House Bill 2731, by Rousselot, would create the “Any Willing Institute Task Force” to study the feasibility of creating an “Any Willing Institute” program where medical institutions may be compensated by insurance companies for services provided regardless of a contract with the insurer.

 Rousselot said this is a way to ensure monopolies are not established in Oklahoma’s health care market.

 “This bill will ultimately allow patients to be able to have health care access in their own community so they do not have to travel miles to another city to get basic or emergency health care because their insurance has an exclusive contract with a non-local hospital,” said Rousselot, D-Okay.

Rousselot said the citizens of Wagoner currently face this problem.

 “Wagoner built a new hospital but Community Care does not contract with that provider. Instead, Community Care has an exclusive contract with Muskogee Regional. Many of the individuals who signed up with Community Care did not know or do not know that their insurance will not cover treatment at their hospital so many citizens have been shocked to find out they aren’t covered after being treated in Wagoner,” said Rousselot. “My bill would look into an ‘any willing provider’ program so patients can receive health coverage in their hometowns.”

 Another concern for Rousselot is the fact that Blue Cross Blue Shields will not cover the new Muskogee hospital.

 “Thousands of individuals have Blue Cross Blue Shields and because of some behind-the-scenes deals patients are being denied quality local treatment,” said Rousselot. “This hospital is new and offers new healthcare technology and treatment but thousands of individuals will not be able to take advantage of it because their insurance didn’t ‘contract’ with that particular hospital. There has to be a better way and this bill will find one.”

 House Bill 2731 now proceeds to the Senate for a hearing.

“I am so pleased for Oklahomans! I’ve seen persons who were comatose, on ventilators and turning schedules who indicated an improved quality of life as a result of the bill you passed from the House today!” stated Deborah Ellis, administrator of IndependentChoices, an Arkansas program similar to EMPOWER-OK.

 Rep. Richard Morrissette, House District 92, authored HB2596, EMPOWER-OK, which passed from the floor by a vote of 95-1.

The EMPOWER-OK program is based upon the nationwide self –directed care model known as ‘Cash & Counseling’, a reference to the two key elements of the program that directs a full measure of a participant’s monthly nursing allotment, through Medicare/Medicaid, toward the participant and the subsequent support for administration of those health care purchases.

 “Implementing is no longer a difficult process as many states now offer the Cash & Counseling model and the Centers for Medicare and Medicaid Services offer federal regulations in both the 1915 (c) and the 1915 (j) to allow states to offer this model as either a home and community based waiver service or as a State Plan Amendment to an existing Medicaid personal care program.” reiterated Ms. Ellis.   

 “For Oklahomans, this means eligible seniors and the disabled, who have friends, family or a trusted neighbor providing for them in-home, can hire those individuals as nursing care providers. Participants also have the flexibility to spend their monthly allotment on emergencies as they arise without wading through bureaucratic red tape. Reports to my office state that the disabled benefit most often from the flexibility provided by this model.” explained Morrissette after today’s vote.

 “The other important aspect has to do with savings to the state. All 15 states now participating report savings over their existing waiver programs. House staff has computed a neutral fiscal impact but I am confident that Oklahoma will see a decrease in spending with EMPOWER-OK. And, the state of Arkansas, through Ms. Ellis and her staff have offered to train Oklahoma agency personnel at no cost.”

 “I am not condemning the pilot program that we currently have in Tulsa. CD-PASS, Consumer-Directed Personal Assistance Services and Supports, is a good option for those who cannot or do not wish to be so directly involved with arranging for service purchases. And, that must remain available if we are to address the key aspect of this entire debate, quality of life.” concluded Rep. Morrissette.

 Those wishing to access more information about Cash & Counseling can go to the national website at www.cashandcounseling.org, and, HB2596 can be viewed or downloaded at www.okhouse.gov .

 Dorman is offering his solution in the form of two amendments to related bills. They would effectively reverse last year’s Oklahoma Tax Commission ruling that left many electric vehicle purchases excluded from the tax credit program. The 2009 OTC ruling held that several vehicles purchased under the belief that they were eligible for state and federal tax credits would not qualify under Oklahoma law, due to similarities with golf carts, as defined by Oklahoma Statutes.  Many of these vehicles have been certified as roadworthy by the state, but have since been determined to not qualify for the tax credit offered under Oklahoma Statute for Low-Speed Vehicles powered by electricity.

 ”Many CPA’s in Oklahoma encouraged citizens to purchase these vehicles to take advantage of a recent federal tax credit and combine it with the credit which has been in Oklahoma law since the mid-1990’s,” said Dorman.  “After the Tax Commission ruled many of these vehicles would not qualify for the state tax, I received many calls and emails requesting this revision.”

 Dorman promised he would find a way to address this subject, but would not file a bill to find the solution.

 ”In our current legislative system, if you file a bill, the fate of that legislation is often left up to a committee chairman or a few members,” said Dorman.  “This subject deserves the attention of the entire legislature and the best way to get something through the system is to file an amendment to a bill on the floor where the entire body gets to make an “up or down” vote on the subject when on the floor of the House or Senate.

 Dorman reviewed several bills, and found the best fit for the solution with House Bill 2641, filed by Rep. Steve Martin, R-Bartlesville, which would lower any future state credit to equal the credit offered by the federal government on any tangible goods and House Bill 3024, authored by Speaker Chris Benge, which establishes a $500 credit for Low-Speed Vehicles and extends the original credit to Medium-Speed Vehicles.  These two bills are intended to keep Oklahoma tax credits from exceeding more than would be honored by the federal government in a credit to taxpayers in different ways.

 ”I do not like the idea of automatically reducing a commitment on the books without a vote of the legislature,” said Dorman.  “Many do long-range planning for purchases based upon some credits, but if we can get my amendment in place on one of these bills and address the current problem, I will have to support the legislation as it fixes the current problem with LSV’s.”

 Dorman’s amendment will address the issue in two respects.  The first would change the definition for an eligible vehicle to any vehicle considered road-worthy by the Department of Public Safety, as they issue licenses and plates for vehicles. This would negate the effect of the OTC ruling. The second provision allows the state to honor any credit on such vehicle purchases back to 2008, but the credit will not be paid by the state until Oklahoma’s General Revenue Fund grows by at least 3 percent.  House Fiscal Staff estimates the total cost of honoring the LSV credit could exceed $39 million.

 ”This should address all the concerns brought forth with taking the authority of determining qualifying vehicles away from the Oklahoma Tax Commission and delaying payment on the credits until revenues increase, therefore not depriving funding to education, seniors, public safety and any other state entity,” said Dorman.  “I know people would like to receive their money now for this purchase, but any tax credit we pay out now, which is not otherwise planned for in the budget, takes money away from our kids and seniors.  I hope this show of good faith will be enough for purchasers of the vehicles that we will honor the credit which otherwise would not be paid due to OTC rulings and fears of declining budgets by state lawmakers.”

 Dorman attached the amendment to HB 2641 and HB 3024 on the final day to make amendments to the bill.  Both bills are on the calendar for consideration by the House of Representatives this week, the final week for consideration of House Bills by the House of Representatives.

“I believe the State of Oklahoma has an obligation to keep its word to our citizens, and my amendment would accomplish that without harming services in a period of a budget crisis,” said Rep. Dorman. “I also believe the Department of Public Safety is far better qualified than the Tax Commission to determine what vehicles are roadworthy, and thus qualify for this tax credit, which has been Oklahoma law since the mid-1990’s.”

 House Bill 3021, by Scott, requires landlords to disclose to the prospective tenant if the rental property was used to aid in or manufacture methamphetamine in the past.

 Scott said the public needs to know the lasting dangers meth labs can leave on property so they don’t go into a dangerous house blind.

 “Renters should have full disclosure if a home has been used to produce meth in the past so they can protect their families and themselves from unsafe and unhealthy living conditions,” said Scott, D-Tulsa.

 The fumes created by meth production can saturate a dwelling and remain a health problem even after the original lab is destroyed unless extensive cleaning procedures are conducted.

 R. Darrell Weaver, director of the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, said House Bill 3021 is a proactive first step in keeping Oklahoma property and residents safe from meth labs.

“It is very easy to see the damages and dangers of a meth lab when it is running, but what about all the damages and dangers after the labs are out of the picture?” said Weaver.

 Under current law, realtors have to tell a buyer of a home if the property used to be a meth house in the past. Scott said that should be carried over to rental properties.

 House Bill 3021 passed the full House of Representatives unanimously today. It now proceeds to the Senate for a hearing.

 “The federal government will take the results from the census and determine what funds each community will receive for hospitals, schools, senior centers, roads and bridges and emergency services,” said Representative Wes Hilliard.

 This year’s census form will have only 10 questions including name, sex, age, date of birth, race, Hispanic origin, household relationship and if you rent or own your home. Social Security number and income information are not collected as a part of the census. The answers to census questions are confidential and are only used with other’s answers to create statistics.“The census asks for less information and is less invasive than a typical credit card application,” said Hilliard. “The information that it collects is protected and can never be used against the responder by any government agency or court.”

 Another reason for the census is that it determines how communities will be represented in the government. Congressional seats are allocated based on the population of the state. Accurate census results will ensure that Oklahoma has proper representation in the federal government. In addition, state legislative districts will be drawn based upon population reflective in the census making the input on rural Oklahoma even greater.

 In April census takers will begin visiting homes of those who have not returned the mailed forms. The census takers will be asking the same questions that appear on the mailed census forms.

 “It is so important that everyone fills out and returns the census forms as soon as possible,” said Hilliard. “Without this valuable information it’s impossible for our communities to receive the resources, funds and representation that they should.”

 For more information about the census please visit 2010.census.gov.

            House Bill 1658, by state Rep. Joe Dorman, would place health care service providers volunteering their services at secondary school activities under the Good Samaritan Act. The legislation was in response to the death of Justin Barney, a freshman football player from Rush Springs who died from an injury at a game two years ago. The bill would allow chiropractors, podiatrists, dentists, allopathic and osteopathic physicians, physician assistants, optometrists, and nurses (advance practice, registered and practical) to volunteer their services within their specific scope of practice.

            “Justin Barney’s death was a tragedy that might have been prevented had some form of immediate medical assistance been available to prevent complications from his injury,” Dorman said. “It took 20 minutes for an ambulance to reach the scene. My legislation would expand legal protections for those who could provide immediate care in such an emergency.”

            The bill will have no impact on the state budget, but will reduce the potential for money spent on individual health concerns, Dorman said.

            “This originally included a tax credit to provide incentives for medical personnel to volunteer services, but we just could not add that in this year,” Dorman said. “In a tight budget year, it is the type of change to state law we can make with no cost, but still improve public safety. I hope to look at credits in the future to increase participation and eventually have some medical professional cover every single secondary sports event in Oklahoma in the future at no additional cost to schools.”

            Heather Nottingham, aunt to Justin Barney and his legal guardian at the time of his death, said she was pleased by the passage of the legislation.

            “I can’t thank you enough for the work you have done and continue to do in Justin’s memory,” Nottingham said. “I truly feel that this bill will help incentivize doctors to volunteer services that will one day save the life of someone’s child. My goal is that we never have to see another family suffer the loss of a child in high school sports, which might have been prevented.”

            According to a recent article on www.newsok.com, the U.S. Centers for Disease Control and Prevention estimates that there are some 300,000 sports-related concussions each year in America – a number similar to the total number of concussions suffered by service members in Iraq and Afghanistan since the start of the war.

            “In Oklahoma, we do not have enough ambulances to cover every Tuesday or Friday night football game in the state,” Dorman said. “If this will encourage doctors to work with a school and provide assistance in the case of an emergency, this will go a long ways to assisting immediate care and treatment of an injury and reduce potential health problems.”

            The bill passed 92-5 and now moves to the Senate for consideration.

“This legislation will ultimately harm the children of Oklahoma by reducing the effectiveness of Lottery Commission advertisements and, as a result, the amount of money flowing into the schools from lottery ticket sales,” said Rep. Scott Inman, D-Del City, who argued against the measure during debate. “This is nothing but an attempt to pander to those who oppose the lottery by hamstringing the ability of the Lottery Commission to properly advertise.”

 The bill, HB3161, prohibits the Oklahoma Lottery Commission from advertising how proceeds from the lottery benefit Oklahoma schools. The bill was authored by Rep. Leslie Osborn, R-Tuttle. It passed the House with a vote of 54 to 43.  The vote follows the passage earlier in the session of HB2956, which prohibits the use of children in advertising for the lottery.

“What we’re doing with this bill is taking an ax to the lottery. Why?” asked Rep. Inman. “Because you don’t like the lottery. But you are voting against the will of your own constituents. As a result of this vote, there will be less money for the schools in your district.”

Rep. Inman pointed out that the lottery was overwhelmingly approved by a vote of the people in 2004, with majorities voting in favor in all 77 counties in the state, and 65 percent voting in favor overall. Noting that Rep. Osborn claimed that the lottery commission ads mentioning the benefits to education were already in violation of Federal Trade Commission rules, he asked why there was a need for state legislation.

“If it’s already illegal, why do we need to make it doubly illegal?” Rep. Inman asked. “Did you take this to the FTC? If someone breaks a law, you call the police or the district attorney and get them to enforce it, you don’t run to the Capitol and pass a new law to make it doubly illegal.”

Since its inception, the Oklahoma Lottery has generated over $340 million for Oklahoma schools.

“This is just an attempt to make political hay by claiming that an income tax credit for volunteer firefighters has been targeted for elimination,” said House Democratic Floor Leader Mike Brown, referring to a press release released this week by a Republican legislator claiming that Gov. Brad Henry had proposed elimination of the firefighters’ credit.

“There is not now and never has been any Democratic support for the notion of cutting the tax credit for volunteer firefighters,” declared Rep. Brown, D-Tahlequah. “This is just another concocted spin to curry favor with the very firefighters they have been so reluctant to support in the past.”

The Volunteer Firefighters Tax Credit was created in 2004 with the passage of HB2372, authored by Democratic Rep. Joe Hutchison in the House of Representatives, and by Sen. Kenneth Corn in the State Senate. The credit is available to volunteer firefighters who receive training through the Volunteer Firefighters Practice program operated by Oklahoma State University. The income tax credits are $250 per year for 12 credit hours and $400 per year for 30 credit hours of training.

“What the governor actually said is that ‘everything is on the table;’ he did not say every deduction and exemption would be eliminated,” said Rep. Brown. “The Republicans know this, but when the governor said we need to take a careful look at a long list of tax breaks that are on the books, they apparently looked for an exemption they know is popular, then began making the bogus claim that it has been selected for elimination.

“It’s our understanding that the Governor has already eliminated this particular exemption from any further consideration,” commented Rep. Wallace Collins, D-Norman. “The truth is, the only ones who are currently talking about eliminating the firefighters’ exemption are the Republicans.”

Another comment in the Sanders release was characterized as “fiction.”

“He said he couldn’t understand why the Governor would consider ‘slashing the budget of our rural fire departments,’ which leaves us asking why he would make up an accusation which is so easily proven to be fiction. Neither the Governor nor anyone else has proposed cutting rural fire department budgets,” Rep. Brown asserted.

Democratic Floor Leader Mike Brown said he finds it particularly ironic that Republicans would try to portray themselves as defenders of the firefighters, due to their past record of fighting against increased funding or benefits for them. Rep. Brown, D-Tahlequah, recalled the time in 2006 when wildfires were scorching huge tracts of land and destroying homes in various parts of the state.

“Democrats were offering several bills to provide additional funding for equipment to our volunteer fire departments, but the conservative Republicans were more concerned about doling out corporate welfare and tax cuts than they were about supporting our firefighters. We ended up having to walk out of the chamber and shut down the day’s session before the Republicans finally realized the seriousness of the situation,” Rep. Brown recalled.

Rep. Brown was the author of 2006 legislation that created one of the current tax exemptions for firefighters.

            House Joint Resolution 1018 would create an income tax check-off to fund the 12.5 percent match required by FEMA to help pay the state portion of disasters and phone lines for reporting needs during disaster relief and recovery. The legislation was passed unanimously by the House Rules Committee.

            “This is an issue I have been working on for several years and hope it is the first of many ways we can use to provide funding for emergency management,” said Dorman. “The subject of providing monetary assistance for the phone lines came from a conference I co-hosted to look into this area. We have received much valuable input from those affected by the recent ice storms which hit Oklahoma and those who delivered assistance.”

            House Bill 3123 would create two new levels of tax credits for volunteer firefighters. Under current Oklahoma law, firefighters can earn one of two tax credits for training they receive.  This legislation would expand the credit to four levels.

            “In an interim study conducted over the fall, officials suggested the additional two levels of tax credits to avoid a potential conflict with interpretation of the current law,” Dorman, D-Rush Springs, said. “A strict interpretation of the statutes covering this credit could prevent firefighters from receiving the higher level when they file their tax returns. This legislation will ensure we encourage firefighters to take the classes to achieve the necessary skills to do their job in the best, safest manner and receive the knowledge to better protect rural Oklahomans by providing the proper incentives to take these classes.”

            “Our volunteer firefighters sacrifice valuable time away from family and friends, along with potential overtime from work just so they can assist their local areas,” said Dorman. “We want to make sure the training is the best available and actually fits their needs if they are going to go to this extra effort. This bill also helps in that area by bringing the local fire chiefs together to recommend programs which will best benefit their region of the state.”

            House Bill 3123 also passed out of the House Rules Committee, where representatives from fire service organizations were on hand to answer questions.

            House Bill 1658 would place health care service providers volunteering their services at secondary school activities under the Good Samaritan Act. The legislation was in response to the death of Justin Barney, a freshman football player from Rush Springs who died from an injury at a game two years ago. Family members were on hand Wednesday to testify for the bill to the Rules Committee.

            “No ambulance or doctor was on hand to treat the injury and it took about 20 minutes for an ambulance to reach the scene,” Dorman said. “Anytime we can provide immediate medical assistance in the time of an injury, this lessens the likelihood of more severe complications developing as a result of the injury.”

            The House Appropriations and Budget Committee passed the legislation unanimously, where it will now proceed to the House Floor Leader’s office to be scheduled for a hearing by the full House of Representatives.

            None of the three bills will have a negative impact on the state budget, according to a fiscal analysis prepared by House staff, stated Dorman.

            “Each of these bills will create the support for an individual to step up and protect their community and enhance public service,” said Dorman. “Whether by incentivizing additional firefighter training, encouraging doctors to volunteer their serves at school sports function or assisting with expedient disaster relief and recovery, we are showing how our citizens go above and beyond to help their neighbors.”

            All House bills must be considered by Thursday, March 11 to move further through the legislative process. Bills not considered by the house of origin at this point will not be considered during the remainder of the legislative session.

“All three of these pieces of legislation were request bills that arose from constituents or experts in the field,” said Dorman. “I’m happy we are able to assist each of the groups of workers in these areas to help improve our state through these legislative changes”

            House Bill 2305 would expand a list of exceptions for those activities requiring a real estate license to include any person managing a transient lodging facility. A transient lodging facility would be defined as a room or set of rooms rented to individuals on a daily basis for no more than 30 days.

            “In the past, the Legislature passed a law that changed real estate license requirements and, by accident, negatively impacted cabins and other recreational lodging facilities,” Bailey, D-Broken Bow, said. “This legislation corrects that oversight and I am pleased to see my fellow lawmakers lend their support to it.”

            Bailey said lodging facilities are important to rural communities throughout Oklahoma.

            “These facilities are vital to the local economies of many small communities in Oklahoma,” Bailey said. “This state is known for its natural beauty and attracts outdoor enthusiasts from all over the country.”

            House Bill 2305 passed the House by a vote of 92-1 and now heads to the Senate.