State Legislative Issues
Other state legislation related to the practice of emergency medicine.
Arizona
In the 2023 legislative session, we championed a bill that one of our rural members brought forward, who had issues prescribing schedule II-controlled substances, which was signed into law. In 2022, we were actively involved with other physician associations in supporting and implementing legislation that: allows physicians to confidentially participate in wellness programs; requires hospitals to adopt and implement policies to prevent exposure to surgical smoke; and directs health care employers to develop, implement and post a written workplace violence prevention program.
Colorado
Colorado has confirmed that we will be facing a challenge to our non-economic damage caps. The trial attorney from CA has moved to Colorado and the Colorado Trial Lawyers Association has pulled a ballot title to place the issue on the 2024 November ballot to remove all caps. In an attempt to undermine their attempt, we are also pulling ballot titles (capping attorney fees, etc.) as well as voluntarily increasing caps so they cannot campaign on the fact that our caps have not been increased in 20 years, etc.
Florida
None
Georgia
PLP updated to include "any physical or mental condition" and "regardless of the initial, interim, final or other diagnoses that are given." Also, "failure to comply with any insurer requirement to emergency services" is a violation of the state's unfair practices act.
Massachusetts
The House has indicated its intent to pass legislation that seeks to protect community hospitals, and strengthen the Health Policy Commission’s role in hospital mergers and acquisitions and the Determination of Need process. The lead bill before the House is H.1219, sponsored by Rep John Lawn, House Chair of the Health Care Financing Committee. Identical to legislation passed by the House in the last session but did not pass the Senate. Priority of House Speaker Ron Mariano.
Mississippi
2024 is the first year of a four-year term (coming off the 2023 election state election cycle) for the governor and entire legislature. We will see a new House Speaker and leadership team and may see new Medicaid and Health committees make up in both chambers. The session could easily run through late April, a month longer than is typical the other three years of the term.
Ohio
SB 126 – legislation regarding limitations of non-compete clauses for physicians. This bill has received hearings before the Senate Health Committee.
Oregon
Worked with legislative champion to convene a 60-member workgroup for EMS modernization. This will help to combat ED boarding. Bills will be introduced in 2024 and 2025.
Rhode Island
Regarding population based research. Currently, Rhode Island state law conflicts with the federal approach and effectively prevents waiver of consent, even in cases where it would be appropriate and safe for research subjects and otherwise permissible under federal regulation. Rhode Islanders are excluded from national studies informing treatment and prevention of critical illnesses, including registries that determine national clinical guidelines. We are advocating to change this.
Tennessee
Tennsee has corporate practice of medicine legislation, which prohibits hospitals from hiring physicians in Tennessee. Bills are introduced annually to do away with the legislation. Hospital based physicians fought off these bills during the recent legislative session.