Quarterly news & updates
9/2/2020| Issue 3
Legislative Updates
2020-Special Session Report
The special session of the 56th legislature was anything but dull. Day 1 saw hundreds of protesters in a scuffle with police. A glass door was broken in the melee which subsided only after the Speaker allowed more people in the gallery if they behaved with decorum. On Day 2 protesters delayed a House Judiciary hearing for over 2 hours and saw a protester arrested. Day 3 saw more protests and more arrests. Most of the protesters were advocating for an end to the Governor’s emergency declaration. When the session concluded after 9PM on Wednesday the emergency declaration remained in place, but the following actions had passed:
  • House Resolution 1: The resolution simply encourages the Governor to utilize all necessary options to procure enough poll workers for the November 2020 election; including using federal CARES Act funds to advertise, train, and provide financial incentives to poll workers.
  • HB 1: The legislation adds language ensuring voters always be provided the opportunity for in-person voting regardless of a state of emergency, extreme emergency, or disaster emergency. This bill has been signed by the Governor
  • HB 6: Immunity from civil liability was the most controversial issue of the special session. HB 6 was the last of several versions of a bill to give civil liability immunity to school districts, health care providers and facilities and other businesses. The legislation had many iterations, the result included the following details:  
  • Civil liability immunity is given in all claims of exposure and transmission of coronavirus except those involving intentional torts.
  • No declaration of emergency is required by the Governor.
  • Good faith actions are not required (as a previous bills) instead it only revokes. immunity for “willful or reckless misconduct”.
  • Immunity is not given to the state government (except for higher ed).
  • Immunity is given to schools, cities, counties, churches, businesses, and individuals.
  • The legislation sunsets on 7/1/21, meaning the legislature will likely take up the issue again in January.
  • This legislation has been signed by the Governor and is now in effect.
  • SB 1: This legislation was requested by the County Clerks and gives them more flexibility with regards to the mailing and counting of absentee ballots. This legislation is on the Governor’s desk. 

With the special session over and all legislators on the November ballot it is full campaign mode for the next two months.

Enjoy the remainder of summer.
Sincerely,
Kris
Dear Colleagues,

Very little has happened on the legislative front in Idaho recently. The pandemic has made one on one lobbying efforts very difficult. With the Idaho Legislature focused on other things we are in a bit of a holding pattern. In addition, we expect the make up of key legislative committees to change dramatically after the upcoming election. There are, however; a couple of things I wanted to make everyone aware of.

On a positive note nationally, the Veterans of Health Affairs updated its policy on eye care to more fully allow optometrists the opportunity to practice to the level of their training. Specifically, the wording of the eye care policy in the VA handbook has removed the part allowing only ophthalmologists to perform selective laser trabeculoplasty and YAG capsulotomy.

In a letter from the AOA dated August 27.2020 we read the following: “This recent VA action is one in a series of access-focused efforts, including an April 2020 policy underscoring that veterans are best served when all VA doctors of optometry and other essential care providers deliver care with full practice authority.” Obviously, this is a step in the right direction and, safety concerns within the VA, hopefully, will no longer be used as a club to beat wayward state affiliates into submission. This was brought up by the opposition during our recent scope battle in Idaho.

In other eye related national news, the FTC is still on track to enforce a new rule change requiring eye care providers to get signed acknowledgement forms indicating patients’ receipt of contact lens prescriptions and to keep record of that confirmation for at least three years. The AOA has formally requested enforcement of this new rule to be delayed until January of 2021. The AOA has continued to work with house and senate leaders to oppose this burdensome rule ahead of implementation.

As always, we welcome input as we represent the profession of optometry and the health and wellbeing of our patients.

Sincerely,
Rustin M. Hatch OD
IOP Legislative Chair
IMPAC - Informal Medicare Professional Advisory Council (formerly CAC)
Dear Colleagues,

I hope everyone is staying healthy this year. I have a few updates for you about some topics that were discussed at the last IMPAC meeting.

 CMS has sent out some guidance on how to bill for telehealth exams. I will not list all the codes here, but for more information on what constitutes a telehealth visit and additional information about billing please follow this link: https://www.cms.gov/Medicare/Medicare-General-Information/Telehealth/Telehealth-Codes

CMS is now requiring prior authorizations for additional procedures. Blepharoplasty and botulinum toxin injections will now require a prior authorization if performed on or after July, 1 2020. This change will not influence everyone’s practice, but it is good for all of us to know this information to help with patient expectations when referring.

I also wanted to provide links to a few resources CMS has put out for COVID-19 issues.

Gideon Bender
IMPAC Representative
2020 Task Force

The communication committee’s primary task this last year was the ‘2020 Task Force.’ It attempted to inform the public about the merits of optometric education and scope expansion. Due to the expense and optimistic potential of this project we have decided to continue it into the future. Since ‘2020’ has lost much of its positive zip and relevance, we have affectionately renamed this committee the ‘IOP Media Task Force.’ The responsibility of this committee will be to provide all of Idaho’s communities with accurate information regarding the services, training, and dedication that Idaho Optometrists provide to the great state of Idaho. This will be done principally through the media arts, focusing on Optometry’s dedication to serving patient health as the fundamental consideration of the faithful and conscientious practice of full scope optometry.

Currently we are working on editing videos collected earlier this year. Dr. Neal Guymon, an IOP member and Optometrist, has been graciously and diligently leading this effort. If you have any interest in the craft of social media and/or videography and wish to be a part of this committee, please contact me or our Executive Director Lisa White.

Daniel D. Schrempp O.D.
IOP President Elect