Legislative Update

ATOM has been working diligently on our legislative goals for the 2013-2014 legislative session.  We recently met with several State Senators and Representatives with history in health care and public health to present our legislative goals and to develop strategies. As a result we obtained some excellent counseling as well as enthusiastic support for the two bills we have introduced in the legislature. 

Therefore, ATOM has filed two bills;

            1) "An Act Relative to the Practice of Athletic Training"

As our practice has expanded into military, industrial, and other non-traditional settings, our current practice act does not fully reflect our current practice, and this bill simply aims to rectify that discrepancy.  This bill has been sponsored by Senator Michael Rush and Representative Martin Walsh.  Additional supporters of the bill are Representative Kevin Honan, Representative Edward Coppinger and Senator Thomas McGee.  The specific language that was utilized in the bill is as follows

AN ACT TO REDEFINE THE PRACTICE OF ATHLETIC TRAINING

Section 23A of Chapter 112 of the General Laws is hereby amended by striking the existing text and replacing it with the following updated language:

M.G.L. c. 112, § 23A: “Athletic training”, the application of principles, methods and procedures of evaluation and treatment of injuries, preconditioning, conditioning and reconditioning of the patient through the use of appropriate preventative and supportive devices, splinting and bracing, physical modalities including but not limited to heat, cold, massage, water, electric stimulation, sound, exercise and exercise equipment. Athletic training includes instruction to coaches, athletes, parents, medical personnel and community organization in the area of treatment, care and prevention of athletic injuries.

“Athletic trainer”, any person who is duly licensed in accordance with this section as an athletic trainer whose practice includes individuals, schools, teams or organizations and who practices with the guidance of a physician or dentist duly registered in the commonwealth.

            2) "An Act Promoting Consumer Choice in Health Care".

This bill aims to give consumers the right to choose athletic trainers as their preferred healthcare provider for rehabilitative services much as they would choose any other healthcare provider dependent upon their needs. Part of this bill is an anti-discrimination clause (similar to the one that was filed in Vermont) that would not allow insurance companies to deny licensed athletic trainers reimbursement for services rendered within the legal limits of their practice.  This bill has been sponsored by Representative Martin Walsh, and Senator Thomas McGee.  Additional supporters include Representative Kevin Honan, Senator Michael Rush and Representative Edward Coppinger.  The specific language that was utilized in the bill is as follows:  

AN ACT PROMOTING CONSUMER CHOICE IN HEALTH CARE

Chapter 175 of the General Laws is hereby amended by adding at the end of said Chapter the following section:

SECTION__A licensed athletic trainer, acting with a referral from a physician, who acts within the scope of practice authorized by law shall not be denied reimbursement by the health insurer for those covered services if the health insurer would reimburse another health care provider for those services. This Section pertains only to those health plans that provide coverage for a particular type of health service, or for any particular medical condition that is within the scope of practice of licensed athletic trainers.

Services provided by licensed athletic trainers may be subject to reasonable deductibles, co-payment and co-insurance amounts, fee or benefit limits, practice parameters, and utilization review consistent with applicable rules adopted by the Division of Insurance; provided that the amounts, limits, and review shall not function to direct treatment in a manner unfairly discriminative against athletic trainer care, and collectively shall be no more restrictive than those applicable under the same policy for care or services provided by other health care providers.

Nothing in this Section shall be construed as impeding or preventing either the provision or coverage of health care services by licensed athletic trainers within the lawful scope of athletic trainer practice.

As used in this section, “health insurance plan” means an individual or group health insurance policy, a hospital or medical service corporation or health maintenance organization subscriber contract, or another health benefit plan offered, issued, or renewed for a person by a health insurer. The term shall not include benefit plans providing coverage for specific disease or other limited benefit coverage.  

Despite the fact that the bills have already been filed, we are only in the beginning stages of this process and member feedback will play an active role in refining our strategies as we move forward.  We are in the process of planning some open forums in the coming months to discuss these matters with our members.  As this process has moved along surprisingly quickly, we felt that it was the right time to alert the membership of our actions prior to things moving along any further.

It is important to note that this legislative agenda is not new to ATOM. We are however at a critical point in what has been a multi-year plan involving many components. As we returned to the state house for this legislative session to continue our work promoting our profession it became clear that we had a window of opportunity and a strong level of support from our bill sponsors.  The filing of our Bills is just the beginning of what will be a long and difficult process that will need the collective effort of all ATOM members and friends.

We are excited and passionate about moving these bills forward through the legislative process.  In the coming months, we will be providing ATOM members with some specific instructions for how everyone can get involved in pushing our agenda forward.  It will require a monumental organized effort from our members, but we are confident that with the help of everyone, we can accomplish our goals.