Legislation Update – The Budget Is Yet To Come

February 18, 2025

Some answers on legislation and a few questions still to be answered:

 

First, the bad news – HB2160 which was our third attempt to amend the Waivers to allow compensation for staff who accompany individuals in residential programs when they are in a acute care setting was “passed by indefinitely (PBI)”  in Senate Finance and Appropriations (SFAC);  that is the most gentle way to “kill a bill.”  While the Section One bill was not required to have Medicaid directed to do the amendment, it is certainly the message that neither the language nor the funding will be included in the final budget.  We’ll need to think clearly about whether a fourth attempt next year is worth the effort.

 

The two “vicarious liability bills are going to pass as amended and are rumored to be in a form the Governor will sign.  The have been amended and are definitely better than they were.  Informally several good defense attorneys have indicated that the bills give them a lot to work with – HB1730 and SB894

 

The bill to “codify” the reassignment of Waiver Slots that were not used promptly (essentially what DBHDS is doing now which is in practice, but not in Code) was also PBI in SFAC.  This means that if flexibility in practice is needed, it will still be an option.  HB2714

 

Bills concerning unemployment benefits, paid leave, minimum wage and increase legal protections for employees who are misclassified our not compensated correctly all seem to be headed for passage, but there is reason to believe the Governor may object!  HB1921, HB1928, HB1766HB1767, HB2561

 

Bills that direct each health regulatory board regulated by the Department of Health Professions to enact regulations to provide a licensure by endorsement pathway for qualified applicants as practitioners of the particular profession or professions regulated by such board. The bill specifies that the Board of Medicine shall be the first health regulatory board to enact regulations to provide a licensure by endorsement pathway seem to be ready for the Governor’s office. HB1861, SB1438

 

However, the bill to allow Clinical Psychologists to have prescriptive authority has become a workgroup of the Board of Psychology and the Board of Medicine to wrote a report for the General Assembly.  SB752

 

A very small barrier crimes bill to ease the restrictions for peer recovery specialists passed – not at all sure if it will make much difference! – HB1877