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 July 2008
Note: Questions relating to state legislative activity or any of the items noted in ACS Cross Country may be directed to Mindy Baker, State Affairs Associate, at mbaker@facs.org.
Florida Managed Care Bill Signed by Governor
UPPL Moving toward Repeal in New YorkThe New York legislature approved last week a bill to repeal that state’s Uniform Accident and Sickness Policy Provision Law (UPPL). Under Senate Bill 8294, insurers would no longer be able to deny payment to health care providers for emergency services provided to patients injured due to an intoxicated condition. In addition, insurers would be able to recover payments from these individuals should they be found guilty of a DWI or DUI offense. The New York Chapter of the American College of Surgeons and other medical specialty organizations in the state strongly supported this legislation, which has been passed in previous legislative sessions but vetoed by the governor. All indications are that the new Governor, David A. Paterson, will sign the bill. For further information on UPPL repeal, visit the College’s Web site at http://www.facs.org/fellows_info/statements/st-55.html. Liability Legislation Passes in Louisiana
Connecticut Enacts Insurance Contracting Reform BillEarly in June, Gov. M. Jodi Rell signed into law an insurance reform bill intended to prevent the inappropriate and unauthorized sale, leasing, assigning, granting of access to, and purchasing of physician networks and contracts by third parties. The bill creates new rules for so-called “silent PPOs,” companies that lease, rent, purchase or receive access to a physician’s services or established rates from health insurance companies and rental networks. Under the new law, these silent PPOs must observe the same contracts with physicians as the original insurance companies or rental networks that signed those contracts, and must be clearly identified on patients’ insurance cards, on Web sites, and through toll-free telephone numbers. For more information, visit the Connecticut State Medical Society’s Web site at http://www.csms.org/index.php?option=com_content&task=view&id=2075&Itemid=224 Illinois General Assembly Adjourns before Final Passage of UEVHPAProving the truth in politics that “timing is everything,” the Illinois General Assembly adjourned its 2008 session just before final action could take place on the Uniform Emergency Volunteer Health Practitioners Act (UEVHPA). Originally introduced and unanimously passed in the Senate, the House amended SB 2285 and unanimously passed it prior to adjournment. However, because it was amended in the House, it ended up on the Senate Calendar Order of Concurrence, and the Senate did not have time to consider it.
Scope Wins in Maine and TexasReprinted with permission from Michelle Gupta, Legislative Attorney, Advocacy Resource Center, American Medical Association
Texas The most recent opinion can be found at: http://www.3rdcoa.courts.state.tx.us/opinions/HTMLOpinion.asp?OpinionID=16860 TMA and TOA will continue to fight for patient safety in this case, which likely will go next to the Supreme Court of Texas.
Past Issues of ACS Cross Country:
Revised July 10, 2008
by the American College of Surgeons, Chicago, IL 60611-3211 |
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A bill to level the playing field between physicians and managed care companies was recently signed into law by Florida Gov. Charlie Crist (R). SB1012 imposes clear and reasonable guidelines on resolving overpayment or underpayment of physician services (including a 12-month time limit on seeking refunds from physicians) and enforcing assignment of benefits declarations by patients for in-network physicians. The bill also prohibits silent PPOs unless the contract expressly authorizes this arrangement, and it requires transparency in the process of selling or purchasing information on the networks a physician belongs to and their level of payment. For more information, visit the Florida Medical Association’s Web site at 
Three bills related to declared emergency situations were unanimously passed by the Louisiana legislature last week and are awaiting Gov. Bobby Jindal’s signature. HB 1379 establishes a medical review panel of health care services rendered during a state of emergency prior to criminal prosecution. SB 301 provides immunity for certain medical personnel for evacuation or treatment of patients, and SB 330 limits liability for medical personnel for the delivery of medical services. The American College of Surgeons supported these bills and activated the Surgery State Legislative Action Center for Louisiana surgeons to use to contact their state legislators. For further information, contact 
Maine