Report from Lobby Representation

Capital Consulting Group

 May 2, 2009

 BIENNIAL BUDGET

 For the first time in 14 years, the Ohio House is under new party
 leadership  with a democratic majority.  Speaker Armond Budish (D; Cleveland) and his
 team are working on their first budget and all eyes have been watching to
 see if there will be many variances from the budget as proposed by fellow
 democrat, Governor Strickland.

 With few hearings in any other committees and virtually no substantive
 bills being discussed, the Ohio legislature has been almost completely consumed
 with the hearings on the 2010-2011 operating budget (HB 1).   Central to
 the hearings has been the Governor's education reform plan.  This highly
 complicated and fairly controversial plan has met several changes in House
 and will meet even more as the bill makes its way through the process.

 Additionally, although tough decisions have had to be made due to the
 unprecedented deficit, Ohio has benefited from an infusion of federal
 stimulus money.  While the stimulus money has been a helpful shot in the
 arm, using the money has been a political "football".  Democrats say we'd
 be crazy not to use it (and, by the way, other states are using their share)
 while republicans say that we should have rejected the money and that we
 are merely prolonging the agony of painful budget cuts (or a tax hike) until
 the next budget two years from now.

 HB 1 was passed out of the House on Wednesday on a strict party line vote.

 One member of the Senate Finance Committee told me on Thursday, "My
 scissors are in my hand and I can't wait to get cutting!"

 DISCUSSIONS ABOUT PERSONAL CARE SERVICE TAX REPEAL

 During a time of an unprecedented economic downturn and the worst state
 budget deficit in decades, it is expected that our continuing quest to
 repeal massage therapy services from the definition of personal care
 services in the tax code is not being met with open arms.

 In a meeting with House Ways and Means Committee Chairman Tom Letson (D;
 Warren), we did seem to find some sympathy.   Chairman Letson was quick to
 say, "now is not the time to repeal a tax", he did ask us to think about
 other ways that we could relieve the administrative burden of being a "tax
 collector" and make some changes without taking money away from the state.
 His suggestion:  see if we could make up the difference (of the loss in
 revenue that would come with a repeal of our tax) with some sort of fee
 increase.  The upside of the fee concept is that it would be a one-time
 remittance and the fee would go directly to our regulator the State
 Medical Board (as opposed to simply going the General Revenue Fund [GRF]).  The
 plus in move from a "tax" to a "fee" would be the removal of the concept of
 "taxing health care" (Grrrr...).

 We knew that this would be an issue that the whole membership would need
 to consider but before we brought the idea to the membership, we thought we
 should run it past the likely recipient of our would-be "fee", the State
 Medical Board.

 Interestingly, State Medical Board Director Richard Whitehouse did not
 welcome the fee idea with open arms.  His concern was that a fee increase
 would meet resistance from the Strickland Administration.  His suggestion
 was that we look into changing the tax into an "excise tax".  We are
 looking into this possibility.

 Meanwhile, we have plans to meet with Senate republican leaders to discuss
 this issue further.  Since they already have their scissors in hand, will
 the Senate be willing to cut our tax?  We will keep you posted.

 CAM Bill Has Not Resurfaced - YET

 We are watching and waiting for the reintroduction of a bill pertaining to
 Complimentary and Alternative Medicine (CAM bill).  Toward the end of last
 year, Rep. John Adams (R; Sidney) introduced the bill.   A staunch
 conservative, Rep. Adams is in leadership in the republican caucus and
 serves as "Minority Whip".  Prediction is that a CAM bill would have a
 hard time passing out of the democratic House.  Still, we will keep our eyes
 peeled and will keep you posted!
 

11-20-08    SB279  MEDICAL BOARD  (Schuring)

Regarding certain State Medical Board procedures, restrictions on physician assistants, and admission to the massage or cosmetic therapist examination. Rick Greely, a massage therapist from Columbus, spoke in support of the bill, saying it would enable out-of-state massage therapists to take the licensing exam to practice in Ohio.

Many experienced massage therapists that have practiced for years before moving to Ohio have had to undergo redundant training because their education didn't meet certain state requirements, he said.

The panel adopted an amendment that Chairman Wachtman said would add an emergency clause to the provision that would allow visiting medical faculty to renew their certificate. The measure was necessary because some doctors were in immediate danger of losing their certificates, he added.

11-14-08    HB 580

Rep. Adams described the Ohio Consumer Health Freedom Act in sponsor testimony as protecting providers and consumers of complementary or alternative health care services. The legislation would establish disclosure
requirements for practitioners, and prohibit them from knowingly providing a medical diagnosis of a disease or offering certain other specific services. Rep. Boyd requested information from the sponsor about other states that may already have such a law.

11.14.8SB 279

Sen. Schuring said in testimony an aide delivered on his behalf that the measure was introduced at the request of the State Medical Board. Its major provision would expand the time that a visiting physician can work with an Ohio medical school primarily for the purpose of conducting medical research.

Case Western Reserve University and other medical research institutions say they are at a competitive disadvantage because current law only lets doctors stay in the state for one year, and the certificate authorizing them to do so cannot be renewed. The bill would lengthen a visiting physician's certificate from one year to three years.

Michael Miller, the medical board's policy and governmental affairs officer, said the legislation seeks operational and regulatory efficiencies for the board, massage therapy applicants, physician assistants, and visiting medical faculty. He said the bill also would authorize the board to gather demographic information, in conjunction with the Board of Regents, about time spent in direct patient care. "This information will assist in identifying physician shortage areas and clinical specialty needs throughout the state," Mr. Miller said.