Members of the Judiciary Committee moved and approved a recommendation of "inexpedient to legislate" on Senate Bill 123-FN after a short discussion focused on projected costs and the available evidence for auricular acupuncture as a Medicaid-covered treatment.

The motion to recommend ITL was made by Senator Birdsall and seconded by Senator Rosenwald. Committee discussion raised concern about the fiscal impact and the strength of evidence supporting the bill’s proposal to expand Medicaid coverage to include auricular acupuncture.

A committee member said the committee faces significant budget pressures, noting a cited $50 million back-end budget cut in Health and Human Services, an additional $17 million to $20 million in delayed revenue, and that current-month revenue collections were "coming in, like, 30 something million behind," plus a referenced $10 million expenditure to the attorney general and defense. The member said testimony estimated the proposal would cost between $1 million and $5 million and indicated that, on balance, they supported the ITL motion.

A committee speaker who identified having consulted clinical review wrote that the state does not cover acupuncture under Medicaid. That speaker said they asked Dr. Ballard to re-review the evidence for auricular acupuncture and that Dr. Ballard "determined that there is still no change in level of evidence. There is some limited evidence of its use, but not conclusive as an evidence based beneficial treatment that meets the Medicaid level of medical necessity." The speaker added, "So it wouldn't be my first choice of where to expand Medicaid."

One senator asked whether the bill would be better handled as an interim study given the presence of other senators with interest; another committee member said any interim study would be better placed in the Health and Human Services Committee because the bill already passed that committee and the current discussion centered on fiscal impacts.

With no further discussion, the committee proceeded to a voice vote. The chair called for ayes and nays; the motion to recommend ITL carried by voice vote. The transcript does not record individual roll-call votes or numeric tallies.

The committee took up a consent calendar after the ITL motion; committee members approved the consent items by voice vote and then adjourned.