House Votes to Encourage Charitable Clinics

OKLAHOMA CITY – Legislation approved by the Oklahoma House of Representatives would encourage greater access to health care in the form of charitable clinics.

House Bill 2521, by state Rep. Sally Kern, redefines a free clinic as a charitable clinic and limits liability for volunteer physicians and other health care providers working at the clinic. The legislation defines a charitable clinic as a nonprofit entity organized for the purpose of providing health care services at no charge or for a minimal fee.

“Not all Oklahomans have access to health care either because they cannot afford it or because of the hardship of providing that care for profit in certain areas of the state,” said Kern (R-Oklahoma City). “My legislation encourages the use of charitable clinics by protecting the volunteer physicians and health care providers working in the clinic from frivolous lawsuits.”

The legislation addresses where volunteer health care providers can offer their services, Kern said.

“Charitable clinics are not truly free clinics, because many of them need to charge a small fee to cover some of their administrative costs,” Kern said. “This legislation ensures that our current law incorporates this fact.”

House Bill 2521 passed the Oklahoma House of Representatives on a 91-0 vote and now proceeds to the Senate for consideration.

Understanding Faith-Based Options for Health Care

By John D. Doak, Oklahoma Insurance Commissioner

With health care costs escalating and the federal government grasping for control of everything from the purse strings to your choice of doctors, specialists and treatments, many Oklahomans are searching for innovative, individualized ways to achieve wellness. Among those options are faith-based health-care “sharing ministries.”

Often invoking Scripture such as Galations 6:2 – “Carry each other’s burdens, and in this way you will fulfill the laws of Christ” – these organizations in effect are nonprofit cooperatives. An estimated 100,000 people nationwide have joined such bill-sharing groups, which act as an organizational clearinghouse for information between participants who have financial, physical or medical needs and participants who presently have the ability to pay for the benefits of those who have needs. Members deposit monthly fees into an account and managers of the organization distribute the funds to pay bills incurred by individual members.

Many members of these organizations say they also receive spiritual support from their health-care sharing ministry, beyond the financial impact of the group.

An added benefit for those who join these health-care sharing ministries is that their participation makes them no longer subject to Washington’s individual mandate to purchase insurance, which eventually will be enforced as part of President Barack Obama’s Patient Protection and Affordable Care Act provided the federal law is not overturned in the courts. Section 1501(b) of the PPACA adds Section 5000A to the Internal Revenue Code, exempting members of a health-care sharing ministry from being required to purchase private insurance.

As a man of great faith, an opponent of PPACA, and an advocate of free-market solutions to insurance issues, I support health-care sharing ministries as an option for Oklahoma consumers.

But I must also make it clear that the Oklahoma Insurance Department by law cannot provide consumer protections to those who choose to participate in health-care sharing ministries.

Some history on the subject might illustrate that point.

Under the previous administration, the Oklahoma Insurance Department found that a health-care sharing ministry known as Medi-Share was actually operating in this state as an insurance company without license to do so.

In 2008, Medi-Share was enjoined by OID from acting as an insurer in the state of Oklahoma. That same year, the Oklahoma Legislature amended the requirements of the state Insurance Code 36 O.S. § 110(11) to provide that the Insurance Department did not have regulatory powers over health-care sharing ministries. Meanwhile, Medi-Share modified its operations so that it facilitated direct member-to-member sharing of health care expenses, making its operating model compliant with the revised Oklahoma law. In 2009, Medi-Share resumed operations in Oklahoma as a health-care sharing ministry.

What this means in layman’s terms is that  while faith-based sharing organizations might be an option to make health care more affordable and to keep the federal government out of your family’s health care choices, you cannot bring consumer complaints to me as your Insurance Commissioner or to the Oklahoma Insurance Department for resolution. You will have to settle any potential dispute with your health-care sharing ministry on your own.

Consider this as you weigh the decision to join a health-care sharing ministry.

For more information on this topic or about any form of insurance in Oklahoma, don’t hesitate to contact the Oklahoma Insurance Department’s Consumer Assistance Hotline at (800) 522-0071. You can also visit us online at oid.ok.gov.

Health care law committee to begin work

OKLAHOMA CITY – Legislative leaders yesterday announced membership and meetings of the Joint Committee on Federal Health Care Law, a special legislative committee that will study how the new federal health care law affects Oklahoma.

Senate Pro Tem Brian Bingman and House Speaker Kris Steele ordered the formation of the joint committee this past legislative session to ensure Oklahoma properly addresses the Federal Patient Protection and Affordable Care Act.

At the direction of co-chairmen Sen. Gary Stanislawski, R-Tulsa, and Rep. Glen Mulready, R-Tulsa, the Joint Committee on Federal Health Care Law will do its work through a series of public meetings in Oklahoma City and Tulsa.

The committee’s first meeting will be Sept. 14 in Oklahoma City. The committee is expected to meet at least five times through November.

“Having suitable health care options in Oklahoma is an issue the Legislature takes very seriously and intends to proactively protect and address through this committee,” said Stanislawski, a Certified Financial Planner. “Oklahoma patients, taxpayers, businesses, health practitioners, insurers and others all have wide-ranging questions and concerns about this largely unwanted new federal law. The law will affect all Oklahomans, some in significant ways, so this committee will seek to address all relevant questions and concerns for the benefit of all Oklahomans.”

Among the topics to be studied are the state of health care in Oklahoma, logistics and ramifications of implementing the federal health care law, implementation timelines, responses to the law and the costs local governments and businesses may face as a result of the law.

The committee will also explore the implications Oklahoma’s lawsuit challenging the law’s constitutionality may have on the law’s implementation here.

“Clearly, most Oklahomans oppose this law. While we have taken steps to guard against harmful portions of the law, we would be remiss if we did not continue reviewing it so we can do our best to protect a choice-based, free-market health care system for Oklahomans,” said Mulready, a 28-year insurance industry veteran. “Simply put, the committee will show Oklahoma what to expect from this law, how we can continue to protect Oklahoma’s interests and how we can make sure we are best prepared as a state.”

The committee will solicit testimony and recommendations from a wide range of public and private sector experts. It is expected to hear from state and federal policymakers, business officials, insurance agents and brokers, legal experts, health care industry officials and more.

“All parties will be at the table working to make sure Oklahomans have health care choices, not mandates,” said Bingman, R-Sapulpa. “This is an opportunity for Oklahoma to assert our state’s rights and I’m confident all stakeholders will rise to the challenge so we can avoid dangerous federal mandates wherever possible.”

Ultimately, the committee will make recommendations on how the state should address components of the federal health care law.

“The committee will explore all possibilities for putting forth Oklahoma solutions that support a free market health care system,” said Steele, R-Shawnee. “Not everything is clear about this law, and most of us don’t like it, but what we do know is Oklahoma cannot afford to be caught flat-footed, unprepared and unprotected if it takes effect. As much as anything else, this committee ensures Oklahoma is prepared.”

Committee members are:

Sen. Gary Stanislawski, R-Tulsa, co-chair

Rep. Glen Mulready, R-Tulsa, co-chair

Sen. Cliff Aldridge, R-Oklahoma City

Sen. Bill Brown, R-Broken Arrow

Sen. Brian Crain, R-Tulsa

Sen. Sean Burrage, D-Claremore

Sen. John Sparks, D-Norman

Rep. Doug Cox, R-Grove

Rep. Randy Grau, R-Edmond

Rep. Jason Nelson, R-Oklahoma City

Rep. Jeannie McDaniel, D-Tulsa

Rep. Danny Morgan, D-Prague

Ritze Questions City Restrictions on Allergy Medicines

State Rep. Mike Ritze plans to request the Office of the Attorney General to determine the legality of new restrictions on the sale of allergy medicines imposed by city governments.

Recently, the cities of Wagner and Holdenville have passed ordinances that prevent citizens from purchasing over-the-counter allergy medicines containing pseudoephedrine without a prescription.

Similar legislation failed to become law this year at the Legislature.

Supporters allege the regulations will interfere with the manufacture of methamphetamine.

Ritze, a physician and surgeon with a Master's Degree in Forensic Science, questions that assumption.

“Like all Oklahomans, I recognize the problem created by meth production in our state,” said Ritze, a Broken Arrow Republican who is vice-chairman of the House Appropriations and Budget Subcommittee on Public Safety. “However laws to require a prescription of Sudafed-type products would not only create a potential huge cost to patients, but may also add to the already overburdened healthcare system. These restrictions will force the thousands of allergy sufferers in Oklahoma to clog doctors’ offices or, even worse, drive them to the emergency room for basic care.”

Ritze noted the state already tracks pseudoephedrine sales in real time and that the Oklahoma Bureau of Narcotics (OBN) has a computer system that keeps a record of every sale. That system is used to prosecute criminals who buy and re-sell pseudoephedrine to make meth.

Ritze said one possible solution is to restrict the production of pseudoephedrine in a format that reduces it to an inert compound that can be crushed and used for meth production, or lawmakers could disallow the sale of tablet forms of the drugs and only allow the sale of liquid forms.

“Requiring prescriptions for pseudoephedrine will not solve our meth problems,” Ritze continued. “Rather, we need to use the available tracking information to identify and find those who are consistently buying the limit to stop meth production.”

In his request to the Office of the Attorney General, Ritze will ask the following three questions:

Do municipalities, towns or cities have the authority under state law to adopt such an ordinance?
Do municipalities, towns or cities have the authority to enforce such ordinance?
Do municipalities, towns or cities have the authority to pass an ordinance to allow a particular drug that is presently prescription only no longer require a prescription?

Bill Addressing Accessible Health Care Passes House

OKLAHOMA CAPITOL - House Speaker Kris Steele, R-Shawnee, Rep. Glen Mulready and Rep. Mark McCullough comment on HB 2130, approved today by the House of Representatives. The measure defines the membership and appointments to the Health Care for the Uninsured Board (HUB) which will oversee the implementation of the health care exchange.

House Speaker Kris Steele:

“Oklahoma ranks fifth highest in the nation in the percentage of citizens without health insurance. We now have the opportunity to construct a system that will provide meaningful access to quality, affordable health care coverage. The health care Exchange will empower Oklahomans to make good choices for their families. It will also enable small business owners to purchase health plans that best meet their needs.”

Rep. Glen Mulready:

“This is an important step towards ensuring that any Exchange established in Oklahoma is a free enterprise and focused solution for private markets. It incorporates the continued role of professional insurance brokers and agents in helping Oklahoma families make the best long term healthcare decisions for their families. The last thing we want to do is leave this role to the federal government. This establishes our governing board and confirms we have state control that best suits the state of Oklahoma.”

Rep. Mark McCullough:

“It is very exciting for me to see Oklahoma’s Insurance Exchange actually taking shape. It has been over three years since Ed Haislmaier of the Heritage Foundation first came to the Capitol to discuss this groundbreaking innovation in health insurance delivery. Oklahoma is on its way to leading the nation away from top-down, government run health care and toward individual choice and the free market.”

NEXT STEP:
House Bill 2130 passed the House by a vote of 51-34. It now heads to the Senate for additional consideration.

Gov. Fallin, Commissioner Doak Support Free-Market Based Health Insurance Exchange

Governor Mary Fallin and Insurance Commissioner John Doak today sent the following letter to State Representatives in support of House Bill 2130:

To: Oklahoma State Representatives
From: Governor Mary Fallin and Insurance Commissioner John Doak

Dear Representative,

Gov. Mary Fallin

We would like to make you aware of the extraordinary opportunity Oklahoma has to be a national leader in designing and implementing a conservative, free-market based health insurance exchange.

As you know, the idea of an Oklahoma Health Insurance Exchange is not a new one. In 2009, the legislature passed a bill that authorized the creation of a health insurance exchange portal where consumers could compare and research various private health insurance plans in one online location.

As mentioned in the State of the State address, our goal is to create an insurance exchange where small businesses and individuals can pool their money to expand their purchasing power, increase competition and ultimately reduce costs. Our vision is to protect consumers and guarantee the role of licensed agents and brokers. Therefore, we are asking for your support for HB 2130, which establishes a governance structure for an Oklahoma Exchange.

We believe the creation of this Oklahoma Health Insurance Exchange represents a great opportunity for our state to develop a national model for providing citizens with quality private health insurance. I also believe it represents an important opportunity for conservative policymakers to offer a positive agenda for Oklahoma families.

Insurance Comm. John Doak

The Commissioner and I strongly oppose ObamaCare and will continue to work to have it overturned. We are proud to stand with General Scott Pruitt and his efforts to have this law ruled unconstitutional. This is now our opportunity to stand up for our 10th amendment rights and create an Oklahoma based free-market exchange.

An Oklahoma Health Insurance Exchange would be an online marketplace where costs are reduced, where insurance products could be bought and sold to meet individual needs and where all insurers could compete to promote real choices for consumers. This is the exchange that my administration, the Insurance Commissioner, the Speaker, the Pro Tem, and others are dedicated to creating. We look forward to working with all stakeholders on the legislation to ensure everyone is represented appropriately. We hope you are as excited by this opportunity as we are.

Representatives Approve Changes to Nursing Practice Act

Rep. Pat Ownbey
R-Ardmore

Legislation approved by the Oklahoma House of Representatives would modify the Nursing Practice Act to bring it more in line with regulations nationwide.

State Rep. Pat Ownbey, who authored the bill, said bringing the board and certification requirements in line with national regulations will ensure that nurses in the state are qualified for federal positions and employment with national companies.

“Oklahoma’s law just needs to be in line with national regulations and guidelines,” Ownbey, R-Ardmore, said. “This will help those who are seeking employment as a nurse to be able to work anywhere in the country and allow those coming in from out of state to be met with guidelines that they are familiar with. It’s basically a jobs bill.”

House Bill 1275, by state Rep. Pat Ownbey, would standardize the titles and roles of nursing professions that the State Board of Nursing can license or certify and create provisions for the licensure of advanced practice registered nurses and advanced unlicensed assistants. It would also clarify that no single fee for a license or certification be more than $125.

One of the more important provisions would be updating the criminal background check requirements, Ownbey said.

“The legislation contains many changes to update our nursing certification laws, but the background check changes are a key safety issue,” Ownbey said. “The new background checks will be more thorough and catch people that might have slipped through the system in the past.”

House Bill 1275 would also:

• Require that applicants for RN and LPN licenses be at least 18 years of age;
• Give the State Board of Nursing the ability to authorize or deny prescriptive and drug-related authority;
• Authorize the State Board or Nursing to discipline a license holder if the person defaults on the Peer Assistance Program or violates rules on professional boundaries with patients or sexual misconduct;
• Authorize the executive director to rescind the license of someone not entitled to it and suspend the license of certain incarcerated persons until action has been taken on reinstatement requests;
• Redefine nurses licensed in another state who can practice temporarily in Oklahoma; and
• Authorize the Board to recognize graduates of certain nursing education programs as qualified and promulgate related rules.

Ownbey said he was pleased to receive unanimous support of his bill.

“It was nice to sponsor a nonpartisan, win-win bill,” Ownbey said. “My hope is that this legislation will make things a bit easier for nurses in the state and entering the state.”