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MINUTES OF THE SENATE HEALTH AND HUMAN SERVICES

    STANDING COMMITTEE
FEBRUARY 10, 2011
ROOM 250
STATE CAPITOL COMPLEX


Members Present:        Sen. D. Chris Buttars, Chair
                Sen. Allen M. Christensen
                Sen. Mark B. Madsen
                Sen. Stuart C. Reid
                Sen. Patricia W. Jones
                Sen. Luz Robles
    
Staff Present:            Mark D. Andrews, Policy Analyst
                Kathy Helgesen, Committee Secretary

Public Speakers Present:    Wendall Gibbi, MD
                John Fowler
                Casey Hill, Utah Medical Association
                Pamela Benson, MD
                Paul Rogers, Central Utah Clinic
                Raymond Ward, MD, Co-Chair, P&T Committee
                Sherri Wittwer, Executive Director, NAMI Utah
                Tom Metcalf, MD, UHPP/UCAAP
                Margo Thurman, acting President, Epilepsy Association of Utah
                Judi Hillman, UHPP
                Adam Trump, Association of Counties
                Dave Davis, Utah Retail Merchants Association and Utah Retail Grocers Association
                Kerri Ernston, mentor, NAMI Utah
                
                
A list of visitors and a copy of handouts are filed with the committee minutes.

Sen. Buttars called the meeting to order at 2:21 p.m.

Approval of Minutes

     MOTION: Sen. Christensen moved to approve the minutes of February 8, 2011.

    The motion passed unanimously with Sen. Reid and Sen. Robles absent for the vote.

1.     SB0091 - Medical Practice Self Referral (D.C. Buttars)

    Sen. Buttars introduced the bill.



     MOTION: Sen. Buttars moved to delete S.B. 91 in title and body and replace it with 1st Substitute S.B. 91, "Medical Practice Self Referral."

    The motion passed unanimously with Sen. Robles absent for the vote.

    Dr. Gibbi, Mr. Fowler, and Dr. Benson spoke in favor of the bill.

    Mr. Hill and Mr. Rogers spoke in opposition to the bill.

     MOTION: Sen. Madsen made a motion to amend 1st Substitute S.B. 91 as follows:

1.    Page 6, Lines 158 through 159 :    

             158      with a facility that performs MRI, CT, or PET scanning.
{   All of these tests have been shown to

             159      be subject to self-referral abuse.  
}
I am also required to tell you under both federal and state law,

    The motion passed 5-1-0 with Sen. Buttars voting in opposition to the amendment.

     MOTION: Sen. Madsen made a motion to amend 1st Substitute S.B. 91as follows:

1.    Page 6, Lines 155 through 162 :    

             155          "The most important element of a physician-patient relationship is trust. Therefore, as
             156      your doctor, I am ethically obligated to tell you that I have a conflict of interest. Either myself
             157      or a member of my family has a beneficial interest in a facility or a compensation arrangement
             158      with a facility that performs MRI, CT, or PET scanning. All of these tests have been shown to
             159      be subject to self-referral abuse. I am also required to tell you under both federal and state law,
             160      that you have a choice in which imaging facility you are sent to. Here is a list of other facilities
             161      that can perform the work needed within a 25 mile radius.
  The quality of all studies, scans, and equipment is not equal and not all physicians are equally specialized or certified.       Having competition makes us all

             162      better."
    The motion failed 1-5-0 with Sen. Madsen voting in favor and Sen. Buttars, Sen. Christensen, Sen. Jones, Sen. Reid, and Sen. Robles voting in opposition.


    MOTION : Sen. Buttars moved to pass 1st Substitute S. B. 91 as amended out of committee with a favorable recommendation.

    The motion failed 3-3-0 with Sen. Buttars, Sen. Christensen, and Sen. Madsen voting in favor, and Sen. Jones, Sen. Reid, and Sen. Robles voting in opposition.

2.     SB0137 - Medicaid Amendments (A. Christensen)

    Sen. Christensen introduced the bill.

     MOTION: Sen. Christensen moved to delete S.B. 137 in title and body and replace it with First Substitute S.B. 137, "Medicaid Amendments."

    The motion passed unanimously with Sen. Buttars absent for the vote.

    Dr. Ward, Dr. Metcalf, Ms. Hillman, and Mr. Davis spoke in favor of the bill.

    Ms. Wittwer, Ms. Thurman, Mr. Trump, and Ms. Ernsten spoke in opposition to the bill.

    No further action was taken on the bill.

3.     SB0150 - Negligent Credentialing (J. S. Adams)

    
The bill was not considered.

4.     HB0230 S01 - Disability Amendments (P. Ray)

    
The bill was not considered.

5.     HB0241 - Clean Out the Cabinets Month Designation (M. Morley)

    The bill was not considered.

    MOTION: Sen. Madsen moved to adjourn.

    The motion passed unanimously.

    The meeting adjourned at 4:08 p.m.

    Minutes reported by Kathy Helgesen, Secretary.



                    _______________________________________
                     Sen. D. Chris Buttars, Committee Chair