WEAMA January 2012 Legislative Update

Posted January 19, 2012, Prepared by Leslie Emerick

The 2012 session of the Washington State Legislature began on Monday, January 9th with the state still facing a $1.5 billion budget shortfall. This is the 60 day-short session of the biennial legislature. Typically during a short session the focus is on the Supplemental Operating Budget which makes corrections in the two year Operating Budget that is developed during the 105 day-long session of the legislature. This year is different as the state continues to face declining tax revenues to support the essential functions of government.

In November, Governor Gregoire called the legislature back into session for a 17 day Special Session of the legislature which ended on December 14th, 2011. Legislators left town only addressing about a third of the shortage by making $1.4 billion in budget reductions that were considered uncontroversial. The tough budget decisions are yet to come that will determine funding for health care, education and corrections, which are the three big budget drivers in the state. Members of the budget teams in both the House and Senate will be presenting their budget proposals soon. It will be a daunting task to find another $1.5 billion in cuts and legislators still have a lot of work to do before they adjourn.

State budget reductions that reduce health care benefits for the poor have the possibility of impacting EAMP’s in our communities. Recently a report came out that over 1 million citizens in Washington State do not have access to health care and this could get worse with pending state health care cuts. This impacts the overall health of our citizens and may push more people towards treatments that are less costly, yet effective, by EAMPs. Many professions are also seeing their licensure fees rise as the Department of Health is losing state general fund support for administrative costs and the full cost of the programs are being passed on to the practitioners.

Even with the huge budget reductions on the horizon, as of today, 1,051 bills have been introduced for consideration by the legislature, with many of them being policy bills. Health care hearings have been full of new bills impacting health care providers and gearing up for implementing the affordable care act. I have attached a list of bills that we are currently tracking for WEAMA. Our legislative team has been reviewing the bills as they are introduced to determine impacts on EAMPs. So far, most of the bills have not had direct impacts, but we are watching bills that implement the Affordable Care Act closely. At this point it looks like the laws in Washington State protecting “Every Category Provider” will insure that EAMPs are included in the new health insurance exchanges, but we want to keep advocating on the federal level to insure inclusion under the new federal laws.

WEAMA continues to work on researching evidence based data for acupuncture and East Asian medicine for a data review with the Department of Labor and Industries (L & I) to possibly become a provider under their system in the future. This is a long, involved process that can take years as there is much stakeholder work to do both at the association level and at the agency level. It would also require rulemaking down the road and currently there is a moratorium on new rules by the Governor. So please consider these efforts a work in progress as we continue to meet with staff at L & I to discuss the process and the possibilities.

WEAMA was recently invited to attend a meeting with the Physical Therapy Board to discuss issues around dry needling being performed by Physical Therapists. At this time, there are no proposals on the table to include dry needling in their scope of practice, but it could be a possibility in the future. WEAMA responded with a strongly worded letter to their board stating our concerns with this concept and firmly reiterating that dry needling is considered acupuncture and we would resist any efforts on their part to perform such procedures without appropriate training as is required by EAMPs.

In summary, WEAMA will be monitoring all bills potentially impacting EAMP’s during the 2012 legislative session and testifying as needed. We will continue to monitor the budget reductions and all rulemaking that could impact our practitioners to assure that our scope of practice is protected and that we are included in the new health care reform efforts under the Affordable Care Act.
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