| Washington State Chiropractic Assocation | Weekly Report |
| Prepared by: Washington State Chiropractic Association | Thursday, February 3, 2005 |
| Bill Tracking Summary |
| High Priority Bills | Sponsor | Position | Status |
| 1071 | Concerning the uniform disciplinary act for health professions. | Campbell | Support | H, Health Care | |
| 1137 | Modifying the scope of care provided by physical therapists. | Morrell | Monitor | H, Health Care | |
| 1684 | Providing access to health insurance for small employers and their employees. | Bailey | Monitor | H, Health Care | |
| 1685 | Concerning health insurance policy mandates. | Bailey | Monitor | H, Health Care | |
| 5248 | Modifying the scope of care provided by physical therapists. | Kastama | Monitor | S, Hea/L-T Care | |
| 5255 | Exempting all dietary supplements from sales and use tax. | Oke | Support | S, Ways & Means | |
| 1088 | Imposing a tax on physician services to increase funding for the health services account. | McIntire | Oppose | H, Finance | |
| 1275 | Reducing the business and occupation taxation of medical services. | Orcutt | Support | H, Finance | |
| 5066 | Modifying the excise taxation of physical fitness services. | Benton | Support | S, Ways & Means | |
| 5159 | Developing a schedule of fees for performing independent reviews of health care disputes. | Keiser | Monitor | S, Hea/L-T Care | |
| 5185 | Establishing the legal presumption of reasonable value from the certification of health care records. | Franklin | Monitor | S, Hea/L-T Care | |
| 1140 | Developing a schedule of fees for performing independent reviews of health care disputes. | Bailey | Monitor | H, Health Care | |
| 5318 | Improving patient safety practices. | Thibaudeau | S, Hea/L-T Care | ||
| 5335 | Expanding local government insurance options. | Fairley | Monitor | S, Rules 2 | |
| Calendar Items |
| 2/4/2005 | 1071 | Health disciplinary act | Health Care | TVW | 1:30 PM | HHR A |
| 2/8/2005 | 1137 | Physical therapy | Health Care | 1:30 PM | HHR A |
| 2/10/2005 | 5318 | Patient safety practices | Health & Long-Term Care | 3:30 PM | SHR 4 |
| 2/11/2005 | 1071 | Health disciplinary act | Health Care | TVW | 1:30 PM | HHR A |
| Bill Tracking Details |
| 1071 | Health disciplinary act | Campbell |
| Representatives Campbell and Morrell |
Requires the secretary of health to establish a work group to review the complaint processing and sanction determination phases of the health professions disciplinary process. At the secretary of health's discretion, the work group may include representatives of different health profession boards and commissions, professional associations, and other interested parties. The work group shall submit a report to the legislature by December 1, 2005, with recommendations for creating: (1) Greater efficiencies between the health professions boards and commissions and the secretary of health in processing complaints against license holders; and (2) More consistent sanction determinations that balance the protection of the public's health and the rights of health care providers among the different health professions, including recommendations for specific ranges of sanctions for each act of unprofessional conduct and the effect of any aggravating and mitigating factors that may apply to each. Requires the disciplining authority to revoke the license of a license holder who is found to have committed three acts of unprofessional conduct from the designated list in any combination within a ten-year period. Declares that nothing in this act limits the authority of the disciplining authority to revoke a license or take other disciplinary action when the license holder has committed only one or two acts of unprofessional conduct instead of three. | ||
| Comments | ||
| WSCA supports this bill as originally written. | ||
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/House%20Bills/1071.pdf | |
| 1088 | Tax on physician services | McIntire |
| Representatives McIntire and Sommers | Requested
by Governor Locke |
Provides that, in addition to any other tax, a tax is imposed on persons engaging within this state in the business activity of providing physician services. Declares that the tax is equal to the gross income multiplied by the rate of one percent. Does not apply to services provided by a: (1) Hospital as defined in RCW 70.41.020; (2) Health maintenance organization as defined in RCW 48.46.020; or (3) Person in respect to his or her employment in the capacity of an employee or servant as distinguished from that of an independent contractor. | ||
| Comments | ||
| It is unsure if the proposed tax would apply to chiropractic services, or chiropractors. If so, then WSCA would lobby to have chiropractic services included in Medicaid benefits. | ||
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/House%20Bills/1088.pdf | |
| 1137 | Physical therapy | Morrell |
| Representatives Morrell, Orcutt, Cody, McDonald, Green, Campbell, Clibborn, Schindler, Kagi, Woods, Hunt, Miloscia, Linville, Lantz, Moeller, Williams, Wallace and Kenney |
Declares that it is the purpose of this act to protect the public health, safety, and welfare, and to provide for state administrative control, supervision, licensure, and regulation of the practice of physical therapy. Declares an intent that only individuals who meet and maintain prescribed standards of competence and conduct be allowed to engage in the practice of physical therapy as defined and authorized by chapter 18.74 RCW. Declares that physical therapists are responsible for patient care given by assistive personnel under their supervision. A physical therapist may delegate to assistive personnel and supervise selected acts, tasks, or procedures that fall within the scope of physical therapy practice but do not exceed the education or training of the assistive personnel. Declares that nothing in this act may be construed to prohibit other licensed health care providers from using the services of physical therapist assistants, physical therapist aides, or other assistive personnel as long as the licensed health care provider is responsible for the activities of such assistants, aides, and other personnel and provides appropriate supervision. | ||
| Comments | ||
| Since the PT scope of practice bill does not include the adjustment of the spine, WSCA is remaining neutral on this bill. | ||
| Companion Bill: | 5248 Physical therapy | S, Hea/L-T Care |
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/House%20Bills/1137.pdf | |
| 1140 | Health care dispute reviews | Bailey |
| Representatives Bailey, Cody and Wallace |
Provides that, no later than January 1, 2006, the department of health shall develop a reasonable maximum fee schedule that independent review organizations shall use to assess carriers for conducting reviews authorized under RCW 48.43.535. | ||
| Comments | ||
| Companion to 5159 | ||
| Companion Bill: | 5159 Health care disputes | S, Hea/L-T Care |
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/House%20Bills/1140.pdf | |
| 1275 | Medical services | Orcutt |
| Representatives Orcutt, Ahern, Dunn, Haler, Kristiansen, Roach, Strow, Campbell, Kretz, Holmquist, Newhouse and Hinkle |
Provides that upon every person engaging within this state in the business of providing medical services; as to such persons, the amount of tax is equal to the gross income of the business multiplied by the rate of 0.138 percent. | ||
| Comments | ||
| Provides that upon every person engaging within this state in the business of providing medical services; as to such persons, the amount of tax is equal to the gross income of the business multiplied by the rate of 0.138 percent. This bill would reduce the B&O taxes for health care providers. | ||
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/House%20Bills/1275.pdf | |
| 1684 | Hlth ins for small employers | Bailey |
| Representatives Bailey, Curtis, Hinkle, Skinner, Armstrong, Condotta, Shabro, Talcott, Kristiansen, Strow, Serben, Roach, Schindler, McDonald and Rodne |
Provides access to health insurance for small employers and their employees. | ||
| Comments | ||
| Provides access to health insurance for small employers and their employees. | ||
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/House%20Bills/1684.pdf | |
| 1685 | Health ins policy mandates | Bailey |
| Representatives Bailey, Curtis, Skinner, Orcutt, Armstrong, Shabro, Strow, Serben, Roach, Rodne, Schindler and Condotta |
Provides that, after the effective date of this act, no health carrier may deliver, issue, or renew a health insurance policy that includes any additional coverage mandates, beyond those mandates in effect on the effective date of this act. | ||
| Comments | ||
| Provides that, after the effective date of this act, no health carrier may deliver, issue, or renew a health insurance policy that includes any additional coverage mandates, beyond those mandates in effect on the effective date of this act. | ||
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/House%20Bills/1685.pdf | |
| 5066 | Physical fitness services tx | Benton |
| Senator Benton |
Recognizes that better health outcomes improve not only citizens' well-being but also lessen the fiscal burden on the state. Recognizes that lowering the cost of joining fitness clubs and organizations will provide an incentive for individuals to partake in beneficial physical exercise. | ||
| Comments | ||
| Chiropractors support wellness activities. | ||
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Senate%20Bills/5066.pdf | |
| 5159 | Health care disputes | Keiser |
| Senator Keiser |
Requires that, no later than January 1, 2006, the department shall develop a reasonable maximum fee schedule that independent review organizations shall use to assess carriers for conducting reviews authorized under RCW 48.43.535. | ||
| Comments | ||
| Requires that, no later than January 1, 2006, the department shall develop a reasonable maximum fee schedule that independent review organizations shall use to assess carriers for conducting reviews authorized under RCW 48.43.535. | ||
| Companion Bill: | 1140 Health care dispute reviews | H, Health Care |
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Senate%20Bills/5159.pdf | |
| 5185 | Medical records | Franklin |
| Senators Franklin and Kline |
Provides that, in a court of law, in an action to recover damages for personal injury, the amount stated in a health care provider's billing statement certified under this act for treatment provided to a patient is presumed to be the usual and customary value of health care treatment, and the statement is admissible in evidence to establish that the charges are usual and customary charges in the community. Provides that the presumption that the charges are usual and customary may be rebutted by a preponderance of the evidence. The presumption does not shift the burden of proof that the health care treatment was for health conditions proximately caused by another's fault. | ||
| Comments | ||
| Provides that, in a court of law, in
an action to recover damages for personal injury, the amount stated in a
health care provider's billing statement certified under this act for
treatment provided to a patient is presumed to be the usual and customary
value of health care treatment, and the statement is admissible in
evidence to establish that the charges are usual and customary charges in
the community. Provides that the presumption that the charges are usual and customary may be rebutted by a preponderance of the evidence. The presumption does not shift the burden of proof that the health care treatment was for health conditions proximately caused by another's fault. | ||
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Senate%20Bills/5185.pdf | |
| 5248 | Physical therapy | Kastama |
| Senators Kastama, Keiser, Rockefeller, Brandland and Thibaudeau |
Declares that it is the purpose of this act to protect the public health, safety, and welfare, and to provide for state administrative control, supervision, licensure, and regulation of the practice of physical therapy. Declares an intent that only individuals who meet and maintain prescribed standards of competence and conduct be allowed to engage in the practice of physical therapy as defined and authorized by chapter 18.74 RCW. Declares that physical therapists are responsible for patient care given by assistive personnel under their supervision. A physical therapist may delegate to assistive personnel and supervise selected acts, tasks, or procedures that fall within the scope of physical therapy practice but do not exceed the education or training of the assistive personnel. Declares that nothing in this act may be construed to prohibit other licensed health care providers from using the services of physical therapist assistants, physical therapist aides, or other assistive personnel as long as the licensed health care provider is responsible for the activities of such assistants, aides, and other personnel and provides appropriate supervision. | ||
| Comments | ||
| This is a companion bill to the House bill. | ||
| Companion Bill: | 1137 Physical therapy | H, Health Care |
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Senate%20Bills/5248.pdf | |
| 5255 | Dietary supplements | Oke |
| Senators Oke and Franklin |
Exempts all dietary supplements from sales and use tax. Repeals RCW 82.08.925 and 82.12.925. | ||
| Comments | ||
| Dietary supplements are currently taxable to chiropractic offices. This bill would remove all taxes for dietary supplements referred by all providers. WSCA supports this bill. | ||
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Senate%20Bills/5255.pdf | |
| 5318 | Patient safety practices | Thibaudeau |
| Senators Thibaudeau, Keiser, Kline, Franklin, Poulsen, McAuliffe and Kohl-Welles |
Declares that implementation of proven patient safety strategies can reduce medical errors, and thereby potentially reduce the need for disciplinary actions against licensed health care professionals and facilities, and the frequency and severity of medical malpractice claims. Declares that health care providers, health care facilities, and health carriers can and should be supported in their efforts to improve patient safety and reduce medical errors by encouraging health care facilities and providers to communicate openly with patients regarding medical errors that have occurred and steps that can be taken to prevent errors from occurring in the future, encouraging health care facilities and providers to work cooperatively in their patient safety efforts, and increasing funding available to implement proven patient safety strategies. Declares an intent to positively influence the safety and quality of care provided in Washington state's health care system. Requires the secretary to increase the licensing fee established under RCW 43.70.110 by two dollars for the health care professionals designated in this act and by two dollars per licensed bed for the health care facilities designated in this act. Requires proceeds of the patient safety fee to be deposited into the patient safety account in this act and dedicated to patient safety and medical error reduction efforts that have been proven to improve, or have a substantial likelihood of improving the quality of care provided by health care professionals and facilities. Provides that one percent of any attorney contingency fee as contracted with a prevailing plaintiff in any action for damages based upon injuries resulting from health care shall be deducted from the contingency fee as a patient safety set aside. Requires a patient safety set aside to be transmitted to the secretary of the department of health by the person or entity paying the claim, settlement, or verdict for deposit into the patient safety account established in this act. Provides that patient safety fee and set aside proceeds shall be administered by the department, after seeking input from health care providers engaged in direct patient care activities, health care facilities, health care provider organizations, and other interested parties. Provides that, by December 1, 2008, the department shall report the following information to the governor and the health policy and fiscal committees of the legislature: (1) The amount of patient safety fees and set asides deposited to date in the patient safety account; (2) The criteria for distribution of grants, loans, or other appropriate arrangements under this act; and (3) A description of the medical error reduction and patient safety grants and loans distributed to date, including the stated performance measures, activities, timelines, and detailed information regarding outcomes for each project. | ||
| Comments | ||
| Declares that implementation of proven
patient safety strategies can reduce medical errors, and thereby
potentially reduce the need for disciplinary actions against licensed
health care professionals and facilities, and the frequency and severity
of medical malpractice claims. Declares that health care providers, health care facilities, and health carriers can and should be supported in their efforts to improve patient safety and reduce medical errors by encouraging health care facilities and providers to communicate openly with patients regarding medical errors that have occurred and steps that can be taken to prevent errors from occurring in the future, encouraging health care facilities and providers to work cooperatively in their patient safety efforts, and increasing funding available to implement proven patient safety strategies. Declares an intent to positively influence the safety and quality of care provided in Washington state's health care system. Requires the secretary to increase the licensing fee established under RCW 43.70.110 by two dollars for the health care professionals designated in this act and by two dollars per licensed bed for the health care facilities designated in this act. Requires proceeds of the patient safety fee to be deposited into the patient safety account in this act and dedicated to patient safety and medical error reduction efforts that have been proven to improve, or have a substantial likelihood of improving the quality of care provided by health care professionals and facilities. Provides that one percent of any attorney contingency fee as contracted with a prevailing plaintiff in any action for damages based upon injuries resulting from health care shall be deducted from the contingency fee as a patient safety set aside. Requires a patient safety set aside to be transmitted to the secretary of the department of health by the person or entity paying the claim, settlement, or verdict for deposit into the patient safety account established in this act. Provides that patient safety fee and set aside proceeds shall be administered by the department, after seeking input from health care providers engaged in direct patient care activities, health care facilities, health care provider organizations, and other interested parties. Provides that, by December 1, 2008, the department shall report the following information to the governor and the health policy and fiscal committees of the legislature: (1) The amount of patient safety fees and set asides deposited to date in the patient safety account; (2) The criteria for distribution of grants, loans, or other appropriate arrangements under this act; and (3) A description of the medical error reduction and patient safety grants and loans distributed to date, including the stated performance measures, activities, timelines, and detailed information regarding outcomes for each project. | ||
| Companion Bill: | 1291 Patient safety practices | H, Health Care |
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Senate%20Bills/5318.pdf | |
| 5335 | Local government insurance | Fairley |
| Senators Fairley and Delvin |
Expands local government insurance options. | ||
| Comments | ||
| Expands local government insurance options. | ||
| Companion Bill: | 1356 Local government insurance | H, Housing |
| Full Text URL: | http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Senate%20Bills/5335.pdf | |