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Senate amends House Bill 146 to protect rural providers while preserving HMOs
Summary
Senators approved an amended House Bill 146 that adds any-willing-provider provisions and liability clarifications intended to keep HMOs operating in rural Utah while allowing independent hospitals and physicians to participate. The amendment passed after a division and a roll-call vote and the bill will be returned to the House for concurrence.
Senators on Feb. 20 debated a substitute amendment to House Bill 146 aimed at protecting rural hospitals and independent physicians while maintaining HMO participation in those communities. Sponsor Senator Blackcomb presented the amendment as a package of technical fixes and substantive changes that, he said, "keep HMOs in rural Utah but allow independent providers, the hospitals and affiliated doctors, to be part of that HMO."
Supporters, including Senator Montgomery, told colleagues amendment No.5 "reinstates liability if the HMO declines to authorize transfer of medical care," and that amendment No.7 creates an "any willing provider" option to allow independent providers to participate in HMO panels. Montgomery argued the original bill, without these changes, "would destroy rural practice." Blackcomb and backers emphasized the amendment's targeted scope, noting the affected 22 counties account for roughly 12% of the state's population while representing, by their figures, about 1.36% of total health-care dollars.
Opponents warned the changes could undermine statewide cost-control efforts and privilege provider interests over patient protections. Senator Tanner said an any-willing-provider clause "is not a patient protection amendment. This is a provider and institution protection amendment," and expressed concern it could erode collaborative efforts that have helped lower costs. Senator Mente warned voting for the amendment would amount to "a vote of no confidence to the health policy commission."
After debate the sponsor called for a call of the Senate and a division. A standing count recorded 18 senators in favor of the amendment. Questions were called and a roll-call vote on the bill as amended resulted in 22 ayes, 5 nays and 2 absent. Because the bill was amended on the floor it will be returned to the House for concurrence. The amendment package and the roll-call were handled on the Senate floor; no further executive actions were taken in this session.
