Legislature(2003 - 2004)

2003-05-18 House Journal

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2003-05-18                     House Journal                      Page 1889
SB 109                                                                                            
The following, which was advanced to third reading from the May 17,                                 
2003, calendar (page 1813), was read the third time:                                                
    HOUSE CS FOR SENATE BILL NO. 109(RLS)                                                           
    "An Act repealing the statute that sets priorities for the                                      
    Department of Health and Social Services to apply to                                            
    administration of the medical assistance program when there are                                 
    insufficient funds allocated in the state budget for that program;                              
    authorizing the department to make cost containment decisions                                   

2003-05-18                     House Journal                      Page 1890
    that may include decisions about eligibility of persons and                                     
    availability of services under the medical assistance program; and                              
    providing for an effective date."                                                               
The Speaker stated that, without objection, the rules would be                                      
suspended and the bill would be returned to second reading for all                                  
Amendment No. 1 was not offered (page 1813).                                                        
Amendment No. 2 was not offered.                                                                    
Amendment No. 3 was offered  by Representative McGuire:                                              
Page 3, following line 21:                                                                          
 Insert a new subsection to read:                                                                   
     "(d)  Notwithstanding other provisions of this section, the                                    
    department may not implement a cost containment measure that                                    
    would prohibit a recipient of medical assistance under this chapter                             
    from having unrestricted access to drugs prescribed for the                                     
    recipient for the treatment of mental illness, including                                        
    schizophrenia, bipolar disorder, depression, an anxiety disorder,                               
    attention deficit disorder, or attention deficit hyperactivity.                                 
    Restrictions prohibited by this subsection include a prior or                                   
    retroactive approval process, restrictive formulary, preferred drug                             
    or product list, or therapeutic substitution."                                                  
Representative McGuire moved and asked unanimous consent that                                       
Amendment No. 3 be adopted.                                                                         
Representative Cissna objected.                                                                     
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                  
was taken with the following result:                                                                
HCS SB 109(RLS)                                                                                     
Second Reading                                                                                      
Amendment No. 3                                                                                     
YEAS:  16   NAYS:  20   EXCUSED:  4   ABSENT:  0                                                  

2003-05-18                     House Journal                      Page 1891
Yeas:  Anderson, Berkowitz, Chenault, Fate, Gara, Guttenberg,                                       
Heinze, Kerttula, Kohring, Kookesh, Kott, Masek, McGuire, Meyer,                                    
Morgan, Samuels                                                                                     
Nays:  Cissna, Coghill, Crawford, Dahlstrom, Foster, Gatto,                                         
Gruenberg, Harris, Hawker, Holm, Lynn, Ogg, Rokeberg, Seaton,                                       
Stoltze, Weyhrauch, Whitaker, Williams, Wilson, Wolf                                                
Excused:  Croft, Joule, Kapsner, Moses                                                              
And so, Amendment No. 3 was not adopted.                                                            
HCS SB 109(RLS) was automatically back in third reading.                                            
The question being:  "Shall HCS SB 109(RLS) pass the House?"  The                                   
roll was taken with the following result:                                                           
HCS SB 109(RLS)                                                                                     
Third Reading                                                                                       
Final Passage                                                                                       
YEAS:  32   NAYS:  4   EXCUSED:  4   ABSENT:  0                                                   
Yeas:  Anderson, Berkowitz, Chenault, Cissna, Coghill, Crawford,                                    
Dahlstrom, Fate, Foster, Gatto, Gruenberg, Guttenberg, Harris,                                      
Hawker, Heinze, Holm, Kohring, Lynn, Masek, McGuire, Meyer,                                         
Morgan, Ogg, Rokeberg, Samuels, Seaton, Stoltze, Weyhrauch,                                         
Whitaker, Williams, Wilson, Wolf                                                                    
Nays:  Gara, Kerttula, Kookesh, Kott                                                                
Excused:  Croft, Joule, Kapsner, Moses                                                              
And so, HCS SB 109(RLS) passed the House.                                                           
Representative Coghill moved and asked unanimous consent that the                                   
roll call on the passage of the bill be considered the roll call on the                             
effective date clause.  There being no objection, it was so ordered.                                
Representative Kerttula gave notice of reconsideration of the vote on                               
HCS SB 109(RLS).