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Chronic Obstructive Pulmonary Disease

Chronic Obstructive Pulmonary Disease (COPD)

 Updated July 2012

This page lists state legislation from 2008-2012 of varying status (adopted, enacted, did not pass, pending) that relates to chronic obstructive pulmonary disease (COPD).  Enacted bills are shaded.  Many bills and resolutions were proposed in state legislatures across the nation, including measures to: establish and strengthen treatment plans or programs, raise awareness and encourage research, and allocate funding in appropriations bills.  The table of contents to the right connects with the corresponding section.

 

 

Establish treatment plans or programs:

 Enacted bills are shaded

California 

CA ACR 26 (2011, enacted): Encourages the state health department and key stakeholders to collaborate to implement a statewide plan and to improve COPD education.  Also designates November 2011, as COPD Awareness Month in California. Resolution No. 102

Florida

FL SB 526 (2012, did not pass): Would have required the state health department to create public health programs at the state and local levels to reduce deaths from chronic diseases, including COPD.  The department would have developed a partnership (public or private), collected and analyzed data, assessed accessibility of resources, monitored risk factors, provided educational opportunities about evidenced-based prevention and treatment, and completed a cost-benefit analysis.  Similar to FL H 1075 (2012, did not pass).

Hawaii

HI HRC 214 (2009, enacted): Requests Centers for Disease Control and Prevention to design a module to identify effective COPD treatments. Resolution No. 214

HI SR 5 (2012, adopted): Requests the Department of Health to establish a state health plan initiative to reduce the occurrences of COPD in Hawaii.  Companion bill 2012, did not pass, HI HR 10.  Similar 2012 bills: HI HCR 16 did not pass; HI HCR 154 adopted; HI HR 118 adopted; HI SCR 4 pending. Resolution No. 5

Illinois

IL H 5907 (2012, pending): Amends the Medical Assistance Article of the Public Aid Code and requires the Department of Healthcare and Family Services to start a pilot project to study patient results, for patients with chronic diseases, including COPD, or patients at risk of low birth weight or premature birth, associated with the use of disease management programs and services for chronic condition management.

Kansas

KS SR 1826 (2012, adopted): Encourages the creation of a state plan for comprehensive treatment of COPD. Resolution No. 1826

Massachusetts 

MA S 2706 (2009, enacted): Establishes a collaborative drug therapy program, a pharmacist-physician team approach to health care, based on data from patient results and cost-savings research; COPD included. Chapter No. 528-2008

MA H 4070 (2012, pending): Provides “telemedicine” medical services and monitors that transfer patient health data to doctors to certain Medicaid recipients with COPD. Formerly MA S 487 (2011, pending-carryover)

MA S 558 (2011, pending): Establishes and implements cost saving strategies through home health care and to improve the efficiency of delivering care services to citizens with chronic conditions, including COPD. Extension Order Filed. Extended until 06/29/2012

Mississippi

MS H 149 (2012, did not pass): Would have required the Mississippi Medicaid Commission to study the feasibility of implementing a pilot program to provide chronic disease management of COPD using private sources of funding in an effort to reduce the financial and clinical burden of COPD illness upon the Medicaid program and the citizens of Mississippi.  Similar to (2012, did not pass, MS H 546).

New Mexico NM SM 57 (2012, adopted): Requests the secretary of health to convene a working group to study the causes and incidence of COPD and requesting the working group to recommend effective strategies for the prevention and management of COPD, including increasing public awareness of its causes and the importance of early diagnosis.
Nevada NV S 220 (2009, enacted): Requires state health and human services to establish a COPD program to reduce the impact of the disease and to coordinate efforts to assist Nevada residents living with COPD. Chapter No. 85
New York NY S 2274 (2011, pending-carryover):  Authorizes the department of health to collaborate with not-for-profits to establish one or more demonstration programs to improve medication and treatment compliance of persons with chronic health problems, including COPD.  Programs may include proactive telephone-based reminders, risk monitoring, face-to-face patient medication evaluations and support services.  Services provided during demonstration programs may be eligible for reimbursement.  Client enrollment is voluntary. 
NY A 9485 (2012, pending): Would require teachers in public and non-public school systems to train in identifying and responding to asthma emergencies in accordance with standards of health and would create a program of asthma disease management and control within the department of health.  Persons diagnosed with COPD would be eligible for the program.  Similar to NY S 5863 (2011, pending)
NY S 7115 (2012, pending): Would amend the public health law to include weight control in the health care and wellness education and outreach program, including certain respiratory diseases and obesity within disease management demonstration programs, the reduction of emphysema, chronic bronchitis and other chronic respiratory diseases in children.  Would also direct additional respiratory disease research and amend insurance laws, in relation to wellness programs.  Similar to NY A 10016 (2012, pending).
Ohio OH H 346 (2011, pending-carryover): Provides that a firefighter, police officer, or public emergency medical services worker who is disabled while performing official duties as a result of specified types of cancer or certain contagious or infectious diseases is compensated from the Ohio Police and Fire Pension Fund.
OH H 12 (2011, pending-carryover): Would establish new requirements concerning services, providers, third-party liability, and reports for the Medicaid program.  Would also allow the department of job and family services to implement a disease management component as part of the alternative care management program.  Allows the department to review and report on the Medicaid services, and implement and evaluate a case management component to serve eligible individuals with certain medical conditions, including COPD.
Oklahoma OK S 1373 (2010, enacted): Creates the State Plan for Comprehensive Treatment of COPD Act, which then created the Oklahoma Health Information Exchange Trust to develop a plan to reduce hospital costs and COPD hospitalizations by 10 percent. Chapter No. 60, Article 178
Texas TX S 293 (2011, enacted): Provides “telemedicine” medical services and monitors that transfer patient health data to doctors to certain Medicaid recipients with chronic conditions, including COPD. Chapter No. 1205
West Virginia WV S 114 (2012, did not pass): Would have set funding and created the medication management therapy program to allow licensed pharmacists to work one-on-one with the eligible patients with at least one chronic disease, including COPD, who take multiple drugs, to develop a personal medication record to optimize therapeutic results and reduce multiple drug interactions.  Primary health care providers could identify patients with drug therapy problems, eligible for self-pay.  Otherwise, if implemented, third-party providers and state health care providers would pay a fee for services.

 

Strengthen existing programs:

  Enacted bills are shaded

Louisiana 

LA S 639 (2010, enacted): Provides relative to the Workers' Compensation Second Injury Fund; provides for a focus on re-employment and retention of employees; provides as to the frequency of meetings of the Workers' Compensation Board; relates to interest earned by the fund; provides as to when an employer has knowledge of a preexisting permanent partial disability; provides for reporting to the National Council on Compensation Insurance; provides with respect to condition diagnoses. Act No. 799
New York NY S 8676 (2008, enacted): Provides coverage and benefits for those who assisted in the 9/11 rescue. Chapter No. 489
Tennessee
                
TN HJR 1041 (2009, enacted): Encourages the state health department and key stakeholders to collaborate to strengthen COPD and tobacco cessation programs.
TN H 183 (2011, did not pass): States that no person can claim or maintain a civil action alleging asbestos exposure based on a nonmalignant condition unless there is evidence of exposure presented first. Companion bill (2011, pending TN S 249).
Vermont VT H 88 (2010, enacted): Updates the “Blueprint for Health,” an initiative to improve the quality and performance of state health care programs, to include COPD in the state Medicaid program. Act No. 128

 

Raise awareness and encourage research:

  Enacted bills are shaded

Alabama

AL HJR 290 (2012, enacted): Recognizes November 2012 as COPD Awareness Month.
California CA ACR 131 (2012, pending): Designates November 2012 as COPD Awareness Month.
Florida

FL H 9075 (2012, adopted): Recognizes February 25, 2012 as "COPD Awareness Day" in the State.

FL S 1194 (2012, adopted): Recognizes the founding of the COPD (COPD) Coalition of Florida and expresses appreciation for the organizers' commitment to raising awareness of COPD.

Georgia GA HR 458 (2011, did not pass): Recognizes the growing incidence of COPD in the state and encourages the Department of Community Health to pass regulations requiring the collection of data on COPD.

GA HR 1768 (2012, adopted): Proclaims May, 2012 as COPD Awareness Month.  Similar to GA SR 1150 (2012, adopted).

Iowa IA HR 120 (2012, adopted): Recognizes November as COPD Awareness Month.
Illinois IL HR 331 (2011, adopted): Designates the month of November as COPD Awareness Month in the state.

IL SR 714 (2012, adopted): Designates the month of November as COPD Awareness Month in the state.

Indiana IN SR 46 (2012, adopted): Urges the Governor to designate November as COPD Awareness Month.
Louisiana LA HCR 56 (2012, adopted): Proclaims November 2012 as COPD Awareness Month.
Michigan MI HR 155 (2011, adopted): Declares November 16, 2011, as COPD Awareness Day in State.
New Jersey NJ AJR 50 (2012, pending): Designates November of each year as COPD Awareness Month in the state.  Similar to: 2012, pending NJ SJR 51.
South Dakota SD SCR 3 (2012, adopted): Designates the month of November as COPD Awareness Month in the state.
Utah UT HCR 14 (2012, did not pass): Would have encouraged and supported education efforts regarding COPD and efforts to prevent the disease.

 

Appropriations:

  Enacted bills are shaded

New Mexico

NM H 315 (2012, enacted): Appropriates $1,000,000 from the tobacco settlement program to the Board of Regents of the University of New Mexico for the health sciences center to conduct lung biology research focused on smoking studies, lung cancer and COPD drug development.
Texas TX H 1 (2011, enacted): Requires a cost-benefit analysis for adding telemonitoring services within the Texas Health Management Program for other conditions, including COPD, under certain circumstances.  Appropriated $322 per case for FY 2012 and FY 2013 to the University of Texas Health Science Center at Tyler for the treatment of inpatients and outpatients with pulmonary, respiratory and other diseases of the chest. Chapter No. 1355
Virginia VA H 29 (2008, enacted): Appropriates $57,250 from the general fund and $57,250 in non-general funds in the second year to the Department of Medical Assistance Services for amending its disease state management contract to include coverage of COPD. Chapter No. 847

 

Other COPD Legislation:

  Enacted bills are shaded

Georgia

GA S 445 (2012, did not pass): Would have required optometrists treating glaucoma with topical pharmaceutical agents to take a complete case history and determine whether the patient has any history of congestive heart failure, bradycardia, heart block, asthma, or COPD. If so, that patient must be referred to specialist for examination prior to initiating treatment.
Illinois IL HJR 34 (2011, pending-carryover): Supports the United States Environmental Protection Agency in its efforts to protect the health of Illinoisans and fulfill the charge of the Clean Air Act to clean up dangerous air pollution, including mercury, lead, soot, smog, and carbon pollution.
New York NY S 6423 (2012, pending):  Enacts the Omnibus Obesity and Respiratory Illness Reduction Act to establish a community gardens task force and provide for direct marketing of fresh vegetables and fruits in areas with a high incidence of adult and child obesity.  The Act would also provide screening for childhood obesity by elementary and secondary schools, promote the availability of certain healthy foods and beverages, and regulate of the use of trans fats, requiring nutritional information.  Eligibility in the screening and nutritional information demonstrations is based on criteria established by the DEPARTMENT and shall be limited to specified Medicare and Medicaid recipients, those who experience high rates of hospitalization, and those diagnosed with chronic health problems, including COPD.  Similar to NY A 9394 (2012, pending).
Vermont VT H 154 (2011, did not pass): Proposes to prohibit motor vehicles with a gross vehicle weight rating of more than 10,000 pounds from idling more than five minutes in any 60-minute period unless authorized under rules adopted by the commissioner of motor vehicles; exempts military, law enforcement, emergency, and armored vehicles exhaust linked to respiratory diseases, including COPD.  Similar to VT S 81 (2011, did not pass).

 

Other NCSL Resources

Fighting Against Chronic Obstructive Pulmonary Disease—a 2012 NCSL brief that describes COPD and provides examples of state and federal action to reduce the impact of the disease.

Chronic Disease Prevention and Health Promotion—a webpage that outlines facts about chronic diseases, what policymakers can do to help reduce the prevalence, health effects and costs of chronic disease and conditions, and additional resources.

Public Health and Prevention—an overview of NCSL resources on public health and prevention that address: emergency preparedness, health promotion and disease prevention, healthy communities, injury prevention, nutrition, oral and dental health, physical activity and fitness, school health, school nutrition, tobacco and smoking, vaccines and immunizations, and wellness.


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