Certificate of Need Repeal / Reform
Despite diligent efforts by CON Repeal Proponents (SCOA, SC Medical Association, BCBS SC, Palmetto Promise and others) to negotiate in good faith toward meaningful reform with Repeal Opponents (primarily the SC Hospital Association and some of its members) as requested by CON Ad Hoc Subcommittee Chairman Gary Simrill, we were unable to reach an acceptable compromise to S. 290 (the CON repeal legislation passed by the Senate) prior to that subcommittee’s report to the House Ways & Means Committee. The House Ways & Means Committee then declined to pass out S. 290 to the full House for a vote.
During the final hours of the legislative session with S. 290 dead in Committee, SCOA joined other Repeal Proponents in continuing to pursue reasonable compromise that could be incorporated in a pre-existing effort to amend S. 2, the DHEC restructuring legislation. The SC Hospital Association declined all offers toward that end, and S. 2 eventually died on the House Calendar for unrelated reasons. CON repeal and DHEC restructuring are dead for 2022, but both issues will likely be front and center when a new General Assembly returns in January 2023.
In retrospect, the opportunity for CON repeal or a sunset was unlikely when S. 290 came over from the Senate for several reasons. The SC Hospital Association was well-positioned to simply run out the clock on a bill they opposed versus working to pass a bill they could support. CON Repeal opponents have blamed physicians for the stalemate citing an unwillingness to compromise, which is blatantly false. SCOA, SC Medical Association and other free enterprise advocates made numerous suggestions for meaningful amendments to S. 290, but we were not willing to settle for an empty “compromise” that failed to lower costs and increase access for patients. We remain committed to pursuing CON Repeal when the General Assembly convenes in January and are focused on enhanced education and advocacy toward that end in the interim.
Medical Cannabis
Legislation legalizing medical marijuana failed to pass the SC House after it was ruled out of order based on the constitutional requirement that revenue bills originate in the House of Representatives. No votes were taken in the full House on S. 150, which passed the Senate in February. This issue will certainly be back in 2023.
Licensure of Athletic Trainers
An amendment to S. 2, the DHEC restructuring legislation, sought to change the definition of athletic trainer; eliminate certification of ATs by DHEC; and institute licensure of ATs by SC Board of Medical Examiners. Ultimately, S. 2 passed out of the Ways and Means Committee without the AT amendment; and S. 2 itself died on the House calendar. A stand-alone House Bill (H. 4179) seeking the same changes never received a hearing in the legislative committee to which it was assigned. SCOA will work with the SC Athletic Trainers Association to achieve consensus on the details of the licensure bill prior to January 2023.
