Legislative Updates
From Jean Jones
DVR/DVS Legislative Information Representative
2009 ~ 2008 ~ 2007
March 12, 2009
Following is a status report on some of the disability and agency-related bills being considered in the Oklahoma Legislature this year. A comprehensive list is attached.
Aging and disability:
HB-1893 (Peterson; Anderson) This bill authorizes DHS to develop and implement the Aging and Disability Resource Consortium initiative. The project would develop a single point of entry for elderly and disabled individuals seeking services, and guidance in understanding their options for long-term care and supports. DHS plans to seek a grant to fund this project, and would partner with other agencies, including DRS, to implement the system. This bill passed the House 97-0. A companion bill, SB-321 by Anderson, passed the Senate by a vote of 43-0.
Transition:
SB-283 (Coates; Jackson) creates the Task Force on Youth Transitioning into Adulthood. The lead agency is the Office of Juvenile Affairs. A representative of the Department of Rehabilitation Services would serve on the Task Force, which will focus on youth in the juvenile justice system, youth in foster care, and youth who have conditions in their daily lives that put them at risk in regard to health, mental health and safety. The study will look at ways to assist these young people in education, housing, social services, behavioral health and employment. The bill has cleared the Senate.
Sign language interpreters:
HB-1842 (Duncan) creates the Oklahoma Licensed Interpreter Act. It establishes the Oklahoma Board of Licensed Interpreters for the Deaf and Hard of Hearing. The Board would consist of seven members appointed by the Governor. The Board would be authorized to hire staff, establish criteria and rules for licensure of interpreters, set fees and charges, investigate reported violations of the licensure act and rules, and enforce provisions of the Act through assessment of fines, imposition of sanctions and pursuit of legal action against violators. The House adopted a floor substitute for this bill. It includes a provision defining “state certification” to be QAST levels granted by DRS and a provision that places QAST certification among the types of evidence of skill the Board considers in order to license an interpreter. The bill passed the House on a vote of 91-7.
Pain management:
Two bills deal with chronic and intractable pain. SB-260 (Gumm; Carey) creates the Intractable Pain Treatment Act. It allows physicians to prescribe controlled dangerous substances for relief of intractable pain, subject to various controls and safeguards, and when no other effective means for treating the pain is available. This bill passed the Senate and is now in the House. Another bill, SB-1133 (Jolley), creates the Interventional Pain Management and Treatment Act. It lets doctors prescribe certain controlled substances when justifiable to treat intractable pain. SB-1133 has also passed the Senate.
Cancer; access to care and resources:
SB-434 (Eason McIntyre; Cox) directs the State Department of Health to provide a cancer patient navigation program. This bill passed the Senate by 39-7.
Wheelchairs on roads:
SB-760 (Ellis) requires wheelchairs operating on roadways to have an orange flag or pennant that is at least 16 inches square and extends at least 24 inches into the air but not more than 36 inches. This bill passed the Senate this week.
Autism:
HB-2027 (Steele) As amended in the House, this bill now provides for licensure of Certified Behavior Analysts to practice in Oklahoma, with the Developmental Disabilities Services Division of DHS providing the licensure functions. The bill directs that funds be spent to train Sooner Start personnel in working with children with autism, and that funds be spent to train medical providers treating Medicaid recipients to evaluate autistic disorders in children. A pilot project of autism treatment would also be created. The measure has cleared the House and goes to the Senate.
Health insurance:
Health insurance issues have been addressed from several different
perspectives, with few of the introduced bills remaining alive at this point. A
few that survive include:
SB-822 (Branan) creates the Task Force on the Review of Health Insurance
Mandates. This bill passed the Senate. The emergency clause initially failed but
on reconsideration is also passed.
HB-1975 (Benge) started out as the Oklahoma Health Care Coverage Legislation
Act, with no content. A substitute bill passed by the Economic Development
Committee now states that any bill that would require health insurance to cover
added services can only be introduced in odd-numbered years in the Legislature,
and can only be voted on in even-numbered years. In addition, the bill would
require any person or group advocating such a bill to provide a report to the
appropriate legislative committees on the social and financial impact of the
legislation. The bill describes what must be included in the report. The bill
makes an exception for introduction of bills that address emergency situations -
these can be offered in any year but will require a three-fourths vote to pass.
This bill is due for a full House vote today.
SB-839 (Leftwich) requires health insurance coverage for orally administered
anti-cancer medications. The bill passed the Senate with an amendment to make
the Health Care Authority act as collector for medical charges for services
rendered to uninsured persons.
End-of-instruction tests; students with disabilities:
The accessibility of required end-of-instruction English tests has been an issue for students with visual disabilities and other that need tests presented in an audio format. SB-867 (Anderson) delays the effective date for required passage of end-of-instruction tests for high school graduation. The date would be put off to the 2010-2011 school year. This bill passed the Senate with its title stricken.
Business Enterprise Program:
(BEP) managers could be affected by these bills:
SB-594 (Easley, D-Tulsa) requires a state level educational course and
certification for food service personnel who handle food. The state
certification would not affect other food handler license requirements made by
local governments. The bill has cleared the Senate Appropriations Committee and
must be passed by the full Senate today to remain alive.
SB-1135 by Bass started out to require food service facilities to disclose the
nutritional content of the foods they serve. As amended by the Senate, the bill
now created a Task Force on Dining Information and Nutritional Education.
HB-1074 (Cooksey: Sykes) deletes the requirement that persons operating canteen
services in state correctional facilities must be state employees. SB-803 by
Sykes is a duplicate bill.
HB-1074 passed the House 80-20. SB-803 has passed the Senate.
HB-2213 (Kiesel), a beverage container deposit bill which would have financial,
staffing and space impacts on BEP vendors, is considered dormant for this year.
AgrAbility:
SB-999, making a $200,000 appropriation for the AgrAbility program, has not survived in the Senate. However, funding for AgrAbility could be reconsidered as part of the DRS funding bill later on in the appropriations process.
State employee longevity pay:
SB-405 (Jolley; Peters) would raise the amount of longevity pay for state employees. This bill was reported from the Senate Appropriations Committee on 2-16, but there has been no further action. This bill needs to clear the Senate today to remain alive.
Information Technology:
Two bills of potential importance to DRS are HB-1704 (Derby; Coffee) and SB-980 (Coffee; Murphey), Both bills would create a separate state agency for information technology and give the new agency a role to coordinate all IT in all state agencies, making it more uniform across agency lines. The bills give the new agency a great deal of authority over the planning, purchase, operations and training related to information technology in all agencies. Both these bills have passed in their respective houses.
Transportation:
Most of the public transportation related bills have died in this year’s legislature. One bill that remains alive is SJR-1135 by Sparks, a joint resolution supporting the State of Kansas Amtrak feasibility study. The resolution encourages the state Department of Transportation to pursue extension of passenger rail services north from Oklahoma City to connect with Newton, KS and points beyond. This bill has passed the Senate.
Self-Directed Care and Services:
HB-1700 (Morrissette) would create the Self-Directed Care Program that may be used by persons with disabilities who are eligible for Medicaid home and community based waiver services. This bill moves the current program from a pilot status to make it a continuing statewide program, if federally approved as part of Oklahoma’s Medicaid waiver for community based services. The program would provide a monthly budget to eligible individuals for purchase of personal care, home modifications and related long-term care services. A substitute bill was adopted at the subcommittee level, but the bill was never voted on. However, it is not yet listed as dormant.
Pedestrian safety; blind and disabled individuals:
HB-1795 (Hoskin) establishes conditions under which motorcyclists and bicyclists may proceed through red traffic signals. It would allow motorcycles and bicycles to proceed through red lights at an intersection if they believe the traffic control signal change has to be triggered by presence of a larger motor vehicle and if they do not see pedestrians or other vehicles in the intersection. Blind persons have expressed concern that this could result in inaccurate audible information on which they depend for safe travel, and could increase the safety hazards to blind and disabled pedestrians. The bill has passed the House by a vote of 72-11.
Dormant bills:
Some bills that have not met deadlines and are “dormant” for the year
include;
HB-1062 (Sherrer) to provide bonus pay to Orientation and Mobility instructors
working for the public schools.
HB-1312 (Brown) would have required health insurance coverage of autism. This
bill was actually voted down and thus, under current House and Senate rules,
cannot be brought up again during this two-year session.
HB-1628 (Pittman) to allow blind students to take end-of-instruction English
tests in the format that is designated in their IEP as the most suitable,
whether Braille, large print, audio or technology-assisted.
For Your Files
Find Your Federal and State Legislators:
www.capitolconnect.com/oklahoma/
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The U.S. House switchboard number is 202-225-3121.