SCOA Legislative Update & Call to Action
Issue:
SCOA supports S. 164 as passed by the Senate which eliminates CON for everything except nursing homes and ASCs with more than 8 ORs. Additionally, S. 164 prohibits hospitals from imposing non-compete clauses in employment negotiations with physicians.
Call to Action:
SC House Members are on break in their home districts until March 28 so now is the time to contact your Representative in support of CON Repeal. Be assured that all House members are hearing from a large, well-organized hospital lobby in opposition to Repeal. Your voice is needed to counter that opposition. While substantial support for S. 164 exists in the House, the outcome is far from certain. Please contact all House members in your county and practice area this week. Also consider informing your staff and patients of this issue. Several resources are linked below to assist you.

Crux of the issue: CON blocks access to lower cost healthcare settings for SC Citizens and puts them at higher risk of incurring medical debt from exorbitant out-of-pocket expenses.

Contact the SCOA Legislative Affairs Team any time if you need help reaching House Members or have questions about the issue:
Tony Denny – (803) 315-9648 / [email protected]
Le Frye – (803) 360-1489 / [email protected]
Next Steps for S. 164:
We believe the House 3M Medical Subcommittee will vote on S. 164 in early April. The sub-committee may endorse the Bill as passed by the Senate, recommend amendments to the Bill, or decline to recommend the Bill to the full 3M Committee. The full 3M Committee will undergo a similar process to determine what amendments, if any, will be added to the Bill before it is passed to the full House for debate. The Speaker of the House will determine what priority the Bill is given on the House calendar.

While SCOA strongly supports S. 164, we expect multiple compromise amendments will be introduced in Committee to dilute the existing bill. With Representatives now back home in their districts, the hospital lobby will be fully engaged in efforts to weaken or block the repeal legislation. Most of the proposed changes will do nothing but raise costs for patients and limit access to care. 
Other Issues:
S. 164 is our current priority because it is actively moving through the Committee process. We are monitoring S. 553 that would expand scope of practice for both APRNs and PAs. The bill has been referred to the Senate Medical Affairs Committee, but has not yet been assigned a hearing date.

Similarly, H. 3687 to allow unlimited direct access to Physical Therapy without a physician’s order has been referred to the House LCI Committee, but it has not been assigned a hearing date.
South Carolina Orthopaedic Association www.scoanet.org
844-234-7800