South Carolina General Assembly
116th Session, 2005-2006

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Bill 3968

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POLLED OUT OF COMMITTEE

MAJORITY FAVORABLE

May 4, 2006

H. 3968

Introduced by Reps. Govan, Clyburn, Rutherford, Hosey, Moody-Lawrence, Lee, Clark, Allen, Breeland, J. Brown, R. Brown, Davenport, Jefferson, Littlejohn, Mack, J.H. Neal, Rice and Scott

S. Printed 5/4/06--S.

Read the first time May 24, 2005.

            

THE COMMITTEE ON MEDICAL AFFAIRS

To whom was referred a Bill (H. 3968) to amend the Code of Laws of South Carolina, 1976, by adding Section 44-1-285 so as to enact the Healthy South Carolinians 2010 Act and to provide , etc., respectfully

REPORT:

Has polled the Bill out majority favorable.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-285 SO AS TO ENACT THE HEALTHY SOUTH CAROLINIANS 2010 ACT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL DEVELOP AND PROMOTE HEALTHY SOUTH CAROLINIANS 2010 GOALS AND OBJECTIVES, USING THE FEDERAL HEALTHY PEOPLE 2010 AS A MODEL; TO PROVIDE THAT THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GENERAL ASSEMBLY ON THE STATUS OF DISPARITIES IN HEALTH AMONG MINORITIES AND NONMINORITIES; TO PROVIDE THAT THE DEPARTMENT SHALL WORK WITH MINORITY PHYSICIAN NETWORKS TO DEVELOP PROGRAMS TO EDUCATE HEALTH CARE PROFESSIONALS ABOUT THE IMPORTANCE OF CULTURE IN HEALTH STATUS; TO PROVIDE THAT THE DEPARTMENT SHALL WORK WITH HEALTH ORGANIZATIONS TO INCREASE THE PROPORTION OF HEALTH CARE PROFESSIONALS FROM MINORITY BACKGROUNDS; AND TO PROVIDE THAT THE DEPARTMENT SHALL PROMOTE RESEARCH ON METHODS TO REDUCE DISPARITIES IN HEALTH CARE; AND TO ADD SECTION 44-6-225 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL CONTRACT WITH MINORITY PHYSICIAN NETWORKS TO PROVIDE COST-EFFECTIVE MEDICAID SERVICES; AND TO PROVIDE THAT THE DEPARTMENT SHALL WORK TO EXPAND MINORITY PHYSICIAN NETWORKS IN EACH HEALTH DISTRICT.

Whereas, obesity affects over half of all South Carolinians, adults, and children and is a major risk factor for heart disease, stroke, diabetes, cancer, sleep apnea, osteoarthritis, gallbladder disease, and gout; and

Whereas, nutrition and weight control, physical activity, and fitness are focus areas of Healthy People 2010, a national goal for the 21st century; and

Whereas, the mission of the South Carolina Public Health Association is to promote personal, community, and environmental health and to exercise leadership in health policy development and action; and

Whereas, the South Carolina Public Health Association is one of the leading authorities concerning public health issues in South Carolina and represents more than 500 multidisciplinary public health employees and advocates who serve the citizens of South Carolina; and

Whereas, the South Carolina Public Health Association advocates increased coordination and participation among agencies, organizations, and coalitions at the local, county, and state levels that advocate for the elimination of disparities of health; and

Whereas, all South Carolinians would benefit from a coordinated effort spearheaded by the Department of Health and Environmental Control to bring together the many health organizations in this State, among them the South Carolina Public Health Association, and using the federal Healthy People 2010 model, to develop and promote healthy South Carolinians 2010. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    This act may be cited as the "Healthy South Carolinians 2010 Act".

SECTION    2.    Chapter 1, Title 44 of the 1976 Code is amended by adding:

"Section 44-1-285.    (A)    The Department of Health and Environmental Control shall establish Healthy South Carolinians 2010 goals and objectives for South Carolina and collect data and monitor the State's progress toward achieving these goals and objectives. In developing Healthy South Carolinians 2010, the department shall consider the federal Healthy People 2010 goals and objectives that are designed to measure and help to improve the health of all Americans by advancing the following goals:

(1)    increase the quality and years of healthy life;

(2)    eliminate health disparities among different segments of the population.

(B)    The department shall report to the General Assembly by December 31 of each year on the status of disparities in health among minorities and nonminorities, using health indicators currently available that are consistent with those identified by the federal Healthy People 2010 goals and objectives.

(C)    To reduce negative health consequences that result from ignoring racial and ethnic cultures, the department shall work with minority physician networks to develop programs to educate health care professionals about the importance of culture in health status. These programs must include, but are not limited to:

(1)    the education of health care providers about the prevalence of specific health conditions among certain minority groups;

(2)    the training of clinicians to be sensitive to cultural diversity among patients and to recognize that inherent biases can lead to disparate treatments;

(3)    the creation of initiatives that educate private-sector health care and managed care organizations about the importance of cross-cultural training of health care professionals and the effect of such training on the professional-patient relationship;

(4)    the fostering of increased use of interpreter services in health care settings.

(D)    The department shall work with and promote the establishment of public and private partnerships with charitable organizations, hospitals, and minority physician networks, as defined in Section 44-6-225, to increase the proportion of health care professionals from minority backgrounds.

(E)    The department shall promote research on methods by which to reduce disparities in health care at colleges and universities that have historically large minority enrollments, including centers of excellence in this State identified by the National Center on Minority Health and Health Disparities by working with those colleges and universities and with community representatives to encourage local minority students to pursue professions in health care."

SECTION    3.    Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:

"Section 44-6-225.    (A)    The Department of Health and Human Services shall contract with established minority physician networks that provide services to historically underserved minority patients. The networks shall provide cost-effective Medicaid services and provide their primary care physicians with access to data and other management tools necessary to assist them in ensuring the appropriate use of services, including inpatient hospital services and pharmaceuticals.

(B)    The department shall provide for the development and expansion of minority physician networks in each health district to provide services to Medicaid recipients who are eligible to participate under federal law and rules.

(C)    The department shall reimburse each minority physician network as a fee-for-service provider, including the case management fee for primary care, or as a capitated rate provider for Medicaid services. Any savings must be shared with the minority physician networks pursuant to the contract.

(D)    For purposes of this section:

(1)    'Cost-effective' means that a network's per-member, per-month fee-for-service costs, administrative costs, and case-management fees, must be no greater than the state's costs associated with contracts for Medicaid services which must be actuarially adjusted for case mix, model, and service area. The department shall conduct actuarially sound audits adjusted for case mix and model in order to ensure such cost-effectiveness and shall publish the audit results on its Internet website and submit the audit results annually to the Governor, the President of the Senate, and the Speaker of the House of Representatives no later than December 31. Contracts established pursuant to this subsection which are not cost-effective may not be renewed.

(2)    'Minority physician network' means a network of primary care physicians with experience managing Medicaid or Medicare recipients that is predominantly owned by minorities, which may have a collaborative partnership with a public college or university and a tax-exempt charitable corporation.

(E)    The department may apply for any federal waivers needed to implement this paragraph."

SECTION    4.    This act takes effect upon approval by the Governor.

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