December 21, 2018

Pre-Filed State Bills Reflect Imaging Advocacy Themes

Political themes carrying significant relevance to the future practice of radiology can be seen in the early pre-filings of proposed legislation in states across the nation.

With assistance from the American College of Radiology, state radiology chapters face the prospect of monitoring and interacting with their law-makers on bills covering scope of practice, certificate of need, breast density reporting and on surprise gaps in insurance coverage/balance billing.

Here’s a rundown of legislative pre-filing in specific states and the District of Columbia:

District of Columbia B 960 2017-2018

Bill Text

State Record

Subject(s): Breast Density Reporting; Cancer Screening
Introduced: 9/18/2018 Sponsor: Nadeau

Summary: Breast Density Screening and Notification Act of 2018.

History: ** 12/04/2018 Final Reading

Missouri SB 165 2019

Bill Text

State Record

Subject(s): Certificate of Need

Introduced: 12/10/2018 Sponsor: Senator Bill Eigel (R)

Summary: Repeals the certificate of need law.

Missouri SB 103 2019

State Record

Subject(s): Balance Billing

Introduced: 12/1/2018 Sponsor: Senator Jill Schupp (D)

Summary: Enacts provisions relating to unanticipated out-of-network health care services.

Missouri

Missouri Health Consolidated Health Care Plan - various updates (Public Entities)

Citation: 22 CSR 10-3.010; 22 CSR 10-3.020; 22 CSR 10-3.045 et seq.


Notice of Rulemaking - see page 5

Subject(s): Balance Billing

Comments/Briefs Due: 1/2/2019

Published

Summary: The Missouri Consolidated Health Care Plan has issued emergency rules to update various aspects of the program, including:

22 CSR 10-3.090 Pharmacy Benefit Summary: revises the names of the medical plans, copayments, preventive drugs, and out-of-pocket maximum


Missouri SB 82 2019

State Record

Subject(s): Certificate of Need

Introduced: 12/1/2018 Sponsor: Senator Mike Cunningham (R)

Summary: Modifies provisions of law relating to health care facilities and certificates of need.


New Hampshire LSR 826 2019

Subject(s): Cancer Screening

Introduced: 12/4/2018 Sponsor: Senator Jeb Bradley (R)

Summary: Relative to reimbursement rates for low-dose mammography coverage.

New Hampshire LSR 531 2019

Subject(s): Balance Billing

Introduced: 11/30/2018 Sponsor: Representative David Luneau (I)

Summary: Relative to ambulance billing, payment for reasonable value of services, and prohibition on balance billing.

New Jersey AB 4761 2018-2019 Companion: SB 3201

Category-Subscribed

Bill Text

State Record

Subject(s): Balance Billing

Introduced: 12/6/2018 Sponsor: Assemblyman Raj Mukherji (D)

Summary: Revises certain aspects of out-of-network arbitration process under the "Out-of-network Consumer Protection, Transparency, Cost Containment and Accountability Act.".

New Jersey SB 3251 2018-2019 Companion: AB 4724

State Record

Subject(s): Cancer Screening

Introduced: 12/6/2018 Sponsor: Senator Linda R. Greenstein (D)

Summary: Prohibits pre-approval or precertification of cancer treatments, tests, procedures and prescription drugs covered under health benefits or prescription drug benefits plans.

History: ** 12/06/2018 (S) Introduced 1st Reading Senate Referred to Commerce **


New Jersey SB 3201 2018-2019

Category-Subscribed

Bill Text

Subject(s): Balance Billing

Introduced: 11/26/2018 Sponsor: Lagana

Summary: Revises certain aspects of out-of-network arbitration process under the "Out-of-network Consumer Protection, Transparency, Cost Containment and Accountability Act.”

New Jersey

Manual of Standards for Licensing Ambulatory Care Facilities; Radiation oncology services quality improvement methods, and to the Hospital Licensing Standards; Radiation Therapy Continuous Quality Improvement Methods

Citation: N.J.A.C. 8:43A-30.7 and 8:43G-28.19

Advisory

Notice

Subject(s): Scope of Practice

Summary: The Department of Health received a petition for rulemaking requesting that the Department make certain amendments to the Manual of Standards for Licensing Ambulatory Care Facilities at N.J.A.C. 8:43A-30.7, Radiation oncology services quality improvement methods, and to the Hospital Licensing Standards at N.J.A.C. 8:43G-28.19, Radiation therapy continuous quality improvement methods.

A notice acknowledging receipt of the petition was published in the October 15, 2018, New Jersey Register at 50 N.J.R. 2177(a). In accordance with applicable law, the Department reviewed the petition and has determined that additional time is needed to deliberate about this petition. Time is needed to further evaluate the standards for certification of the American Society for Radiation Oncology and compare them with the standards of the American College of Radiology and the American College of Radiation Oncology. The Department has asked the American Society for Radiation Oncology for additional information and has sought input from stakeholders.

Accordingly, pursuant to N.J.A.C. 1:30-4.2(a)3, this matter will be referred for further deliberation for a period not to exceed 90 days.

History: Advisory issued on 12/03/18

North Carolina

Board of Nursing - Various

Rules Review Commission Agenda - see page 113

Notice of Rulemaking - see page 13

Rules Review Commission Agenda Meeting Dec. 13, 2018 - see page 156


Subject(s): Scope of Practice

Agency Adopted

Summary: The Board of Nursing has proposed various revisions to rules and the Board proposes amendments to add definitions, modernize requirements of licensure, clarify language and update references.

Texas

Medical Radiologic Technology

Citation: 22 TAC §§194.6, 194.10, 194.12, 194.13, 194.23

https://www.sos.state.tx.us/texreg/archive/December72018/Proposed%20Rules/22.EXAMINING%20BOARDS.html#13

Subject(s): Scope of Practice

Summary: The Texas Medical Board (Board) proposes amendments to Chapter 194, relating to Medical Radiologic Technology, §§194.6, 194.10, 194.12, 194.13, 194.23.
The amendments to §194.6, relating to Procedural Rules and Minimum Eligibility Requirements for Applicants for a Certificate or Placement on the Board's Non-Certified Technician General Registry, make several changes to temporary certification requirements, language related to examinations required for registration as an NCT or general or limited certification, and otherwise are proposed to correct typographical errors and improve the clarity of the rule.

History: Proposed Rule published on 12/07/18

Virginia HB 1680 2019

Bill Text

State Record

Subject(s): Certificate of Need

Introduced: Sponsor: Delegate Robert D. Orrock (R)

Summary: Certificate of public need. Makes changes to the Medical Care Facilities Certificate of Public Need Program. The bill (i) removes specialized centers or clinics or that portion of a physician's office developed for the provision of lithotripsy, magnetic source imaging (MSI), or nuclear medicine imaging from the list of reviewable medical care facilities; (ii) provides that establishment of a medical care facility to replace an existing medical care facility with the same primary service area does not constitute a project; (iii) removes introduction into an existing medical care facility of any new lithotripsy, magnetic source imaging, or obstetrical service that the facility has never provided or has not provided in the previous 12 months and addition by an existing medical care facility of any medical equipment for the provision of lithotripsy and magnetic source imaging (MSI) from the definition of project;

Washington


Tumor Treating Fields/ PET Scans for Lymphoma

Notice

Subject(s): Cancer Screening

Summary: The Health Care Authority has issued a notice to announce that two draft coverage decisions reached by the Health Technology Clinical Committee (HTCC) at their November 16, 2018 meeting are now open for a fourteen day public comment period: Tumor treating fields, (Optune), and Positron Emission Tomography (PET) scans for lymphoma. Final action on these decisions is scheduled for the HTCC's January 18, 2019 public meeting.