The 2017 Tennessee General Assembly is underway. Below are issues in which we are involved or are following. So far no issues which we were not expecting but bills are just now being filed. By the time of our annual meeting on Feb. 25 we should have a more complete idea of what we are facing.
CORPORATE PRACTICE OF MEDICINE — Despite some internal discussions within the TN Hospital Association’s membership, there is no indication that hospital-based physician group’s exclusion from being directly hired by hospitals will be challenged in legislation this session.
BALANCE BILLING — No new information. Last year, a task force to form a legislative solution to present this session was commanded. This was led by Rep. Ron Travis. There were a series of email questions to the members by Rep Travis with responses in late 2016 but a meeting date has not been set. We have a representative on the task force. We do not know where ( if at all) this is headed. However, in the early summer 2016 the Dept of Commerce and Insurance (D.O.C.I.) held a series of meetings (of which we participated) for the same purpose. The perceived outcome was a plan favoring a mediation process similar to that used in Texas to deal with individual cases of balance billing. In Texas this has not put an undue burden on physicians. The TMA anticipates the D.O.C.I. plan will entered as a bill but we do not know how their final version will read. No new legislation has been filed at this time. Story to be continued…
CERTIFICATE of GOOD FAITH — Medical liability law in TN requires an attorney filing medical malpractice action to present a Certificate of Good Faith which assures he or she has an expert witness relative to the nature of the case. The law does not require the expert’s name be presented to the defendant’s attorney in order to verify they are truly an expert relative to the complaint. For example a gynecologist could be used as the expert in a neurosurgery case to get the lawsuit started without the doctor’s attorney being able to discover this. We will be introducing a bill which would give improved access to the name of the expert for the defense of such cases and help assure that appropriate experts are relied upon.
INTERSTATE MEDICAL LICENSURE COMPACT — The TN Hospital Assoc. will probably introduce legislation to enter TN into a compact with other states which would give applicants for medical licensure in affiliated states a “fast track” to licensure in other affiliated states. It would NOT eliminate vetting by the licensing board but would eliminate having to re-do primary source document verification if already done in the state of primary licensure. Those applicants would be given priority but would still have to meet all requirements and approval for licensure in the state to which they are applying. This appears advantageous as a paperwork and time reducer without taking away each state’s ability to set its own rules for licensure.
MAINTENANCE of CERTIFICATION — The TMA is planning to introduce pre-emptive legislation that would preclude MOC as a requirement for licensure, hospital admission or staff privileges, or insurance network admission. It would also prevent insurance companies from paying a lower reimbursement to those without MOC. This generally looks good but may have some problems which need to be addressed.
PROVIDER STABILITY ACT — This is a continuance of previous legislation initiated by the TMA. It limits how often and when an insurance carrier can change the terms and fee schedule of your contracts with them. We will continue to support the TMA in this effort.
Look forward to seeing as many of you as possible at our upcoming meeting.
Jim Wolfe
TRS Legislative Comm.
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