The Missouri House gave final approval this week to Senate legislation that would make Missouri the nation’s 28th Right-to-Work state. Designed to spur job creation and economic development, the bill approved by the General Assembly, would ensure employees are able to decide whether or not to join a labor union as a condition of employment.
The bill also includes a clause that will exempt existing union contracts. Specifically, it exempts any current agreement between an employer and labor organization from the restrictions in the bill. However, the provisions of the bill will apply to any current agreement that is later renewed, extended, amended, or modified.
When it is signed into law by Governor Greitens, the provisions in the bill will take effect August 28 of this year.
Lawmakers Reject Proposed Pay Increase (HCR 4)
The House passed HCR 4 quickly, and after several hours of discussion Monday evening, the Senate voted to join the House in rejecting proposed pay raises for elected officials and judges. The resolution approved by both chambers will prevent the pay increase recommendations made by the Citizens’ Commission on Compensation for Elected Officials from going into effect.
Lawmakers gave bipartisan support to the measure as they noted it is not appropriate to use taxpayer dollars to increase their own pay. Members of the General Assembly have consistently voted every two years to reject proposals that increase their own pay. Lawmakers said it was even more important to reject an increase this year because of the state’s difficult budget situation. The measure now moves to the governor for his approval.
House Approves Collateral Source Reform Legislation (HB 95)
This week the Missouri House continued its work to improve the state’s legal climate in an effort to make the court system fair to all litigants, and to attract more job creators. As part of its tort reform package, the House approved legislation commonly referred to as collateral source reform.
The bill is meant to clarify that an injured person involved in a lawsuit can recover only the actual cost incurred for medical treatment. Specifically, the legislation would modify Missouri’s collateral source rule that currently prevents evidence from being admitted to show when a plaintiff’s losses have been compensated from other sources such as insurance or workers’ compensation.
Those who believe the collateral source rule needs to be reformed say the current system allows plaintiffs to make money by filing lawsuits for injuries that have already been covered by other sources. They say it allows individuals to recover damages or costs that were never incurred, while the intent of the law should be to make the plaintiff whole while creating a more business-friendly environment.
The change approved by the House clarifies that an injured person can recover the actual cost incurred for medical treatment rather than the inflated value of the treatment billed by a health care provider. Specifically, it allows evidence to be admitted in court showing the actual cost, rather than the value, of the medical care or treatment to the plaintiff.
The legislation now moves to the Senate for consideration. The bill is similar to a measure approved by the General Assembly last year that was vetoed by the previous governor. Governor Greitens is expected to sign this year’s version of the bill into law if it receives approval from both chambers.
Expert Witness Legislation Receives House Approval (HB 15)
Continuing with its tort reform efforts, the House also gave approval this week to legislation meant to improve the reliability of expert evidence that is presented to juries in Missouri state courts. The bill would implement an established standard for determining when expert-witness testimony is admissible as evidence at trial.
The proposed standard, which is commonly referred to as the Daubert standard after a 1993 U.S. Supreme Court case, is used in federal courts and in more than two-thirds of the states. Under this standard, the trial judge acts as a gatekeeper to ensure that “expert” testimony is based on “sufficient facts or data” and is the product of “reliable principles and methods.” Currently in Missouri, judges admit expert testimony if it is based on facts that are “reasonably relied upon by experts in the field.”
Supporters of the change say the bill would ensure that testimony from someone designated by lawyers as an ‘expert’ can be relied upon by citizen jurors. They say the state should ensure that evidence presented in court is trustworthy and not just a product of how much a party can afford to pay a so-called expert to say whatever supports the party’s case.
The bill now moves to the Senate for consideration.
Missouri Set to Issue Assistant Physician Licenses
Members of the Missouri General Assembly passed legislation in 2014 to help address the health care needs of Missourians in medically underserved areas. Now, the state is set to take applications beginning January 31 for the newly-created assistant physician positions that are the first of their kind in the nation.
The assistant physician position is open to medical school graduates who have passed the first two rounds of licensing exams, but have not completed a residency program. As assistant physicians, they will be able to provide primary care services while under the supervision of another physician. Assistant physicians are allowed to enter a collaborative practice arrangement with a licensed physician in a medically underserved area. The arrangement will allow the assistant physician to gain knowledge and experience while giving people in rural areas additional access to care.
As the sponsor of the bill noted, “many doctors can begin working instead of waiting on a residency, and several underserved areas will have access to an assistant physician.”
While the legislation was approved in 2014, it took more than two years for the Missouri Board of Registration for the Healing Arts to create rules and regulations for the position. The board officially began taking applications Tuesday, January 31. Additional information is available online at http://pr.mo.gov/healingarts.asp.
Governor Unveils Budget Proposal for Fiscal Year 2018
Governor Eric Greitens held a press conference Thursday to reveal his budget recommendations for the upcoming fiscal year that begins in July. Because of lagging revenue and faster-than-projected growth in health care expenditures, the governor’s budget makes more than $572 million in cuts across state government, and reduces the state workforce by 188 positions.
The House Budget Committee Chairman reacted to the governor’s proposal by saying, “It is the obligation of the General Assembly and the governor to balance the state budget in good times and bad. I commend Governor Greitens for making tough decisions. Over the next two months, the Budget Committee and entire House of Representatives will scrutinize the proposed cuts and increases and determine the greatest good that can be done for Missourians with the revenues available. Furthermore, I commit to working with the Senate and the executive branch to advance long-term solutions that will provide greater stability and viability to future budgets while maintaining the state’s Triple A credit rating.”
Some of the highlights of the governor’s budget proposal include:
$3.3 billion for the school foundation formula, ensuring that classroom funding is protected.
$2 million to expand course access through the Missouri Virtual Instruction Program so that children across the state can use technology to access Advanced Placement classes.
$13 million to cover the costs of providing special education services to students with disabilities through the High Need Fund, which provides instruction, tuition, assistive technology, supportive services, and transportation.
$10.7 million to care for children who have been abused or neglected and removed from their homes, including services for children with emotional and psychological difficulties, and expenses for children in adoptive and guardianship care placements.
Additional funding totaling $33.8 million to serve 1,472 additional individuals with developmental disabilities through case management, transitional services, and crisis residential placements.
$750,000 to provide additional services for victims of sexual and domestic violence, and their children.
$250,000 to establish a Blue Alert system so the state can find and bring swift justice to anyone who assaults a law enforcement officer.
$1 million to decrease the backlog of cases at the state’s Crime Lab.
$690,000 to provide TASERs and body armor to ensure troopers are protected and have the nonlethal tools they need.
$11 million to coordinate efforts to combat the opioid epidemic in Missouri.
$2 million to enhance cyber security and protect against potential threats, attacks, and breaches.
$115.5 million to participate in the Excellence in Mental Health Act to develop a system to serve individuals with serious mental illness and substance use disorders while promoting the delivery of efficient and effective care.
$5.5 million to ensure veterans’ home residents are provided the quality care they deserve and veterans with service-related disabilities have access to services, and to build needed ancillary facilities at veterans’ homes and cemeteries.
$2.5 million to expand drug courts and veterans’ treatment courts in Missouri to help adults and veterans struggling with mental health and substance use issues.
$2 million to reduce recidivism rates by assisting offenders in partnering with agencies and community groups so they transition successfully from custody to productive citizens.
It is a pleasure to represent you in Jefferson City. Please contact me at Patricia.Pike@house.mo.gov or 573-751-5388 for assistance on state issues.
