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Healthcare Decisions Bill Approved by Medical Affairs Committee
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H.3602, a bill to add a close friend provision to the end of the priority ranking of who can make healthcare decisions for incapacitated individuals, was approved a subcommittee on Wednesday and the full Medical Affairs committee Thursday. The legislation is supported by healthcare attorneys, hospitals, and physicians.
Speaking in the subcommittee against the bill was a disabilities advocate, who was concerned that individuals may lie about having a relationship with a patient in order to make healthcare decisions for someone. In response, Amy Flanary-Smith, a healthcare attorney, noted that there is no identity check for family members who are currently listed in the priority ranking. Ms. Smith added that many other states currently use a close friend provision in their Adult Health Care Consent Acts to allow decisions to be made in an efficient manner, improving quality of care for the patient. She also reminded the committee that this provision would only apply to individuals who had no available family members to make the decisions, as the priority ranking is to be followed in order and this would be at the end of the list.
Approval of this legislation will reduce the number of cases which need to be referred to probate court for guardian appointment. SCHA supports the legislation and is happy to see it moving toward passage this year. |
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JUA Legislation Moves Forward Amid Continued Stakeholder Disagreement
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A bill to address the accumulated deficit of the Joint Underwriters Association (JUA) was amended and approved by the Senate Banking and Insurance Committee Wednesday, but discussions continue between stakeholders working to find a consensus. Representatives of the medical association, hospital association, nursing association, dental association, medical malpractice insurance carriers, and others have been working on changes to the legislation for several weeks but have not yet found a solution on which all parties can agree. The version of the bill passed by the committee reflects some earlier versions of negotiations but is expected to be amended again on the Senate floor.
The bill approved by the committee would turn the JUA to a market of last resort; allow property and casualty carriers to exit the association by buying themselves out to avoid future assessments; and add a surcharge between four and ten percent as determined by the JUA board to all hospital, medical, or healthcare liability policies and surplus lines. The bill is out of committee and will be on the Senate calendar soon but is expected to continue to be contentious. |
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In Other News
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- Medical Marijuana: The full Medical Affairs committee spent nearly an hour Thursday morning debating S.366, a bill to legalize a comprehensive medical marijuana program in South Carolina. The bill's sponsor, Senator Davis (R-Beaufort) introduced a new, comprehensive amendment to the bill which was adopted as a working draft by the committee. The amendment is the third of its kind based on feedback from stakeholders and concerns of citizens. Ultimately, it was decided that it was better to carry over the legislation to next year, allow people time to understand it, ask questions, visit with constituents, and pick it up again next year.
- POST: The bill to enact a Physician Order for Scope of Treatment (POST) was passed by the Medical Affairs Committee Thursday after being amended to include nurse practitioners and physician assistant's in those able to complete an order. The POST form is a medical order to reflect the wishes of a patient for the end of life care they wish to receive. It is intended for individuals who would be expected to die within twelve months. The bill has already passed the House and is poised to be signed into law this year.
- Patient Transport: A bill regulating the transport of psychiatric patients was amended and approved by a House panel Thursday. The bill extends the length of time allowable for a transport during natural disasters, like hurricanes, and requires law enforcement to work toward therapeutic transport units. It also allows physicians to let a family member or friend transports an individual if the patient is not a risk to themselves or others. It is on the agenda for a full 3M committee meeting next week.
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Chamber Action
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- H.3020 (McCravy et al) - a bill to prohibit performing an abortion after a fetal heartbeat is detected - received 3rd reading in House, sent to Senate
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Committee Action
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- H.3760 (Sandifer) - a bill to merge the JUA and the PCF and to provide an assessment mechanism to reduce the unfunded liability of the entity - favorable as amended, Senate Banking and Insurance Committee
- H.4004 (Clary) - a bill to enable Physician Orders for Scope of Treatment (POST) to be set forth by a physician for end of life care for certain patients - favorable as amended, Senate Medical Affairs Committee
- H.3036 (McCravy) - a bill to require neonatal testing of specific genetic diseases - favorable, Senate Medical Affairs Committee
- H.3602 (Rose) - a bill to add that a close friend could give consent for a patient unable to make healthcare decisions if there are no relatives available - favorable, Senate Medical Affairs Committee
- S.366 (Davis) - a bill to provide for the sale of medical cannabis and the conditions under which a sale can occur - carried over, Senate Medical Affairs Committee
- S. 303 (Kimpson) - a bill to provide for the requirements when transporting a mental health patient to a mental health facility - favorable as amended, House 3M Subcommittee
- H.3157 (Parks) - a bill to establish and define licensure of genetic counselors in this state - recommitted, Senate Medical Affairs Committee
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Intros of Interest
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- H.4467 (Dillard) - a resolution to declare the month of May 2019 as "Mental Health Month" - adopted in the House
- H.4474 (Clary) - a resolution to declare May 6 through May 12, 2019, as Nurses Week in South Carolina - adopted in the House
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April 26, 2019
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