New Laws for 2009

There have been more than 2,000 bills filed during the 2009 Indiana General Assembly, but only 183 of them were passed by both houses and sent to Gov. Daniels for consideration.

Governor Daniels vetoed three of these bills.

From a medical standpoint, here are some of the bills pertaining to health care that may be interest. All of these will become Law effective 1, 2009.

HB 1300 - Health plan requirements and study

This new law will require insurers to include with payment to the insured a notice in 24-point bold type instructing the insured that payment must be used to reimburse the provider if charges have not already been paid in full. The notice must state that paying the health care provider is the responsibility of the insured, and failure to make payment violates the law and may result in collection proceedings.

Also, the Indiana Department of Insurance (IDOI) will collect information regarding costs of initiation and operation to recognize assignment of benefits. The IDOI will report later this summer to the Health Finance Commission on its actuarial findings. The commission also will study the effect of open access clauses in insurance contracts as well as a provider’s ability to control patient panel mix.

SB 342 - Compensation for victims of violent crimes and wrongful death or injury of a child

With the signature of the governor, the Wrongful Death Act has now been expanded to include a fetus that has obtained viability – instead of a child who has taken its first breath.

The ISMA opposed this bill because of its potential impact on the Patient’s Compensation Fund. By modifying the definition of a child, the new law may create a second cap if the fetus is determined to be viable. The language does not define a viable fetus. That will be left up to the courts to decide.

HB 1210 - Psychiatry Loan Repayment Program

Aimed at attracting psychiatrists, psychologists, psychiatric nurses and public sector psychiatrists to practice in Indiana, several new mental health programs will be created. Among them are loan forgiveness programs, which will be administered by a mental health services development programs board.

However, there is no funding mechanism for these programs and there will be little direct effect on the efforts to encourage more medical students to enter these fields of practice. The new law does create the administrative structures to oversee these programs once funding becomes available.

HB 1573 - Various professions matters

This new law relieves physicians from liability for health records destroyed in a natural disaster, unless failure to maintain the records was caused by negligence of the provider. It also exempts from state license requirements sports physicians who provide treatment for their out-of-state teams.

HB 1593 - Practicing as a surgical technologist

As a surgeon, this statute will permit you to use a non-certified surgical technologist to assist with surgeries in facilities that allow non-certified surgical technologists to practice. This was the compromise language, instead of the original language that would have required use of a certified surgical technologist only to assist you with your procedures.

HB 1572 - Medicaid Managed Care

This law creates the Medicaid Managed Care Quality Strategy Committee, which will study issues with managed care organizations. The ISMA hopes to use the committee as a venue to address other physician concerns with Medicaid, such as low reimbursement, administrative red tape and overutilization of emergency department services.