditing nonprofit clinics, which has resulted in back-tax
assessments. Currently, Nebraska statutes require that a non-profit health care
clinic be owned by two or more non-profit hospitals in order to be tax-exempt.
This bill would help ensure access to affordable health care throughout the
state. Without the passage of LB 420, some of these clinics may be forced to
close.
Interim
Study Resolutions
Over 130 interim study resolutions (ISRs) were adopted by the
Legislature; 39 of them are of interest to NHA members. Several of those ISRs,
and the committee with jurisdiction, are listed below:
APPROPRIATIONS/HEALTH AND HUMAN SERVICES COMMITTEES
LR 155
Sponsor: Sen. Tim Gay
A study to provide recommendations and examine issues relating to rates paid by
the state to providers of publicly-funded behavioral health services.
LR 157
Sponsor: Sen. Tim Gay
Review, assess and provide recommendations relating to the implementation of the
Nebraska Health Care Funding Act.
LR 158
Sponsor: Sen. Tim Gay
Research and provide recommendations for reform of Nebraska’s health care
delivery system and health care financing system.
LR 209
Sponsor: Sen. Danielle Nantkes
An examination of the implications of requiring communities to partner with the
state in the delivery of health and human services previously provided by state
employees.
BUSINESS AND LABOR COMMITTEE
LR 186
Sponsor: Sen. Steve Lathrop
Study to examine trends in workers’ compensation insurance premiums, their
causes and their effects.
LR 231
Sponsor: Sen. Pete Pirsch
Explore ways the state could promote job creation in the more economically
disadvantaged rural communities in Nebraska.
EDUCATION COMMITTEE
LR 172
Sponsor: Sen. John Harms
Analyze the education and training available that could lead to careers in
high-demand industries in Nebraska.
EXECUTIVE BOARD COMMITTEE
LR 96
Sponsor: Sen. Rich Pahls
Examine the responsiveness of state agencies when they are requested to provide
information to the Legislature.
HEALTH AND HUMAN SERVICES COMMITTEE
LR 150
Sponsor: Sen. Kathy Campbell
Interim study to examine the Department of Health and Human Services’ plan to
contract for delivery of Medicaid services using an at-risk capitated managed
care model.
LR 156
Sponsor: Sen. Tim Gay
Identify the statutory powers and duties of the Department of Health and Human
Services and to prioritize the programs and services administered by the
Department.
LR 159
Sponsor: Sen. Tim Gay
Examine the future need for health care workers in Nebraska.
LR 160
Sponsor: Sen. Tim Gay
Study to review and provide recommendations relating to the statewide telehealth
network.
LR 179
Sponsor: Sen. Gwen Howard
Examine the requirements and conditions of the state’s contract with Magellan
Behavioral Health Services.
JUDICIARY COMMITTEE
LR 226
Sponsor: Sen. Gwen Howard
Examine medical malpractice liability.
REVENUE COMMITTEE
LR 97
Sponsor: Sen. Rich Pahls
Review the major sources of state and local tax revenue.
LR 161
Sponsor: Sen. Abbie Cornett
Examine Nebraska’s sales and use tax provisions.
LR 166
Sponsor: Sen. M.L. "Cap" Dierks
Conduct a comprehensive review of state and local taxes in Nebraska.
For more information about these or any other bills or resolutions, contact: Bruce Rieker,
Vice President of Advocacy at (402) 742-8146 or brieker@nhanet.org.
The NHA staff thanks everyone who participated in the development of public policy during the 2009 legislative session. Your efforts of attending NHA meetings, participating in conference calls, and contacting policymakers to advocate a position on behalf of Nebraska’s hospitals are invaluable. Together we are the influential voice for health care.
Throughout the 2010 legislative session, hospitals
will need “champions” in the Legislature to deal with Medicaid, workers’
compensation, behavioral health reform, and all other issues that impact the
operations and success of hospitals. Hospitals must be prepared for discussions
vital to the communities they serve and to the mission of hospitals across the
state. For more information, contact the Nebraska Hospital Association at (402) 742-8140.
NHA Rotunda Review is published by the Nebraska Hospital Association, 3255 Salt
Creek Circle, Suite 100, Lincoln, NE 68504. Phone 402/742-8140, Fax
402/742-8191. Contact Kelley Porter, Director of Communications, at
402/742-8151, or email,
kporter@nhanet.org.
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