VAHHS Legislative Report

For the week ending May 4, 2007

Political Overview

NOTE: A final report with detailed information on content of bills will be done within two weeks of adjournment.

With approximately a week remaining in the session, frequent back door negotiations are taking place. Lawmakers spent hours on the floor and worked late into the evenings to pass bills and appoint conference committees to work out differences in bills. Legislators and the Administration agree that adjournment needs to happen quickly. The House and Senate will be in session on Monday in order to move bills from one body to the other.

The Senate debated the Appropriations bill for nearly two full days, establishment of the Vermont telecommunications authority, and viability of Vermont’s agriculture. One of the most controversial issues debated on the floor was a gross receipts tax on Vermont Yankee included the energy bill. Senators were put under incredible pressure to vote in support of the new tax. When the matter finally came to a vote on the floor, it narrowly passed on a 15-14 vote with one Senator absent. Senator Kevin Mullin (R-Rutland) offered an amendment prior to third reading that would have removed the tax on Yankee and funded the new efficiency program with part of the unexpected $29 million windfall in state revenues. The amendment would have sent $2 million to the efficiency utility and directed the Public Service Board to review and recommend future sustainable funding sources. The amendment failed. It is questionable whether there are enough votes in the House to pass the tax on Vermont Yankee and ultimately may use the excess revenues to fund the new utility.

The House spent much of its time on motor vehicle/junior operators/primary seat belt enforcement, foster care support services and transparency of prescription drug pricing and information. For months both bodies have discussed the Constitutionality of the bill. Many lawmakers are concerned that the House Judiciary Committee, the committee that has jurisdiction over Constitutional matters, did not do a review of the bill. The House ultimately passed the bill on Friday.

FY 2008 Budget Bill (H. 537)

The six conferees for the Budget bill have been appointed. House members include: Martha Heath (D-Westford), Mark Larson (D-Burlington) and Robert Helm (R-Castleton). Senate members include: Susan Bartlett (D-Lamoille), Richard Sears (D-Bennington) and Diane Snelling (R-Chittenden). The conferees are going through the budget section-by-section. The Medicaid-portion is normally one of the last sections to be worked on.

Health Care Bills

H. 137/S.58 – An Act Relating to the Restoration of a Department of Mental Health and Commissioner of Mental Health

This bill restores the Department of Mental Health within the Vermont Department of Health, with its own Commissioner reporting directly to the Secretary of the Agency of Human Services. The House agreed with the Senate proposal of amendment and has been sent to the Governor for his action.

H. 148 – An Act Relating to the Child Abuse Registry

This bill proposes a number of measures related to child abuse reporting and the child abuse registry. After consideration, the House opted to not concur with the Senate proposal of amendment and a conference committee has been appointed.

H. 229 – An Act Relating to Corrections and Clarifications to the Health Care Affordability Act of 2006 and Related Legislation

The Senate passed H. 229. The Senate defined part time employees as employees who work for fewer than 30 hours a week and excludes employees with state-funded health insurance from the exemption. After consideration, the House opted to not concur with the Senate proposal of amendment. The conference committee includes: Senators Doug Racine, Ginny Lyons, Kevin Mullin and Representatives Lucy Leriche (D-Hardwick), Topper McFaun (R-Barre) and Steven Maier (D-Middlebury).

H. 294 – An Act Relating to Executive Branch Fees

The Senate passed H. 294. The Executive Branch Fees bill addresses monetary charges by an agency for a service or product provided to, or the regulation of, specified classes of individuals or entities. Fees are created and set by the legislature and not by rule. The fees reviewed are done on a three year cycle and this year’s bill had health-related items. The House did not concur with the Senate proposal of amendment and a conference committee was appointed. Conferees include: Senators Ann Cummings (D-Washington), Bill Carris (D-Rutland) and Hull Maynard (R-Rutland) and Representative Carolyn Branagan (R-Georgia), Jim Condon (D-Colchester), and William Asward (D-Burlington).

H. 368 – An Act Relating to the Regulation of Professions and Occupations (OPR)

Every year an OPR bill is introduced that addresses the regulation of licensed professions. The bill passed the Senate on Thursday. The House concurred with the Senate proposal of amendment and the bill has been sent to the Governor for his action.

H. 372 – An Act Relating to the Rendering of Nursing and Medical Services by Professional Corporations

The bill authorizes nurses and physicians to render services as a professional corporation. The House concurred with the Senate proposal of amendment and the bill has been sent to the Governor for his action.

H. 380 – An Act Relating to the Regulation of Health Care Facilities

Late last week the Senate passed H. 380, more commonly referred to the Certificate of Need bill. The House concurred with the Senate proposal of amendment and the bill has been sent to the Governor for his action.

H. 531: The Senate passed H. 531, An Act Relating to Ensuring Success in Health Care Reform this week. The House opted not to concur with the Senate proposal of amendment and a conference committee will be appointed. The House members include: Steve Maier (D-Middlebury), Topper McFaun (R-Barre Town) and Lucy Leriche (D-Hardwick).

S. 7 – An Act Relating to the Compassionate Use of Medical Marijuana

This bill increases the amount of marijuana and the number of marijuana plants that a patient in the program may possess and broadens the range of medical conditions which may qualify a patient for the program. The Senate did not to concur with the Senate proposal of amendment and a conference committee has been appointed and includes: Senators John Campbell (D-Windsor), Kevin Mullin (R-Rutland) and Richard Sears (D-Bennington). House members include: Anne Donahue (R-Northfield), Willem Jewett (D-Ripton), and William Frank (D-Underhill).

S. 115 – An Act Relating to Increasing Transparency of Prescription Drug Pricing and Information

This bill was debated on the floor of the House this week. The bill passed on an 89-44 vote. Provisions of the bill include: the Office of Vermont Health Access (OVHA) best practices and cost control programs; pharmaceutical marketer disclosures; price disclosure and certification; pharmacy benefit manager regulations; prescription drug cost containment; and consumer fraud provisions.

S. 124 – An Act Relating to Planning and Evaluating Options for Inpatient Psychiatric Hospital Services

This legislation provides for an independent evaluation by the general assembly of the options available to the state regarding the provision of inpatient psychiatric services now provided at the Vermont State Hospital. The legislation became law without the Governor’s signature.

S. 128 - An Act Relating to Eliminating Certain Sunsets on Forensic Examinations at Designated Hospitals.

The Senate agreed to concur with the House proposal of amendment and the bill has been sent to the Governor for his action.

S. 192 – An Act Relating to HIV Name-Based Reporting

The House Human Services passed the bill out of committee on an 8-3 vote. This bill requires health care providers to report HIV cases to the Vermont Department of Health using the patient’s name, rather than use of a unique identifier code. The House Human Services took testimony on Friday. Meg O’Donnell, Director of Government Relations for Fletcher Allen Health Care, stated that Fletcher Allen Health Care's Comprehensive Care Clinic, which serves individuals with AIDS and HIV, believe there is a real threat to the federal funding that pays for her patients' medications should the bill not pass. This funding pays for medications for patients who do not have insurance coverage or are otherwise unable to purchase them. O’Donnell also expressed concerned if the bill is not adopted until next year, the process for setting up the name-based reporting system would have to go through expedited rulemaking, since the funding cut-off is April 1, 2008. Passing the bill now would allow a much more thoughtful and inclusive process, which will allow everyone who is interested in this issue to participate and have their concerns addressed.