SB 138

Section 2 of the bill requires the commissioner of insurance (commissioner) to conduct a performance audit of all division of insurance (division) rules related to health care on or before January 1, 2029, and at least once every 5 years thereafter. Commencing January 2029, and every 5 years thereafter, the division shall report on the findings of the audit during its 'SMART Act' hearing. Section 3 repeals provisions that require health insurance carriers (carriers) to comply with federal price transparency laws and to make available an internet-based self-service tool that provides real-time responses to a covered person's questions concerning carrier prices that are based on cost-sharing information. Section 3 also repeals a requirement that carriers submit information required by federal pharmacy benefit and drug cost reporting laws to the commissioner and make certain information regarding price transparency publicly available. Section 4 repeals a requirement that health-care profession regulators adopt rules that require each licensed health-care provider, as a condition of renewing, reactivating, or reinstating a license, to complete up to 4 credit hours of training per licensing cycle in order to demonstrate competency regarding topics related to prescribing drugs and treatment. Section 5 changes the frequency that specific health-care facilities are required to apply for a license issued by the department of public health and environment from annually to every 2 years. Section 6 requires the department of health care policy and financing (state department) to conduct a performance audit of all state department rules related to health care on or before January 1, 2029, and at least once every 5 years thereafter. Commencing January 2029, and every 5 years thereafter, the state department shall report on the findings of the audit during its 'SMART Act' hearing. Under current law, a health-care facility is required to screen each uninsured patient for eligibility for public health insurance programs and discounted care (screening) utilizing a single uniform application developed by the state department. Sections 7 through 12 change these requirements in the following ways: Changing the method used to conduct the screening from a uniform application to use of a third-party resource, such as a major credit bureau, or use of a uniform screening questionnaire (questionnaire) developed by the state department; Allowing a health-care facility the option of screening a patient for eligibility for the health-care facility's financial assistance program; Requiring a health-care facility to provide specified notifications upon completion of the screening; Creating an application for discounted care (application) for use by a health-care facility upon completion of the screening through which additional information is requested from a patient to enable the health-care facility to determine whether the patient has qualified or is likely to qualify for public health-care coverage or discounted care; Requiring a health-care facility to provide specified notice and appeal rights to a patient upon completion and review of the application; and Requiring the state department to adopt rules regarding the questionnaire and application. Section 12 also narrows state department review requirements of health-care facilities' and licensed health-care professionals' billing for patients who are indigent. The bill prohibits the state department from making changes to regulatory documents or imposing new requirements unless the changes or new requirements are adopted by rule by specified dates and are subject to stakeholder engagement. Section 13 requires the state department to establish the content and format of the information each hospital must provide to the state department for a hospital transparency report by rule at least 30 days prior to the hospital's fiscal year. Current law requires that each hospital has a minimum of 15 days to review the hospital transparency report; the bill requires that a statewide hospital association must also have a minimum of 15 days to review the report. Sections 14 through 17 make conforming amendments. (Note: This summary applies to this bill as introduced.)