As lawmakers look to adjourn session by mid-April, the breakneck pace to conclude legislative business means hundreds of bills are jammed onto committee calendars and often reset each week until they can be taken up. In the case of TMA’s two remaining priority bills, this is precisely what happened this week.

Despite having been on notice for some time, insurer clawbacks (SB2328/HB2076) and the hybrid team-based care bills (SB2136/HB2318) have made little in the way of progress due to the committees running out of time. The scope bill has been reset on both the Senate and House health committees calendars next week, while the insurance bill will be taken up in the Senate Commerce & Labor Committee which did not meet this week. However, the proposal did successfully clear its first hurdle on Tuesday, passing out of the House Insurance Subcommittee unanimously.

Additionally, TMA’s physician wellness bill, otherwise known as the Tennessee Wellness Law (SB734/HB628), has finally passed the full House Health Committee after being stalled one week to add a friendly amendment. The amendment simply states that physicians experiencing burnout are encouraged to seek help through the Tennessee Medical Foundation or other private counseling services. The inclusion of the new language will necessitate that the Senate companion bill be substituted and conformed in order for the bills to be identical. While the legislation is ready for a full floor vote in the upper chamber, it has one more stop in the lower chamber before making its way to the floor. It is set to be considered by the House Government Operations Committee next Monday, March 25 at 1:30 pm CT for purposes of authorizing the Tennessee Department of Health to promulgate rules.

MENTAL HEALTH PARITY

 A mental health parity bill re-emerging from last year’s special session is on its way to finance after passing both the House and Senate committees.

As filed, SB2801/HB2921 by Sen. Becky Massey (R-Knoxville) and Speaker Cameron Sexton (R-Crossville) would require TennCare MCOs to cover and reimburse for mental health services and treatment to the same level as treatment for substance use disorder and alcohol dependence. In application, this means the deductibles, co-pays, and out-of-pocket minimums for these services would be lower than current market rate, ostensibly benefitting both patients and mental health practitioners.

The measure was originally proposed and supported by TMA during last August’s special session on public safety, and despite being passed on the House floor, died in the Senate Commerce & Labor Committee without being considered. Its revival signifies the legislature’s commitment to expanding accessibility to behavioral health resources given the state’s woefully low capacity and infrastructure.

Although the bill’s fiscal impact has been deemed “not significant,” it has been referred to both the Senate and House finance committees where it will await either a positive or negative recommendation. Given the sponsors, the legislation has a good chance of passing.

HEALTHCARE PROVIDER ADVERTISING

 On Tuesday, lawmakers approved a bill aimed at preventing certain healthcare practitioners from using titles typically reserved for physicians.

Dubbed the Healthcare Provider Advertising Law, SB1720/HB2451 by Sen. Joey Hensley, MD (R-Hohenwald) and Rep. Tom Leatherwood (R-Arlington) prohibits any printed, electronic, or oral advertisements intended to encourage a person to use professional healthcare services from containing deceptive or misleading information about the practitioner’s profession or license. This includes the usage of physician titles, such as MD and DO, and over 30 specialty designations which may incorrectly lead a layperson to believe the practitioner is engaged in the practice of medicine. As amended, the proposal would effectively codify rules already established through the Board of Medical Examiners while imposing new disciplinary sanctions for healthcare providers found to be in violation of the law.

The measure was brought to legislators by the Tennessee Dermatology Society who have for years struggled with APRNs and PAs utilizing the dermatologist title in their practice name and advertisements—to the confusion of patients and frustration of physicians. If passed, the bill would go into effect immediately and prohibit such communications from being disseminated after Dec. 31, 2024.

Having passed both the Senate Health & Welfare Committee and House Health Subcommittee unanimously, the bill now moves to its final hurdle where it is set to be considered by the full Health Committee next Wednesday, March 27 at 3:30 pm CT.