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MN LEGISLATIVE REPORT #8
APRIL 14, 2003
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HOUSE INFO: 651-296-2146
SENATE INFO: 651-296-0504
GOVERNOR: 1-800-657-3717
* HOUSE HHS FINANCE CHAIR ATTEMPTS TO DISCREDIT CCHC PUBLICLY
* GOVERNOR'S HHS BILL ADVANCES GOVERNMENT HEALTH CARE
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HHS Finance Chair Attempts to Discredit CCHC
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After CCHC's president, Twila Brase, testified today on various
concerns in the Health and Human Services Omnibus bill, chair
Rep. Fran Bradley (R-Rochester) who is the author of the bill,
- and the author of many of the little bills that got rolled into
the Omnibus HHS bill - took the opportunity to question the validity
of CCHC as an organization.
Noting that Ms. Brase says "we" and "our" in testimony, he
reiterated his request of several weeks ago that CCHC produce a
list of its supporters for the committee. He said that CCHC
may consist only of Ms. Brase and no one else.
Ms. Brase responded by saying that CCHC consists of many individual
supporters, that even the IRS does not require such a list, and that
members of the committee would not likely appreciate it if the
organizations that they support would give the legislature
a list with their names on it.
To Ms. Brase's knowledge, such a public request has never been made
before of any organization, and certainly not of CCHC, which has been
in existence for eight years.
No legislator on the committee chose to take a public stand
on the inappropriateness of Rep. Bradley's request. However, the
U.S. Constitution still protects the right of citizens to assemble
together without government registration.
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Governor's HHS Bill Advances Government Health Care
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House File 437
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Divided into THREE SECTIONS (medication access, government control,
and patient/citizen privacy), here are the LIST OF CCHC CONCERNS
with the 621-page Republican (Governor's) HHS Omnibus bill which
Ms. Brase highlighted in today's testimony - plus the names of the
authors of the original smaller piece of legislation which has now
been rolled into the big omnibus bill.
Please note that the House HHS Finance committee will consider
amendments tomorrow morning (Tuesday) and vote on the bill by
Wednesday morning before legislators leave for the Easter holiday.
(COMMITTEE CONTACT INFORMATION FOUND BELOW). The bill will likely
be heard on the floor of the House the week of April 21.
KEEP IN MIND - Whatever the legislature sets up for the public
sector (Medicaid) usually evolves into the private sector (your
private health insurance policy, and physician/patient relationship).
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MEDICATION ACCESS
* DRUG SAMPLES JEOPARDIZED: Requires pharmaceutical companies to
report to the government the value of every drug sample
distributed to doctor's offices, and the wages and salaries of
pharmaceutical employees. CONCERN - will jeopardize the drug sample
programs that many citizens without drug coverage depend on for
access to medication. And will this mean that the wages of all 3M
employees in the pharmaceutical division will be reported to the
state? asked a pharmaceutical lobbyist. (Author: Rep. Bradley)
* MEDICATION ACCESS JEOPARDIZED: A new program, based on one that
has been challenged on constitutional grounds in Maine, will
require drug companies to subsidize the sale of prescriptions to a
population that makes too much money to be eligible for Medicaid.
CONCERN - will increase cost of medication in Minnesota, decrease
access to medications in Minnesota, and violate patient privacy
(pharmacies must provide Health Department with "any information"
that the department wishes to have). (Author: Rep. Bradley)
* DEADLY MEDICINE? PHARMACISTS TO PRESCRIBE DRUGS: For those in the
Medicaid program, pharmacists will be authorized to prescribe a list
of drugs,including insulin and "any other drug" the commissioner
authorizes. Also, allows commissioner to set standards for prescribing
pharmacists. CONCERN - takes health care out of the doctor's office,
authorizes prescriptions without the consent of the treating physician,
enables uncoordinated care which could increase health care costs,
gives pharmacies incentive to sell medication, sets the state up as a
medical authority, and may endanger the health of patients. The MN
Medical Association expressed concerns in earlier hearing. (Author:
Rep. Bradley)
* GOVERNMENT INTERFERES IN MEDICAL TREATMENT: For Medicaid pharmacists
will not be allowed to provide a brand name drug to patient, even if a
doctor specifically prescribes it, without prior authorization by state
government officials. The commissioner may also require that doctors try
less expensive medications before more expensive ones are allowed.
Moreover, patients will not be allowed to take more than 4 brand
names medications
at one time. CONCERN - The state will be authorized to ration care, and
to practice medicine without a license. (Author: Rep. Bradley)
ADVANCING GOVERNMENT CONTROL
* PUBLIC HEALTH TO MONITOR HEALTH STATUS OF ALL MINNESOTANS: Requires
local public health agencies to "collect and disseminate statewide
data on the health status of mothers and children," "monitor health
status to identify community health problems," and "evaluate
effectiveness, accessibility, and quality of personal and population-
based health services." The mechanism to do so is unclear. It allows
the Commissioner of Health to assume responsibility for carrying out
programs to meet new statewide outcomes. CONCERN - sets government up
as responsible for the health care of everyone, and facilitates state
intrusion in the private lives of citizens. (Author: Rep. Bradley)
* STATE HEALTH CARE MONITORING SYSTEM ESTABLISHED: The bill sets up a state
Quality Assurance Commission, opening the door for state monitoring of the
entire health care system. Rep. Bradley, who opposed repeal of state
collection of medical record data, earlier cited his concern that repealing
the law would prevent state access to health care quality data. This appears
to be part of the access he wants. CONCERN - state officials will
become the overseer, judge and jury of all health care services
provided in Minnesota. (Author: Rep. Bradley)
* ADVERSE EVENT REPORTING SETS UP STATE DATA COLLECTION SYSTEM: Requires
hospital reporting of imprecise medical events. CONCERN - Provides the
health department with more ammunition to interfere in health care in the
future. Sets up a reporting system that can be expanded into the future.
Fulfills a federal agenda to create a national reporting system. CCHC did
get two amendments attached: 1) forbidding patient and practitioner -
identifiable data from being transmitted, and 2) not allowing the health
department to promote certain medical practices as better than others.
(Author: Rep. Lynda Boudreau (R-Faribault))
PATIENT/CITIZEN PRIVACY VIOLATIONS
* NEWBORN GENETIC TESTING: Expands testing and provides an opt-out only if
parent knows about it. No requirement to tell parents about the
opt-out. No restraint on the use of the baby's DNA far into their
adult future. No
opportunity to stay off the state's registry of babies. CONCERN - Citizen's
DNA becomes public property, and state is authorized to expand
medical testing without specific consent. (Author: Rep. Bradley)
* COLLECTION OF SOCIAL SECURITY NUMBER: Requires counties to collect
the SSN on applications for child care services. And although it doesn't
allow the county to deny services for failure to provide it, the county
isn't required to let people know they have a right NOT to provide it.
CONCERN - state requires what federal law prohibits, and such
collection facilitates crime - identity theft.
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GOVERNOR: 612-296-3391, 1-800-657-3717
HOUSE HEALTH AND HUMAN SERVICES FINANCE COMMITTEE
Chair: Fran Bradley (R) 651-296-9249 rep.fran.bradley@house.mn
Vice: Tim Wilkin (R) 651-296-3533 rep.tim.wilkin@house.mn
Jim Abeler (R) 651-296-1729 rep.jim.abeler@house.mn
Lynda Boudreau (R) 651-296-8237 rep.lynda.boudreau@house.mn
Brad Finstad (R) 651-296-9303 rep.brad.finstad@house.mn
Bud Nornes (R) 651-296-4946 rep.bud.nornes@house.mn
Char Samuelson (R) 651-296-0141 rep.char.samuelson@house.mn
Thomas Huntley (DFL) 651-296-2228 rep.thomas.huntley@house.mn
Joe Opatz (DFL) 651-296-6612 rep.joe.opatz@house.mn
Mary Ellen Otremba (DFL) 651-296-3201 rep.maryellen.otremba@house.mn
Cy Thao (DFL) 651-296-5158 rep.cy.thao@house.mn
Committee Administrator: Heidi Holste, 651-296-2080
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A free-market resource for designing the future of health care
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Citizens' Council on Health Care
1954 University Ave.W., Suite 8
St. Paul, MN 55104
651-646-8935 phone
651-646-0100 fax
http://www.cchconline.org
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LEGAL ADVICE. THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND
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