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Legislative Update 2022
LAMMICO | Defense Counsel Seminar November 11, 2022
2022 at the Louisiana Legislature
Special Session #1 Redistricting February 1 st to 20 th (18 th ) 57 Instruments Filed 5 Acts 2 Vetoes
Regular Session Anything Goes
Veto Session One Day Only! March 30 th
Special Session #2 Congressional Redistricting June 15 th to June 20 th (18 th ) 7 Instruments Filed Adjourned w/o Action US Supreme Court Decision
March 14 th to June 6 th 2,300 Instruments Filed 182 Tracked by Medicine 776 Acts (29 Vetoes)
Paused Regular Session 109 Physician Witnesses 2 Vetoes Overridden
Scope of Practice
SESSION.
• Usual cadre of bills seeking increases in scope from: • Advanced Practice Registered Nurses • Physician Assistants • Aggressive efforts by pharmacists to • Allow a pharmacist to render any patient care services approved by protocol development committee (Oregon) • Allow a pharmacist to order, administer and interpret laboratory tests • Allow a pharmacist to both prescribe and dispense • Issues
SCOPE.
• Unlicensed Practice of Medicine • Corporate Practice of Medicine • Lack of transparency (Truth in Advertising) • Malpractice Issues • Different Standard of Care
REPEAT.
Noncompete – Non-Starter
SB 385 by Sen. Jay Morris
LSMS requested legislation specific to physicians
SB 238 by Sen. Cleo Fields
Addressed all employee contracts
SB 427 by Sen. Franklin Foil
Specific to physicians employed by state entities
HB 1037 by Rep. Mandie Landry
Addressed all noncompete clauses and closely mirrored the White House’s Executive Order
• Over 30 bills on vaccines filed • HB 54 by Rep. Larry Bagley • Originally included criminal penalties for asking vaccination status for entry anywhere • Amended heavily before being passed; Vetoed by Gov. John Bel Edwards • HB 424 by Rep. Chris Turner related to pharmacy scope • HB 1022 by Rep. Beryl Amedee provided civil remedies for students denied entry into school because of immunization requirements
Vaccine- Palooza
HB 47
HB 413
HB 600
HB 48
HB 427
HB 428
HB 531
HCR 1
HB 177
HB 253
SB 92
HB 232
HB 295
SB 2
HB 354
HB 407
HB 424
HB 594
HB 53
HB 640
HCR 3
SB 29
HB 535
HB 735
SB 1
SB 11
HB 54
SB 37
SR 178
HR 233
HB 1022
HB 353
SB 58
SB 141
Anti Trust gets Controversial SB 276 by Sen. Kirk Talbot • Original bill was placeholder
• Attempted to exempt managed care organizations from anti-trust statutes – retroactive clause included. • Clear effort to impact pending litigation • Failed by votes of 14/20 and 18/19 on the Senate Floor • Amendments were adopted prior to the second vote in an effort to make the bill more palatable
Med Mal Matters
SB 220 by Sen. Katrina Jackson • Bill draft vs author intent seemed to conflict • Focused on relating standard of care to actual emergency • Added “which is unrelated to the public health emergency” SB 346 by Sen. Jimmy Harris • Shifted burden of proof to the provider
2023 Expectations • Both 2022 bills were pulled back to work on language for 2023 with promises that we would see the subject matter again • Continued meetings primarily with Sen. Harris
Act 432 (SB 112) by Sen. Robert Mills mirrored Texas “gold card” bill related to Prior Authorization • Amended to require insurance companies to develop their own prior authorization relief program Act 166 (HB 339) by Rep. JP Coussan related to coordination of benefits prohibits health plans from impacting provider payments on the basis of the insured’s failure to provide notice of another insurance policy (effective 1/1/2023) Act 534 (SB 59) by Sen. Fred Mills prohibits a Medicaid MCO from requiring a prepayment review unless directed by LA Dept. of Health Act 143 (HB 286) by Rep. Chris Turner stipulates that providers with hospital privileges have satisfied MCO credentialing requirements
Relieving Admin Burdens
Abortion and LA Trigger Laws
During Session Act 545 (SB 342) by Sen. Katrina Jackson • Creates mandatory imprisonment and fines for physicians performing elective pregnancy terminations in most circumstances • Includes exception for medically futile pregnancy • Includes exception for life or serious bodily injury to the mother • Addresses use of methotrexate for ectopic pregnancies • Required LDH to promulgate list of conditions considered medically futile • Failed to repeal older statutes
After Session Adjourned • June 24: US Supreme Court releases opinion in Dobbs v. Jackson overturning Roe v. Wade • “The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.” • 2 Louisiana Trigger Laws impacted
• Act 467 of 2006 in immediate effect • Act 545 of 2022 in effect but under stay • Constitutional Amendment adopted in 2019 • ObGyn, Emergency, Oncology - impacts
Did we mention regulatory affairs?
At the LSBME • Mandatory reporting by hospitals on physicians • Bridge year physician program
2023 will be here before we know it…
Legislative Session is fiscal in nature • 5 Bills per legislator allowed to be non-fiscal • Issues expected
• Med Mal • Abortion • Scope of Practice
2023 Elections • Term Limited • Governor
• Senate President & House Speaker • 15 Representatives & 7 Senators
Thank you!
Maria Bowen VP, Gov’t Affairs mbowen@lsms.org 225.939.7576 Lauren Bailey VP, Legal Affairs lbailey@lsms.org 225.768.5600
Join The Conversation @LaMedSoc
Download the LSMS Journal Legislative Session ReCap
Louisiana State Medical Society www.lsms.org
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