The American Society of Hand Therapists

 

April, 2003

Government News Center

                                                                                       prepared by Smith, Bucklin & Associates                                                                          

 

 


On The Calendar...        Federal Legislative Tracking        State Legislative Tracking        State Regulatory Tracking        In The News...       


     

Meetings/Events

 

 

 

On the Calendar:

 

Negotiated Rulemaking Committee

 

MedPAC

 

New Mexico Physical Therapy Board

 

Oklahoma Board of Medical Licensure and Supervision

 

 

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The CMS (Centers for Medicare and Medicaid Services) Negotiated Rulemaking Committee on Special Payment Provisions and Requirements for certain Custom-Fabricated Orthotics and Prosthetics will hold its next meeting on May 19 from 9 a.m. - 5 p.m. and May 20 from 8 a.m. - 4 p.m.  Open to the public, the meeting is scheduled to take place at the Hilton Pikesville at 1726 Reistertown Road in Baltimore, Maryland (410) 653-1100.  No advanced registration required.  Interested parties can file statements with the Committee to:

 

Federal Mediation and Conciliation Services

2100 K Street, NW

Washington, DC 20427

Attn: Lynn Sylvester (202) 606-9140

 

 

The next meeting is scheduled for June 2 - 3.

 

 

Read the minutes from the February 10 - 11 meeting!

 

The minutes from the March 10 - 11 meeting are not yet available.

 

The minutes from the April 7 - 8 meeting are not yet available.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

An agenda for the May 19 - 20 meeting was not available.  The committee is expected to address unfinished business and a series of topics that were not discussed at the April meeting.

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The Medicare Payment Advisory Commission (MedPAC), an independent federal body that advises the United States Congress on issues affecting Medicare,  held  a meeting on April 24 - 25.  The Commission meets publicly to discuss issues and formulate recommendations to Congress on improving Medicare policies.

 

MedPAC issues two reports each year, in March and June.  The June, 2002 Commission Report addressed the subject of modernizing Medicare benefits.  The March, 2003 Commission report addresses various payment policy issues.

 

MedPAC also advises Congress by commenting on reports and proposed regulations issued by Department of Health and Human Services Secretary Tommy G. Thompson, testimony, and briefings for congressional staff.

 

 

All meetings are held at:

The Ronald Reagan Building

The International Trade Center

1300 Pennsylvania Avenue, NW

Washington D.C.

(202) 312-1300.

 

 

The next MedPAC meeting is scheduled for September 11 - 12, 2003.  An agenda should be available here, one week before the meeting.

 

 

 

 

Scheduled for Discussion at the April Meeting:

  

1. Use of Market Competition in Fee-For-Service Medicare

 

2. Comments on CMS's Social HMO Demonstration Evaluation

  

3. Using Incentives to Improve Quality in Medicare

  

4. Estimate of CMS's Update for Physician Services

  

5. Public Comment

  

6. Growth and Variation in the Use of Physician Services

  

7. Private Insurer Methods of Paying for Outpatient Drugs

  

8. Payment Method Options for Medicare-Covered Outpatient Drugs

  

9. Variation in Per Beneficiary Medicare Expenditures

  

10. Impact of the GME Resident Cap on Geriatricians

 

11. Public Comment

 

12. Implications for Beneficiaries and Policy Reform of Supplemental Insurance Market Variation

 

13. Comparison of Beneficiaries Treated in Long-Term Care Hospitals and Other Settings

 

14. Sources of Variation in Hospital Financial Performance Under Prospective Payment

 

15. Agenda for Improved Data on Medicare and Health Care

 

16. Public Comment

 

>> click here to view the briefing documents regarding these agenda items <<

 

>> transcripts from the April meeting should be available here after May 1 <<

 

 

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The New Mexico Physical Therapy Board has scheduled a Rule Hearing to consider revisions to:

  • Title 16, Chapter 20, Part 1 General Provisions

  • Title 16, Chapter 20, Part 3 Issuance of Licenses

  • Title 16, Chapter 20, Part 8 Continuing Education

  • Title 16, Chapter 20, Part 9 Education Criteria for Foreign-Educated Applicants

  • Title 16, Chapter 20, Part 10 Direct Care Requirements

Final action on the proposed rules will be taken during this meeting.

 

The Board will also convene a Regular Board Meeting on Thursday, May 8, 2003, beginning at 9:00 a.m. for a new board member orientation and election of officers. The Board will reconvene the Regular Board Meeting immediately following the Rule Hearing.

 

 

The hearing is scheduled for:

Thursday, May 8, 2003, 1:30 p.m.

 

 

The meeting will be held at:

The Regulation and Licensing Department

The Large Conference Room

725 St. Michael's Drive

Santa Fe, New Mexico

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The Oklahoma Board of Medical Licensure and Supervision has scheduled a public hearing to discuss proposed new regulation 435:20-5-9 - Standards of Ethics and Professional Conduct.

 

The hearing is scheduled for:

May 8,  at 9 a.m.

 

The meeting will be held at:

  The Office of the Board of Medical Licensure and Supervision

5104 N. Francis, Suite C

Oklahoma City, Oklahoma

73118

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Federal Legislation

Please note: Congress was not in session for two weeks in mid-April. 

The Senate reconvened April 28th at 12:00 p.m.; the House reconvened April 29th at 2:00 p.m.

 

 

 

Federal Legislative Tracking

 

H.R. 5

 

H.R. 18


H.R. 26

 

H.R. 296

 

H.R. 792

 

H.R. 1044

 

H.R. 1116

 

H.R. 1124

 

H.R. 1125

 

H.R. 1219

 

S. 61

 

S. 75

 

S. 80

 

S. 345

 

S. 493

 

S. 569

 

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H.R. 5

Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2003

 

Introduced: February 5, 2003

 

Passed in the House of Representatives by recorded vote 229 - 196 on March 13, 2003 3:13 p.m.

 

To view the voting record of the House Members on H.R. 5, click here.

 

A measure aimed at improving patient access to health care services and providing better medical care by reducing the excessive burden the liability system places on the health care delivery system, principally: healthcare access and costs, interstate commerce, and federal spending.  The measure further contains provisions for encouraging speedy resolution of claims, compensating patient injury, and maximizing patient recovery.

 

Cosponsors: (128)

For a complete list of co-sponsors, please click here.

 

Sponsor:

Representative Greenwood, James C.

[PA-8]

 

 

Status:

 

3/13/2003: Received in the Senate.

 
3/20/2003: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

 
3/21/2003: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 49.

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H.R. 18

Medicare Fraud Prevention and Enforcement Act of 2003

 

Introduced: January 7, 2003

 

Amends Title XVIII of the Social Security Act to establish additional provisions to combat waste, fraud, and abuse within the Medicare Program, and for other purposes.  Section 2 contains provisions regarding site inspections for DME suppliers, community mental health centers, and other provider groups, outlining the exceptions to the term "applicable provider."

 

Cosponsors: (0)

 

Sponsor:

Representative Biggert, Judy

[IL-13]

 

 

Status:

1/7/2003: Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and the Judiciary.


1/7/2003: Referred to House Ways and Means.

1/16/2003,  referred to the Subcommittee on Health.


1/7/2003: Referred to House Energy and Commerce. 

2/3/2003, it was referred to its Subcommittee on Health.


1/7/2003: Referred to House Judiciary. 

3/6/2003, it was referred to its Subcommittee on Crime, Terrorism and Homeland Security.

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H.R. 26

Medicare Payment Restoration and Benefits Improvement Act of 2003

 

Introduced: January, 7 2003

 

Amends title XVIII of the Social Security Act to revise and improve payments to providers of services under the Medicare Program, and for other purposes.  Provisions under Section 233 of H.R. 26 include: implementation of a 2-year extension of moratorium on therapy caps; charging the Institute of Medicine of the National Academy of Sciences to identify conditions or diseases that should justify conducting an assessment of the need to waive the therapy; and charging the Comptroller General to conduct a GAO study of patient access to physical therapy services in States authorizing such services without a physician referral and in states requiring physician referral.

 

Cosponsors: (0)

 

Sponsor:

Representative Cardin, Benjamin [MD-3]

 

 

Status:

1/7/2003:  Referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce.


1/7/2003: Referred to House Ways and Means

1/22/2003:  Referred to the Subcommittee on Health.


1/7/2003:  Referred to House Energy and Commerce

2/3/2003:  Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.

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H.R. 296

Treatment of Children's Deformities Act of 2003

 

Introduced: January 8, 2003

 

Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide coverage for the treatment of a minor child's congenital or developmental deformity or disorder due to trauma, infection, tumor, or disease.  The measure applies amendments to the requirements for reconstructive surgery.

 

The amendments apply with respect to group health plans for plan years beginning on or after January 1, 2004.

 

Cosponsors: (26)

For a complete list of co-sponsors, please click here.

 

Sponsor:

Representative Kelly, Sue W.

[NY-19]

 

 

Status:

1/8/2003: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, and Education and the Workforce.


1/8/2003: Referred to House Energy and Commerce

2/3/2003: Referred to the Subcommittee on Health.


1/8/2003: Referred to House Ways and Means

2/3/2003: Referred to the Subcommittee on Health.


1/8/2003: Referred to House Education and the Workforce

2/21/2003: Referred to the Subcommittee on Employer-Employee Relations.

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H.R. 792

Medicare Patient Access to Physical Therapists Act of 2003

 

Introduced: February 13, 2003

 

Related Bill: S. 493

 

Amends Title XVIII of the Social Security Act to give authorization to physical therapists to evaluate and treat Medicare beneficiaries without a requirement for a physician referral.  It further clarifies the terms "qualified physical therapist" and "outpatient occupational therapy services," and contains provisions for scope of benefits, payment of benefits, and provider claims procedures.

 

Cosponsors: (50)

For a complete list of co-sponsors, please click here.

 

Sponsor:

Representative Crane, Philip M.

 [IL-8]

 

 

Status:

2/13/2003: Introductory remarks on measure (CR E255-256)


2/13/2003: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means


2/13/2003: Referred to House Energy and Commerce

2/26/2003: Referred to the Subcommittee on Health


2/13/2003: Referred to House Ways and Means

2/26/2003: Referred to the Subcommittee on Health

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H.R. 1044

To establish the Commission on Medical Malpractice Insurance

 

Introduced: February 27, 2003

 

A measure to create an 8-member "Commission on Medical Malpractice Insurance," and charge it with the responsibility of investigating the cause of increasing medical malpractice premium rates by U.S. medical malpractice carriers in the last 20-yr. period ending with the date of the enactment of this legislation. The Commission’s primary topics of focus are the investment, accounting and pricing practices of said insurance carriers, and jury awards in medical malpractice cases.

 

Appointments to the Commission would occurs as follows: 2 members appointed by the majority leader of the Senate; 2 members appointed by the minority leader of the Senate; 2 members appointed by the Speaker of the House of Representatives; and 2 members appointed by the minority leader of the House of Representatives.

 

Cosponsors: (0)

 

Sponsor:

Representative Wynn, Albert Russell

[MD-4]
 


2/27/2003: Referred to the House Committee on Energy and Commerce.

3/17/2003: Referred to the Subcommittee on Health.

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H.R. 1116
Medical Malpractice Insurance and Litigation Reform Act

Introduced: March 6, 2003

A measure aimed at reforming the medical malpractice insurance business by imposing a prohibition on anti-competitive activities by medical malpractice insurers, launching a Health and Human Services sponsored website providing medical malpractice insurance price comparisons, and establishing procedural requirements for medical malpractice insurers' proposed rate increases.

It also provides for a Federal alternative medical malpractice insurance with the establishment of the "Federal Medical Malpractice Insurance Association," charged with providing medical malpractice insurance based on customary coverage terms and liability amounts in states where such insurance is unavailable or is unavailable at reasonable and customary terms, as determined by the Association.

The measure aims to limit frivolous lawsuits by requiring that all medical malpractice liability action be accompanied by an affidavit of a qualified specialist substantiating there is a reasonable and meritorious cause for the filing of the action against the defendant. It also establishes sanctions for frivolous actions and pleadings.

 

 

Cosponsors: (12)

For a complete list of co-sponsors, please click here.
 

 

Sponsor:

Representative Conyers, John, Jr.

[MI-14]
 


3/6/2003: Introductory remarks on measure. (CR E392-393)


3/6/2003: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce.


3/6/2003: Referred to House Judiciary.


3/6/2003: Referred to House Energy and Commerce

3/17/2003: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.

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H.R. 1124

Medical Malpractice Reform Act of 2003

 

Introduced: March 6, 2003

 

A measure aimed at reducing the cost of medical malpractice insurance and enhancing patient access to medical care. It further establishes a statue of limitations for the filing of malpractice lawsuits, as well as limitations on punitive damages; and issues mandates to medical malpractice insurance carriers to reduce premiums paid by physicians to reasonable amounts. Provides for the creation of a 15-member national commission entitled the "Independent Advisory Commission on Medical Malpractice Insurance" to investigate the causes for dramatic increases in medical malpractice insurance premiums, and to devise proposals that not only reduce premiums but also prevent future dramatic premium rate increases. Appointments to the Commission would be made by the Comptroller General of the United States under guidelines specified in the measure.

 

 

Cosponsors: (18)

For a complete list of co-sponsors, please click here.

 

 

Sponsor:

Representative Dingell, John D.

[MI-15]
 


3/6/2003: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.


3/6/2003: Referred to House Energy and Commerce

3/17/2003: Referred to the Subcommittee on Health.


3/6/2003: Referred to House Judiciary
 

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H.R. 1125

Medicare Access to Rehabilitation Services Act of 2003

 

Introduced: March 6, 2003

 

Amends title XVIII of the Social Security Act to repeal the Medicare outpatient rehabilitation therapy caps.

 

 

Cosponsors: (86)

For a complete list of co-sponsors, please click here.

 

 

 

Sponsor:

Representative English, Phil

[PA-3]

 

3/6/2003: Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.


3/6/2003: Referred to House Energy and Commerce.

3/17/2003: Referred to the Subcommittee on Health.


3/6/2003: Referred to House Ways and Means.

3/12/2003: Referred to the Subcommittee on Health.

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H.R. 1219

Medical Malpractice and Insurance Reform Act of 2003

 

Introduced: March 12, 2003

 

Limits frivolous medical malpractice lawsuits by imposing a statute of limitations of three years for lawsuits, mandating that all lawsuits be filed in conjunction with a health care specialist affidavit substantiating the claims brought against the defendant; imposes sanctions for frivolous actions and pleadings, implementing mandatory mediation prior to action heading to trial; imposes limitations on punitive damages, and reducing premiums paid by physicians for medical malpractice insurance coverage.

 

Reforms the medical malpractice insurance business by prohibiting anti-competitive activities by medical malpractice insurers, and launching a Health and Human Services sponsored website allowing for medical malpractice insurance price comparisons.

 

Establishes direct assistance to enhance patient access to medical care by providing grants and contracts to regions experiencing health provider shortages, and by implementing health professional assignments to trauma centers through national health service corps.

 

Establishes a 15-member national commission entitled the "Independent Advisory Commission on Medical Malpractice Insurance" to investigate the causes for dramatic increases in medical malpractice insurance premiums, and to devise proposals that not only reduce premiums but also prevent future dramatic premium rate increases. Appointments to the Commission would be made by the Comptroller General of the United States under guidelines specified in the measure.

 

 

Cosponsors: (3)

For a complete list of co-sponsors, please click here.

 

 

 

Sponsor:

Representative Conyers, John, Jr.

[MI-14]

 

3/12/2003: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
3/12/2003: Referred to House Judiciary.

3/12/2003: Referred to House Energy and Commerce.

3/24/2003: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.

 

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S. 61

Physical Therapy and Occupational Therapy Education Act of 2003

 

Introduced: January 7, 2003

 

Provides grants to, and allows the Department of Health and Human Services to enter into contracts with, programs of physical therapy and occupational therapy for the purpose of: planning and implementing projects to recruit and retain faculty and students; develop curriculum; support the distribution of physical therapy and occupational therapy practitioners in underserved areas; or support the continuing development of these professions.  Preference will be given to applicants seeking to educate physical therapists or occupational therapists in rural or urban medically underserved communities, or to expand post-professional programs for the advanced education of physical therapy or occupational therapy practitioners.  The peer review group for applications shall include not fewer than 2 physical therapists or occupational therapists.

 

The measure authorizes $3,000,000 for each of the fiscal years 2004 through 2006.

 

Cosponsors: (0)

 

Sponsor:

Senator Inouye, Daniel K. [HI]

Status:

1/7/2003: Introductory remarks on measure. (CR S60)


1/7/2003: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S60-61)

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S. 75

Rural Preventive Health Care Training Act of 2003

 

Introduced: January 7, 2003

 

Provides grants and allows the Department of Health and Human Services to enter into contracts to provide preventive health care training to health care practitioners practicing in rural areas. Such training shall, to the extent practicable, include training in health care to prevent both physical and mental disorders before the initial occurrence of such disorders.  To be eligible to receive training, a health care practitioner must be practicing, or desiring to practice, in a rural area. 

 

The measure authorizes $5,000,000 for each of fiscal years 2004 through 2006.

 

Cosponsors: (0)

 

Sponsor:

Senator Inouye, Daniel K. [HI]

Status:

1/7/2003: Introductory remarks on measure. (CR S69-70)


1/7/2003: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S70)

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S. 80

National Academies of Practice Recognition Act of 2003

 

Introduced: January 7, 2003

 

A measure to recognize and grant a Federal Charter to the organization known as the National Academies of Practice.  The purposes of the organization will be to honor persons who have made significant contributions to the practice of applied psychology, dentistry, medicine, nursing, optometry, osteopathy, podiatry, social work, veterinary medicine, pharmacy, and other health care professions, and to improve the practices in such professions by disseminating information about new techniques and procedures.

 

Cosponsors: (0)

 

Sponsor:

Senator Inouye, Daniel K. [HI]

Status:

1/7/2003: Introductory remarks on measure. (CR S72)


1/7/2003: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S72)

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S. 345

Equal Access to Medicare Act of 2003

 

Introduced: February 11, 2003

 

Amends Title XVIII of the Social Security Act to prohibit physicians/health care practitioners from charging Medicare beneficiaries membership or other other incidental fees (or requiring the purchase of non-covered items or services).

 

 

Cosponsors: (4)

For a complete list of co-sponsors, please click here.

 

Sponsor:

Senator Nelson, Bill [FL]

 

Status:

2/11/2003: Introductory remarks on measure. (CR S2205)


2/11/2003: Read twice and referred to the Committee on Finance. (text of measure as introduced: CR S2205)

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S. 493

Medicare Patient Access to Physical Therapists Act of 2003

 

Introduced: February 27, 2003

 

Related Bill: H.R. 792

 

A measure amending title XVIII of the Social Security Act to authorize physical therapists to evaluate and treat Medicare beneficiaries without a requirement for a physician referral.

 

The measure further amends current definitions and guidelines for "qualified physical therapist" and "outpatient occupational therapy services."

 

 

Cosponsors: (4)

For a complete list of co-sponsors, please click here.

 

Sponsor:

Senator Lincoln, Blanche [AR]

 

2/27/2003: Introductory remarks on measure. (CR S2977-2978)

2/27/2003: Read twice and referred to the Committee on Finance.

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S. 569

Medicare Access to Rehabilitation Services Act of 2003

 

Introduced: March 6, 2003

 

Amends title XVIII of the Social Security Act to repeal the Medicare outpatient rehabilitation therapy caps.

 

Cosponsors: (20)

For a complete list of co-sponsors, please click here.

 

Sponsor:

Senator Ensign, John E. [NV]

 

 

3/6/2003: Read twice and referred to the Committee on Finance.

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State Legislation

 

State Legislative Tracking

 

North Dakota

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The State of North Dakota

 

A bill passed by the Legislative Assembly of North Dakota in late March amends and re-enacts section 43-40-15 of the North Dakota Century Code, relating to the licensure of occupational therapists and occupational therapist assistants.  The measure would also repeal section 43-40-17 of the Code, which addresses consultations and evaluations performed by occupational therapists.

 

Senate Bill No. 2142 was introduced by the Human Services Committee at the request of the State Board of Occupational Therapy Practice.

 

Click here to view a version of Bill 2142 as it was introduced.

 

Click here to view a version of Bill 2142 as it was passed.