By Jason White

Peer Review Legislation would provide protection for Quality Improvement records from plaintiff attorneys.  Almost all health care providers have had this protection for many years.  In the past this type of legislation has been vigorously opposed by the Missouri Association of Trial Attorneys.  The effort is supported by MEMSA, MAA, MO ACEP, MO Fire Service Alliance, MDHSS & SAC.  The hearing will be held on Tuesday, February 19.

 

SB 915 by Senator Ridgeway and HB 1454 by Representative Roorda

Death Benefit Legislation

Death Benefit for EMS, Fire & Law Enforcement. The State Council of Firefighters is leading the effort, also supported by MEMSA, MAA & SAC.  This bill is the same as last year’s effort -- $100,000 death benefit and $10,000 burial contribution.

SB 1630 by Senator Bruns and SB 966 by Senator Dempsey

A new bill to enhance 911 calls made on cell phones would allow for a state-wide ballot creating a monthly tax on cell phones so that the 911 system can be adequately funded.  As you may recall a state-wide vote has occurred twice and failed both times.  We expect that this effort will not include the phone companies getting a cut of the tax money.  We expect that a percentage of the money will go to the local 911 agency and a % will go to a new state fund to help pay for the 911 system in rural Missouri where no reasonable tax will generate enough money to capitalize the project.  A state-wide ballot would be difficult but not impossible.

Unlike almost every other elected official in the United States there is no provision in law for recalling an ambulance district board member.  MEMSA and MAA have endorsed adding such a provision to Missouri’s ambulance district law.  We do not know of any other elected officials who cannot be recalled by the voters.  The bill closely follows the present law allowing for recall of board members of fire protection districts.  The proposed legislation is the same as that considered in 2002 (Also endorsed by MAA at that time).  The hearing was held this past week on SB 978, but no action has been reported.  This bill may possibly be a consent bill.

SB 978 by Senator Griesheimer -- Hearing occurred on Wednesday, January 30.

EMS has already testified at two hearings and met with some senior leadership on this issue.  Presently the physicians are seeking to get to a payment level from Medicaid which is 65% of Medicare while ground ambulance services only get 40% and air ambulance services only 26% of Medicare.  We have set the goal to get Medicaid payments pushed up to the same level as Medicare. It is expected to take several years to reach that goal.

Legislation has been submitted for the creation of a stroke and STEMI system just as we have a trauma center system.  The effort is led by DHSS and is supported by MEMSA, MAA and SAC.  Senator Shields is expected to file a similar bill in the Senate.  The hearing will be held on Tuesday, February 19 at noon.

HB 1790 by Representative Cooper

This effort is being led by DHSS with support from SAC, MAA & MEMSA.  One of the lessons learned in New Orleans after Hurricane Katrina is that lawyers will sue medical professionals based on the “standard of care” related to a normal world and not the world in crisis.  This bill would recognize that the standard of care is different during times of crisis and thus would allow health care professionals to function during a time of major disaster without fear of lawsuits when the world returns to normal.

HB 1609 by Representative Cooper

Public Access Defibrillation

AHA is leading this effort, also supported by MEMSA, MAA & SAC.  The bill is not yet filed but is expect to change the present law to allow for immunity for users of the AED even if not trained.