KPD Headlines, August 2009 

Summary of Oregon Health Care Legislative Updates

By: Michele McCall, Employee Benefits 

With the heightened attention on national healthcare and all of the press that it is generating it is time to step back and take a look at what has been going on in Oregon.  Oregon has long been a front runner in progressive health insurance legislation.  This year has been no exception.  The Oregon legislature has completed a very busy session with approval of several health care related bills.  The first two pieces of legislation House Bill 2116 and House Bill 2009 set the stage for future health care reform. 

 

Recent Health Care Reform Legislation

House Bill 2009 - Oregon Health Authority

This comprehensive health care reform bill creates an Oregon Health Authority (OHA) which is responsible for consolidating the duties of various government agencies as well as organizing state health policy and health services.  The OHA is responsible for implementing health reform policies and programs to make health care accessible and affordable for all Oregonians.  The bill also establishes a nine member Health Care Policy Board appointed by the Governor.  The board will serve as the policy making and oversight body for the OHA.  The board has been charged with a number of duties which include: develop a premium assistance program to provide universal health care coverage for all Oregonians, establish statewide quality and cost containment standards, develop a plan for an Oregon Health Insurance Exchange and create a baseline benefit plan offered through the exchange.  In addition, there are several new requirements for insurers dealing with the rate filing process and new data reporting requirements.

 

The bill that will have the most immediate impact on employers is House Bill 2116 which will add a one percent tax to health insurance premium effective October 1, 2009.

 

House Bill 2116 – Provider Tax  

The tax is intended to address health care access for the uninsured.  The bill creates a tax on medical insurance premiums for four years as partial funding for increased access to health care.  It will extend coverage to 80,000 uninsured Oregon children and an additional 35,000 uninsured low-income adults.  The funds will be used to expand existing programs such as the Oregon Health Plan (OHP) and Children’s Health Insurance Program (CHIP).

The one percent premium tax will be included in medical plan rates beginning October 1, 2009.  Most carriers will be adding this 1% charge to the rates that they quote for new groups and renewals written for October 1st or later effective dates.  Groups with coverage in place will see a charge on their October invoices which will continue until their renewal.  A hospital tax is also included in the bill.  The hospital tax will be offset by an increase in hospital Medicaid payments from the federal government.

 

A couple of other key pieces of legislation that were passed during the recent session include;

 

Senate Bill 679 –Healthy Lifestyle Dividends

Authorizes insurers to pay cash rewards to members who enroll in approved programs to promote healthy behaviors.

 

Senate Bill 892 – Community Based Health Care Initiative

Improves access to health care for those without insurance by establishing a limited number of community based health care programs that are exempt from the Insurance Code.  This bill will help set up infrastructure that will put the State in a position to receive proposed federal funding.  The bill declares an emergency and became effective June 23, 2009.

 

 

Mandated Benefit Changes

In addition to the widespread health care reform called for in HB 2116 and HB 2009 the state legislators passed the following mandated benefit changes.  This legislation applies to policies or plans issued or renewed after January 1, 2010.  For groups with existing coverage the changes will be effective at the plan renewal. 

 

House Bill 2506 - Professional Counselors and Marriage and Family Therapists

Requires group health benefit plans providing coverage for services performed by clinical social workers or nurse practitioners to also cover services provided by professional counselors or marriage and family therapists when the counselor or therapist is acting within their lawful scope of practice.

 

House Bill 2589 – Child Hearing Aids

Requires health benefit plans to provide coverage for one hearing aid per hearing impaired ear for children under 18 years of age or dependent student children.  Hearing aids must be necessary for the treatment of hearing loss.  The bill allows insurers to limit the benefits to $4,000 every 48 months.

 

House Bill 2794 – HPV Vaccine

All health plans regulated by the state are required to cover the human papilloma virus vaccine (HPV) vaccine for female beneficiaries who are at least 11 years of age, but no older than 26 years.   Many insurance carriers already cover this vaccine. 

 

Senate Bill 9 – Inborn Metabolic Errors

This bill extends the current legislation to cover the treatment of inborn errors of metabolism in certain situations to health services and contractors and multiple employer welfare agreements.  Currently the bill is applicable to individual and group health insurance providers.

 

Senate Bill 24 – Telemedicine Benefits

This bill requires health benefit plans to cover medically necessary telemedicine (via video conference), provided that the health service would be covered when provided in person. 

 

Senate Bill 316 – Clinical Trials

Requires health plans to cover the routine costs of care for patients who are enrolled in a qualified clinical trial.  The bill defines a qualifying clinical trial and notes that insurers providing the required coverage are not, based on that coverage, liable for any adverse effects of the trial. 

 

Senate Bill 381 – Traumatic Brain Injury

Requires health plans to provide coverage of medically necessary therapy and services for the treatment of traumatic brain injuries.

 

Senate Bill 734 – Tobacco Use Cessation Programs

Requires health plans to cover quit-smoking and other tobacco use cessation programs.  The health plan must provide payment or reimbursement of at least $500 for tobacco cessation programs for plan enrollees 15 years or older.

 

 

Oregon Cost Transparency Legislation

A law passed by the Oregon Legislature in 2007 (House Bill 2213) required insurance companies to provide their members with out of pocket cost estimates for common medical procedures through an interactive web site and toll free number no later than July 1, 2009.  This deadline has now been reached and many Oregonians can now visit their health insurance company web site to find out in advance what they will need to pay for their next office visit, diagnostic test or other common procedure.  Insurers must provide estimates for the five most common procedures in each of these categories: office visits, radiology, lab, uncomplicated birth, immunizations, orthopedics, and digestive system endoscopy.

 

In addition to new tools available on health insurance company websites the Department of Consumer Business Services works with the Office for Oregon Health Policy (OHPR) to provide the following tools to improve health care cost transparency.

·      OHPR hospital cost comparison

http://www.oregon.gov/OHPPR/RSCH/comparehospitalcosts.shtml

 

·      OHPR hospital quality reports

http://www.oregon.gov/OHPPR/HQ/

 

 

Additional information on recent insurance laws and regulations is available on the Oregon Insurance Division website http://www.cbs.state.or.us/external/ins/orleg.html