The formal session of the Legislature came to a close on July 31, 2010 - The Legislature will continue to meet in informal sessions for the remainder of the year and can act on bills by unanimous consent (no member present objecting).
A. The following is a summary of final actions taken on bills the Chapter followed during the formal legislative session:
1. Immunization - Senate Ways and Means Committee did not release Senate 2195, the Chapter sponsored Vaccine Trust Fund Bill, but did address key components of the bill through the budget process. The FY 2011 budget contains appropriations for the Universal Children’s Vaccine Program through an assessment on health insurers, including ERISA self-insurers. The budget also establishes in the Department of Public Health a permanent Immunization Registry.
The establishment of the Immunization Registry is welcomed, but the legislature did not fund it. We are working with DPH to achieve that goal.
2. School Nutrition - After a multi-year effort to move the bill through the legislature, a school nutrition bill was passed and signed into law. Chapter 197 of the Acts of 2010, “An Act Relative to School Nutrition”, would promote healthy school nutrition by limiting the fat and sugar content of foods and beverages served and sold in school systems. The Chapter supported the bill.
3. All Terrain Vehicles (ATV) - The Legislature passed the ATV Bill which is now Chapter 202 of the Acts of 2010, “An Act Regulating the Use of Off-Highway and Recreation Vehicles”. The new law would regulate the use of off-highway and recreation vehicles by children. The law would require riders 18 years and younger to complete a safety program; prohibit use of ATVs by anyone under age 14 unless operating in a sanctioned race or event; require adult supervision for ages 14 to 16; and require operators and riders of ATVs to wear helmets. The Chapter supported the bill.
4. Postpartum Depression - The Legislature passed a stripped down version of a bill addressing postpartum depression. Chapter 313 of the Acts of 2010, “An Act Relative to Postpartum Depression”, would require the Department of Public Health, working with an advisory commission, to create a “culture of awareness, destigmatization and screening for perinatal depression so that residents of the Commonwealth may be assured effective public health services.” The bill creates an advisory commission which would help focus attention on postpartum depression and provide guidance and recommendations to DPH and the Legislature regarding postpartum depression. The Medical Society can nominate four physicians to the advisory commission, one of whom must be a pediatrician. The Chapter supported the bill.
5. Autism Insurance - Through a massive effort of parents and autism advocacy groups the Legislature passed Chapter 207 of the Acts of 2010, “An Act Relative to Insurance Coverage for Autism”. The bill requires insurers to cover the costs for the diagnosis and treatment of autism spectrum disorders. Treatment of autism spectrum disorders includes “care prescribed, provided or ordered for an individual diagnosed with one of the autism spectrum disorders by a licensed physician or licensed psychologist who determines the care to be medically necessary; habilitative or rehabilitative care; pharmacy care; psychiatric care; psychological care; and therapeutic care”. The bill defines habilitative or rehabilitative care as “professional, counseling and guidance services and treatment programs, including, but not limited to, applied behavioral analysis supervised by a board certified behavior analyst, that are necessary to develop, maintain and restore, to a maximum extent practicable, the functioning of an individual”. The law contains a provision that would exempt an insurer from the requirements to provide habilitative or rehabilitative care for 3 years if an actuary certifies in writing to the Commissioner of Insurance that the annual cost associated with coverage of habilitative or rehabilitative care required under this act would exceed one percent of the premiums charged over the insurance polices and contracts written by the insurer. The Chapter monitored the bill, but did not take a position.
6. Healthcare Cost Containment - The Governor signed Chapter 288 of the Acts of 2010, “An Act to Promote Cost Containment, Transparency and Efficiency in the Provision of Quality Health Insurance for Individuals and Small Businesses”. The law requires health insurers to file with the Insurance Commissioner all premium increases for review. The law encourages insurers to develop selective and/or tiered networks of providers, creates bi-annual open enrollment periods for health insurance eligibility in order to stop individuals from jumping into and out of small group insurance coverage in order to get a procedure covered. The law also contains a provision that requires the state or its agencies to consider the special needs of children and pediatric patients when developing or utilizing data standards, quality measurement systems, wellness initiatives or making comparisons of costs and prices. This provision also would require that comparative data and reports segregate pediatric patients and providers from adult patients and providers. The Chapter monitored the bill, but did not take a position.
B. The following bills did not make it through the formal legislative session.
1. Licensure of Midwives. H.4810 - “An Act Relative to Certified Professional Midwives and Enhancing the Practice of Nurse-Midwives”. The bill would license lay midwives and allow nurse-midwives to function independently. The bill was reported favorable by the Healthcare Financing Committee to the House, but was not taken up. The Chapter opposes the bill.
2. Mental Health Collateral Services - Senate 2156, “An Act for Coordination of Children’s Mental Health Clinicians” received a favorable report from the Mental Health Committee but was not reported out by the Health Care Financing Committee. The bill would mandate insurance reimbursement for collateral services provided by mental health providers. The Chapter supports the bill.
3. Safer Alternatives to Toxic Chemicals - House 4865. “An Act Relative to a Competitive Economy through Safer Alternatives to Toxic Chemicals” was reported favorably by the Committee on Environment, Natural Resources and Agriculture and was referred to the House Committee on Ways and Means, which did not report the bill out. The bill would establish an Institute which would develop policies and procedures for recommending safer alternatives to chemicals in use in homes and workplaces. The Chapter supports the bill.
4. Religious Exemption - H.1710 “An Act Relative to Spiritual Treatment through Prayer in lieu of Medical Treatment for Children”. The bill would create an affirmative defense for parents who treat their children through prayer rather than medical treatment. The bill was filed on behalf of the Christian Science Church and was referred to the Joint Committee on the Judiciary. The bill was not reported out of committee. The Chapter opposes the bill.