HOUSE COMMITTEE ON HEALTH AND HUMAN SERVICES

 

March 19, 2003   Hearing Room D

8:30 A.M. Tapes 56 – 57

 

MEMBERS PRESENT:            Rep. Jeff Kruse, Chair

Rep. Billy Dalto, Vice-Chair

Rep. Carolyn Tomei, Vice-Chair

Rep. Gordon Anderson

Rep. Jeff Barker

Rep. Laurie Monnes Anderson

 

MEMBER EXCUSED:             Rep. Ben Westlund

 

STAFF PRESENT:                  Sandy Thiele-Cirka, Committee Administrator

Mara McGraw, Committee Assistant

 

MEASURES HEARD:                     HB 2558 – Work Session

                                                HB 2828 – Public Hearing

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 56, A

004

Chair Kruse

Calls meeting to order at 8:36 A.M. and opens work session on HB 2558.

HB 2558 – WORK SESSION

010

Sandy Thiele-Cirka

Administrator. Summarizes bill.

011

Kathy Ketchum RPh, MPA, HA

College of Pharmacy, Oregon State University and Drug Use Review (DUR) Board staff.

029

Rep. Tomei

Inquires on DUR decisions for drug approval.

036

Ketchum

Explains DUR Board review process. Relates reasoning behind decision to exclude specific drugs used to treat irritable bowel syndrome.

067

Rep. Tomei

Inquires on decisions made before final FDA approval.

069

Ketchum

Responds the drug had passed the review process and was waiting to pass special FDA studies.

077

Rep. Tomei

Inquires if a recommendation can be changed.

078

Ketchum

Reports affirmatively. Notes DHS does not act on recommendation until final FDA report. Speaks to Medicaid priority line.

091

Rep. Tomei

Clarifies two issues: priority status of irritable bowel syndrome and disallowing drug for treatment. Questions if the drug would have been allowed if above priority line.

098

Ketchum

Reports drug would have been allowed if syndrome met priority guideline.

117

Rep. Anderson

Comments on use of drug regardless of priority status.

119

Ketchum

Reports DUR Board only reviews Medicaid drugs. Recommendation is specific to DHS and Medicaid coverage.

123

Rep. Anderson

Inquires on impact of drug usage by non-Medicaid patients.

125

Ketchum

Explains DUR Board only makes recommendations for Medicaid drugs in fee-for-services.

128

Chair Kruse

Inquires on FDA reviews.

136

Ketchum

Notes need for criteria in place prior to market release of drug. Reports DUR Board reviews drugs continuously.

151

Rep. Tomei

Inquires if bill will restrict DUR Board.

152

Ketchum

Explains bill will restrict DUR operations. Notes that DUR will not be able to review new drugs prior to market approval.

162

Jim Gardner

Pharmaceutical Research and Manufacturers of America (PhRMA). Explains key issue relates to priority line for specific treatments relating to the DUR Board recommendations. Explains treat-ability of conditions and new conditions that fall below the priority line are preemptively removed from consideration.

200

Rep. Anderson

Questions drug safety.

203

Gardner

Explains drug is FDA approved.

216

Rep. Tomei

Inquires on marketing of drugs later proven ineffective.

219

Gardner

Comments on role of DUR to monitor drugs. Notes drugs were stricken before FDA approval.

229

Rep. Tomei

Inquires on ability of DUR Board to change decision.

234

Gardner

Assesses situation as an effort to establish a policy to preemptively determine drug coverage.

242

Rep. Tomei

Inquires on impact on patient of prescribing drug then removing it from Medicaid coverage.

248

Gardner

Explains the diagnostic codes for prescriptions used to edit out specific drugs for treating conditions that fall below the line.

267

Rep. Tomei

Relates theoretical situation regarding DUR and patient care.

282

Gardner

Explains PhRMA’s perspective on priority timeline in treating conditions.

310

Rep. Anderson

Inquires on three month period in which DUR does not meet.

316

Gardner

Speaks to DUR analysis and preparation prior to drug approval.

323

Chair Kruse

Reiterates bill relates to a process and bill clarifies appropriate guidelines for process.

334

Rep. Anderson

MOTION:  Moves HB 2558 to the floor with a DO PASS recommendation.

338

Rep. Tomei

Comments on DUR Board timeline relating to drug approval. States the bill hampers approval process.

357

Rep. Monnes Anderson

Relates concern over denying treatments for new conditions.

384

Chair Kruse

Reminds committee the bill addresses Medicaid and priority coverage.

397

Rep. Anderson

States drug could be prescribed but not covered in Medicaid.

408

 

VOTE:            5-1-1

AYE:               5 - Anderson, Barker, Dalto, Monnes Anderson,  Kruse

NAY:               1 - Tomei

EXCUSED:     1 - Westlund

413

Chair Kruse

The motion CARRIES.

ANDERSON will lead discussion on the floor.

418

Chair Kruse

Closes work session on HB 2558 and opens public hearing on HB 2828.

HB 2828 – PUBLIC HEARING

423

Thiele-Cirka

Summarizes bill.

TAPE 57, A

005

Susan King

Representing Oregon Nurses Association (ONA). Offers testimony in support of HB 2828. Provides background of bill. Reports data relating to Nurse Practitioners and workers compensation and issues regarding timeline restrictions.

062

Tim Troutman

Adult Nurse Practitioner, Lincoln City. Explains practice and patients. Reports only one Lincoln City physician accepts workers compensation.

105

Chris Davie

State Accident Insurance Fund Corporation (SAIF Co). Notes changes created by bill relating to appropriate level of expertise in assessing workers compensation injuries. Addresses structure of bill and the definition of attending physicians in current statute. Notes rural health care issues. Suggests modifying current statute to expand some areas of practice.

199

Chair Kruse

Requests follow up information after next Management Labor Advisory Committee (MLAC) meeting.

201

Davie

Notes MLAC will report back.

209

Chair Kruse

Notes written testimony submitted from Bradley Witt (EXHIBIT A).

212

Lisa Trussell

Associated Oregon Industries (AOI). Requests committee defer until MLAC provides information.

231

Chair Kruse

Closes public hearing on HB 2828. Orders committee to stand at ease.

262

Chair Kruse

Reconvenes and announces that Carolyn Oakley, Regional Direction, Region 10 will be rescheduled. Adjourns meeting at 9:25 A.M.

 

EXHIBIT SUMMARY

 

A – HB 2828, written testimony, Bradley Witt, 1 p.