94^th Legislative Session _ 2019

Committee: Senate Health and Human Services

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    DiSanto
E    Foster
P    Jensen (Phil)
P    Rusch
P    Solano
P    Steinhauer, Vice-Chair
P    Soholt, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Deb Soholt, Chair.

MOTION:    TO APPROVE THE MINUTES OF WEDNESDAY, JANUARY 30, 2019

Moved by:    Steinhauer
Second by:    Solano
Action:    Prevailed by voice vote.

    SB 70: revise certain provisions regarding hospital liens.

Presented by:    Senator Stace Nelson
Proponents:    Senator Lee Schoenbeck
        Steve Siegel, South Dakota Trial Lawyers Association

MOTION:    AMEND SB 70

70ba

    On page 1 of the printed bill, delete lines 4 to 13, inclusive, and insert:

"

    If the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall, before filing a lien under § 44-12-4, submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider

contract or an insurance policy or plan.

    If after filing a lien the hospital receives notification regarding the availability of a third-party payor of healthcare benefits for the injured person, the hospital shall submit to the payor for payment any reasonable and necessary charges for the treatment, care, and maintenance of the injured person, to the extent permitted by law or by any applicable contract, including a preferred provider contract or an insurance policy or plan.

    The hospital shall submit such charges to the payor in the same amounts and upon the same terms and conditions under which it submits charges for patients who do not have a claim against another for damages caused by an injury.

    If the period prescribed by law or by contract for submitting such charges to the payor has expired through no fault of the hospital or if the payor has refused to pay the charges, the hospital may file a lien or enforce an existing lien.".

    On page 2, delete lines 1 to 3, inclusive.

Moved by:    Rusch
Second by:    Solano
Action:    Prevailed by voice vote.

MOTION:    DO PASS SB 70 AS AMENDED

Moved by:    Rusch
Second by:    Steinhauer
Action:    Prevailed by roll call vote. (6-0-1-0)

Voting Yes:    DiSanto, Jensen (Phil), Rusch, Solano, Steinhauer, Soholt

Excused:    Foster

MOTION:    PLACE SB 70 ON CONSENT CALENDAR

Moved by:    Steinhauer
Second by:    Rusch
Action:    Prevailed by voice vote.

    SB 85: revise the deadline for the Department of Health's annual report regarding abortions.

Presented by:    Senator Jim Stalzer
Proponents:    Dale Bartscher, South Dakota Right to Life

MOTION:    DO PASS SB 85

Moved by:    Steinhauer

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Second by:    Rusch
Action:    Prevailed by roll call vote. (5-0-2-0)

Voting Yes:    DiSanto, Jensen (Phil), Rusch, Steinhauer, Soholt

Excused:    Foster, Solano

MOTION:    PLACE SB 85 ON CONSENT CALENDAR

Moved by:    Steinhauer
Second by:    DiSanto
Action:    Prevailed by voice vote.

    HB 1121: repeal certain provisions regarding health inspections of food service establishments.

Presented by:    Nathan Sanderson, South Dakota Retailers Association

MOTION:    DO PASS HB 1121

Moved by:    Steinhauer
Second by:    DiSanto
Action:    Prevailed by roll call vote. (5-0-2-0)

Voting Yes:    DiSanto, Jensen (Phil), Rusch, Steinhauer, Soholt

Excused:    Foster, Solano

MOTION:    PLACE HB 1121 ON CONSENT CALENDAR

Moved by:    Rusch
Second by:    Steinhauer
Action:    Prevailed by voice vote.

MOTION:    ADJOURN

Moved by:    DiSanto
Second by:    Jensen (Phil)
Action:    Prevailed by voice vote.

Rena Ortbahn

Committee Secretary

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