This week, the Missouri Senate held a hearing on two bills that include COVID-19 liability protections — including Senate Bill 51 sponsored by Sen. Luetkemeyer and Senate Bill 42 sponsored by Sen. White. MHA participates in a coalition of organizations promoting expedited adoption of COVID-19 liability protections for health care providers. Dana Frese, Executive Vice President of Claims and General Counsel of Healthcare Services Group, testified on behalf of Missouri’s hospitals at the hearing.
Last year’s session was cut short due to the pandemic and ended without establishing protections for providers and other organizations. Gov. Parson added COVID-19 liability to the fall special session, but time ran short due to multiple competing issues, leading to the governor’s withdrawal of his call on the matter.
Liability reform is always a significant legislative challenge. Missouri’s trial attorneys are an astute and politically powerful opponent of efforts to pass any meaningful tort reform. The pandemic is unlikely to change their position. Moreover, some attorneys already are beginning to seek instances of potential harm to build cases.
In the pending legislation, medical liability protections are merged with other types of tort reform. This will bring the power of partners but also provide a larger target for opponents. Also, successful legislation would not provide protections for actions taken before the effective date. Nonetheless, the legislation is important.
The pandemic will continue throughout 2021, reverberating through our health system and economy even as we work toward widespread immunity. As a result, we are striving for supermajority approval to allow the enacted bill to take effect immediately upon the governor’s signature. We’re also supportive of a carve out from protections for conduct that was malicious or intentional.
Since March 2020, we have fought COVID-19 with every tool in our tool box. We’ve supported public health measures to prevent spread, and stopped medically necessary but deferrable procedures to conserve personal protective equipment and safeguard hospital capacity.
While hospitals have worked tirelessly to deliver lifesaving care at the bedside, scientists — moving very quickly — delivered various treatments to mitigate the harm of COVID-19. From convalescent plasma and remdesivir to warp speed vaccines, treatments and prophylactics were approved and acted as just-in-time interventions throughout the pandemic.
It’s impossible to argue that these efforts haven’t saved lives. It also is hard to imagine that — as we’ve used these tools to fight a novel virus and pull patients back from the brink — no harm was done. And, that’s the issue.
Last year, hospitals learned, adapted and mobilized to deliver care by mustering these best available tools to improve outcomes and save lives. The reward should not be lawsuits.
White House Pauses Eleventh-Hour Trump Administration Regulations
CMS Releases FAQ About Market-Based MS-DRG Relative Weights MLN Connects Provider eNews Available
GAO Report Examines Rural Hospital Closures
Drug Policy Alliance Offers Diversity In The Field Of Addiction Webinar
DHSS, DSS, CTF Update Safe Sleep Resources
Missouri State Board Of Nursing Releases 2020 Nursing Workforce Report
HRSA Announces Behavioral Health Workforce Education And Training Grant
APS Presents 340B Webinar Series
APS, CI Security Offer Cyber Security Training
The White House directed federal agencies to pause on advancing regulations and guidance recently put forth by the Trump administration, which are not yet in effect. Regulations still in process will require approval from the new administration to proceed. Completed regulations, whose effective dates are pending, will be subject to a 60-day delay of implementation for review and potential reopening of public comments. The policy will reassess a variety of regulations affecting health care.
The Centers for Medicare & Medicaid Services has released a series of frequently asked questions about the market-based Medicare Severity Diagnosis Related Group relative weight data collection policy. Within the federal fiscal year 2021 hospital inpatient prospective payment system final rule, CMS is requiring the collection of payment data that will be reported within the cost reports. The FAQs provide acceptable approaches to calculate and report the median payer-specific negotiated charges by MS-DRG.
The Centers for Medicare & Medicaid Services issues updates to MLN Connects Provider eNews. eNews includes information about national provider calls, meetings, events, announcements and other MLN educational product updates. The latest issue provides updates and summaries of the following.
give flu shots through January and beyond
Hospital IPPS: FAQs on Market-Based MS-DRG relative weights
Intensity-modulated radiation therapy: comparative billing report in January
The Drug Policy Alliance is hosting a webinar, “Building Outreach and Diversity in the Field of Addiction,” on Thursday, Feb. 18 at 3:30 p.m. CST. During this webinar, Ayana Jordan, M.D., Ph.D., an associate psychiatry residency program director and addiction psychiatrist at Yale University, will establish the immediate need for diversity, equity and inclusion in the field of addiction. Jordan will describe the current lack of racial and ethnic diversity in research and the existing medical workforce, and make the case that DEI infrastructure is necessary to improve patient outcomes. Registration is required.
The Missouri Department of Health and Senior Services, the Missouri Department of Social Services and the Children’s Trust Fund of Missouri, in promotion of the American Academy of Pediatrics’ recommendations to reduce the risk of sleep-related infant death, produced an updated DVD video and posters. The video is available at no charge, and can be accessed on the CTF website at https://ctf4kids.org/resources-videos/ or on YouTube-Missouri CTF. Additional “ABCs of Safe Sleep” DVDs are available. The video is best used by child advocates and medical providers as an educational tool and/or within an agency or hospital closed circuit network. It is not recommended for distribution to individual families or caregivers.
The 2020 Nursing Workforce Report provides essential insight into the current state of nursing and how nursing directly impacts the health care needs of Missourians. Identifying geographic shortages can assist nursing regulatory bodies, nursing education programs and employers with developing education models that can alleviate the shortage. “This is the most comprehensive report on the nursing workforce ever produced, capturing a little over 96% of workforce information on actively licensed nurses. Of highest concern is the high rate of nurses nearing retirement and low number of nurses employed in rural areas,” said Executive Director Lori Scheidt. “A one-size-fits-all approach is not appropriate to solve the regional shortages. As new education models are approved, these strategies must be evaluated for impact and long term changes.”
The BHWET Program for paraprofessionals will increase the number of peer support specialists and other behavioral health-related paraprofessionals in high need areas. Grantees will train students to work with children, adolescents and transitional-aged youth at risk for behavioral health disorders. The application deadline is Monday, April 12.
APS’ 340B partner, SUNRx, is hosting a webinar series exclusively for APS members. The next webinar, “A Post-Election Regulatory Update on 340B,” will take place Tuesday, Jan. 26 at 1 p.m. CST . Webinar topics will include the lawsuit over drug companies refusing 340B discounts, recent manufacturer actions and how this may impact your program. New guidance from the U.S. Department of Health and Human Services and actions to consider for the future also will be discussed. Online registration is available, and participants may include up to three staff members by completing a contact information form. For additional information, contact Dennis George.
APS and CI Security are offering two upcoming cyber security awareness trainings. Additional details, including registration, are available at the respective links.
