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MINUTES OF THE
HOUSE HEALTH AND HUMAN SERVICES STANDING COMMITTEE
Room 25, House Office Building
February 27, 2013

MEMBERS PRESENT:    Rep. Paul Ray, Chair
                Rep. LaVar Christensen, Vice Chair
                Rep. Stewart Barlow
                Rep. Rebecca Chavez-Houck
                Rep. Tim M. Cosgrove
                Rep. Brian M. Greene
                Rep. Michael S. Kennedy
                Rep. Ronda Rudd Menlove
                Rep. Edward H. Redd

                    
STAFF PRESENT:        Mr. Mark D. Andrews, Policy Analyst
                Ms. Linda Black, House Secretary

Note:    A list of visitors and copy of handouts are filed with the committee minutes.

Chair Ray called the meeting to order at 2:15 p.m.

MOTION:    Rep. Kennedy moved to approve the minutes of the February 25, 2013 meeting. The motion passed unanimously, with Rep. Barlow and Rep. Greene absent for the vote.

H.B. 141    Medicaid Emergency Room and Primary Care Amendments (Rep. M. Kennedy)

Rep. Kennedy presented the bill to the committee.

MOTION:    Rep. Kennedy moved to amend the bill as follows:

1.    Page 2, Lines 56 through 58 :    

             56          (A) means use of the emergency room to receive health care that is nonemergent as
             57      defined by the department by administrative rule adopted in accordance with Title 63G,
             58      Chapter 3, Utah Administrative Rulemaking Act
  and the Emergency Medical Treatment and Active Labor Act       ; and


2.    Page 3, Line 67 :    

             67      services provided to a recipient on or after
{   January   }        July       1, 2014.


3.    Page 3, Line 72 :    

             72      Subsections (2)(a) and (b) is limited to
{   five   }        three       years after the date on which the medical services

4.    Page 3, Lines 74 through 76 :    

             74          (3) An accountable care organization shall
  :

    (a)  
use the savings under Subsection (2) to

             75      maintain and improve access to primary care and urgent care services for all of the recipients
             76      enrolled in the accountable care plan
  ; and

    (b) report to the department on how the accountable care organization complied with Subsection (3)(a)  
.


The motion passed unanimously, with Rep. Barlow and Rep. Greene absent for the vote.

Spoke to the bill:    Mr. Jason Cooke        Utah Health Policy Project     (handout)

Spoke in favor
of the bill:        Mr. Chad Westover        Molina Healthcare of Utah
            Ms. Michelle McOmber    Utah Medical Association

MOTION:    Rep. Cosgrove moved to pass the bill out favorably, as amended.

SUBSTITUTE
MOTION:    Rep.Christensen moved to further amend the bill as follows;

1.    Page 4, Lines 96 through 103 :    

             96          (5) The department shall apply for a Medicaid waiver and a Children's Health
             97      Insurance Program waiver with the Centers for Medicare and Medicaid Services within the
             98      United States Department of Health and Human Services, to:
             99          (a) allow the program to charge recipients who are enrolled in an accountable care plan
             100      a higher copayment for emergency room services; and
             101          (b) develop, by administrative rule, an algorithm to determine assignment of new,
             102      unassigned recipients to specific accountable care plans based on the plan's performance in
             103      relation to the quality measures developed pursuant to Subsection (4)(a).
  (6) The department shall report to the Legislature's Health and Human Services Interim Committee on or before October 1, 2016, regarding implementation of this section.      


The substitute motion passed unanimously, with Rep. Barlow and Rep. Greene absent for the vote.

MOTION:    Rep. Redd moved to pass the bill out favorably, as amended. The motion passed unanimously, with Rep. Barlow and Rep. Greene absent for the vote.

H.B. 351    Continuing Education for Massage Therapists (Rep. P. Ray)

Rep. Ray presented the bill to the committee.

Spoke to the bill:    Ms. Ellen Ketcham, massage therapist
            Mr. Travis Wood, Massage Therapy Association of Utah
            Mr. Richard Maher, massage therapist
            Ms. Kelley Sloan, massage therapist

Spoke in opposition
to the bill:        Mr. Ron Findlay, massage therapist

MOTION:    Rep. Menlove moved to return H.B. 351 to the Rules Committee for interim study. The motion passed unanimously, with Rep. Greene absent for the vote.

H.B. 109    Anesthesiologist Assistant Amendments (Rep. B. Dee)

Rep. Dee presented the bill to the committee.

MOTION:    Rep. Chavez-Houck moved to amend the bill as follows:

1.    Page 1, Lines 18 through 19 :    

             18          .    establishes terms for the license;
{   and   }

             19          .    defines unlawful and unprofessional conduct
{   .   }        ; and

    . requires the Division of Occupational and Professional Licensing to study and make a recommendation to the Legislature regarding certain patient consent and notice requirements.  


2.    Page 2, Line 36 :    

             36          58-70b-502, Utah Code Annotated 1953
  Uncodified Material Affected:

ENACTS UNCODIFIED MATERIAL  


3.    Page 6, Line 166 :    

             166          (4) exploiting a client for personal advantage, profit, or interest.
      Section 11. Division of Occupational and Professional Licensing Study.

    The Division of Occupational and Professional Licensing shall consult the professional boards for health care providers licensed under Title 58, Division of Occupational and Professional Licensing Act whose scope of practice includes the administration of anesthesia to a patient, to study and make a recommendation to the Legislature's Health and Human Services Interim Committee on or before November 15, 2013:
    (1) that identify anesthesia procedures that:
    (a) may be performed by multiple licensees under this title; and
    (b) involve significant risk to a patient; and
    (2) recommend whether a patient should:
    (a) be informed of the level of training of, or the type of license held by the provider who will perform the procedure; and
    (b) be required to consent to the type of provider who will perform the procedure.  


SUBSTITUTE
MOTION:    Rep. Christensen moved to amend the bill as follows:

1.    Page 1, Lines 18 through 19 :    

             18          .    establishes terms for the license;
{   and   }

             19          .    defines unlawful and unprofessional conduct
{   .   }        ; and

    . requires the Division of Occupational and Professional Licensing to study and make a recommendation to the Legislature regarding certain patient consent and notice requirements.  


2.    Page 2, Line 36 :    

             36          58-70b-502, Utah Code Annotated 1953
  Uncodified Material Affected:

ENACTS UNCODIFIED MATERIAL  


3.    Page 6, Line 166 :    

             166          (4) exploiting a client for personal advantage, profit, or interest.
      Section 11. Division of Occupational and Professional Licensing Study.

    The Division of Occupational and Professional Licensing shall consult the professional boards for health care providers licensed under Title 58, Division of Occupational and Professional Licensing Act whose scope of practice includes the administration of anesthesia to a patient, to study and make a recommendation to the Legislature's Health and Human Services Interim Committee on or before November 15, 2013:

    (1) that identify anesthesia procedures that:
    (a) may be performed by licensees under this title; and
    (b) involve significant risk to a patient; and
    (2) recommend whether a patient and supervising surgeon should:
    (a) be informed of the level of training of, or the type of license held by the provider who will perform the procedure; and
    (b) be required to consent to the type of provider who will perform the procedure.  


Rep. Christensen withdrew the substitute motion.
    
The original motion to amend failed, with Rep. Christensen, Rep. Greene, Rep. Menlove, Rep. Redd, and Chair Ray voting in opposition.

MOTION:    Rep. Menlove moved to amend the bill as follows:

1.    Page 1, Lines 18 through 19 :    

             18          .    establishes terms for the license;
{   and   }

             19          .    defines unlawful and unprofessional conduct
{   .   }        ; and

    . requires the Division of Occupational and Professional Licensing to study and make a recommendation to the Legislature regarding certain patient consent and notice requirements.  


2.    Page 2, Line 36 :    

             36          58-70b-502, Utah Code Annotated 1953
  Uncodified Material Affected:

ENACTS UNCODIFIED MATERIAL  


3.    Page 6, Line 166 :    

             166          (4) exploiting a client for personal advantage, profit, or interest.

      Section 11. Division of Occupational and Professional Licensing Study.

    The Division of Occupational and Professional Licensing , in partnership with the Health and Human Services Interim Committee, shall consult the professional boards for health care providers licensed under Title 58, Division of Occupational and Professional Licensing Act whose scope of practice includes the administration of anesthesia to a patient, to study and make a recommendation to the Legislature's Health and Human Services Interim Committee on or before November 15, 2013:
    (1) that identify anesthesia procedures that:
    (a) may be performed by multiple licensees under this title; and
    (b) involve significant risk to a patient; and
    (2) recommend whether a patient should:
    (a) be informed of the level of training of, or the type of license held by the provider who will perform the procedure; and
    (b) be required to consent to the type of provider who will perform the procedure.  


The motion failed, with Rep. Barlow, Rep. Christensen, Rep. Greene, Rep. Redd, and Chair Ray voting in opposition.

MOTION:    Rep. Cosgrove moved to adjourn the meeting. The motion passed, with Rep. Barlow, Rep. Greene, and Rep. Kennedy voting in opposition.

Chair Ray adjourned the meeting at 4:12 p.m.



                        _____________________________
                         Rep. Paul Ray, Chair