2011 State Legislative Sessions
The 2011 state legislative sessions have started. Currently, 40 states are in regular session for the year. While implementation or repeal of health care reform remains a high priority on the national level, we should expect a great amount of activity on the state level. Also look for some states to address reoccurring issues such as staffing levels, criminal background checks, and liability. In addition, Mississippi, New York, and North Dakota have proposed bills related to scope of practice.
Below is a brief summary of some of bills already introduced during the new 2011 session:
California—Introduced a bill on hospital discharge policy requiring hospitals to provide information both orally and in writing to patients in need of post-hospital care. Also, if necessary, provide the information to his or her representative, at the earliest possible opportunity prior to discharge.
Connecticut—Introduced a bill ensuring that all patient occupied areas of nursing homes are equipped with air conditioning.
Indiana—Introduced a bill on nursing facility screening and notification requiring the dissemination of information, such as the availability of services, other than services provided in a nursing facility, that are appropriate to the individual’s health and social needs to maintain the individual in the least restrictive environment, as part of: (1) a nursing facility’s notification to applicants; (2) the nursing facility preadmission screening program; and (3) the hospital discharge process.
Indiana—Introduced a bill requiring health facility employee criminal background checks, requiring a health facility to obtain a national criminal history background check or an expanded criminal history check.
Kentucky— Introduced a bill requiring each long-term care facility or hospice facility to designate an employee of the facility to be the designated reporter of deaths within the facility. It further requires the name and business telephone of the employee to be forwarded to the Attorney General and provides the maximum time period for submission of the report to the appropriate coroner or medical examiner.
Maryland—Introduced a bill requiring licensed physicians to notify patients in writing if they do not maintain professional liability coverage or if coverage is not renewed. Notification must be given on the patient’s first visit or the first visit after not renewing coverage. Each licensed physician who does not maintain professional liability coverage must post that information where they practice.
Mississippi—Introduced a bill deleting the requirement that advanced practice registered nurses must practice with a collaborative or consultative relationship with a physician or dentist.
Montana—Introduced a bill revising the requirement for issuing a medical marijuana prescription to include for a diagnosis involving severe and chronic pain.
New Jersey—Introduced a bill establishing, through Medicaid, a medical home demonstration project. Another bill was introduced that would put a statute of limitations on medical malpractice suits to four years.
New York—Introduced a bill authorizing nurse practitioners to sign death certificates like physicians. Another bill allows certified nurse practitioners to practice without collaboration of a licensed physician.
North Dakota—Introduced a bill amending the nursing practice standards to delete the requirement that prescriptive practices must include evidence of a collaborative agreement with a licensed physician.
Texas—Introduced a bill establishing a pilot project on comprehensive access point for long-term care services and support services provided to older persons and persons with physical disabilities. Another bill amends the use of restraints in state-supported living center except under certain circumstances including necessity to prevent imminent physical injury to the resident or another.
If any issues arise in your state, please contact Gaby Geise in AMDA’s Government Affairs Department at ga@amda.com or 410-992-3145.