Experimental treatment and physician assisted suicide
Two bills that address end-of-life decisions by Montanans recently met with differing results in the Montana Legislature.
Other bills of interest included an alternative to Gov. Steve Bullock’s Medicaid expansion proposal, pay increases for state workers, mandatory drug screening for welfare recipients, and tax credits for private school tuition.
• A bill that would allow terminally ill patients to use experimental procedures was passed as amended in the House by 93-7 on March 10 and in the Senate by 50-0 on March 16. The Right To Try Bill was forwarded to Bullock for his signature.
Sponsored by Sen. Cary Smith, R-Billings, Senate Bill 142 would allow patients who have exhausted all federally-approved treatments to seek out experimental drugs, biological products or medical devices that have successfully completed phase 1 clinical trials that have not been approved for general use by the U.S. Food and Drug Administration.
• A bill that further criminalizes Montana’s aid in dying law was passed in the House by 51-48 on a third reading on March 17 after earlier deadlocking 50-50 on March 13. House Bill 477 was scheduled for a hearing in the Senate Judiciary Committee on March 18.
Sponsored by Rep. Jerry Bennett, R-Libby, the bill would add the words “physician-assisted suicide” to the section of state law under “aiding or soliciting suicide.” Those who are convicted of violating the law would face up to 10 years in prison.
The Montana Supreme Court in 2009 ruled that while a right to die by physician-assisted suicide is not guaranteed under the state constitution, no legal precedent existed that says such assistance is against “public policy.” HB 477 would make physician-assisted suicide against public policy.
Since the court ruling, bills stating that physician-assisted suicide was against public policy failed to pass in the legislature. The House’s 41 Democrats have consistently opposed HB 477.
• A bill that would attach strings to how Medicaid could be expanded in Montana was scheduled for a hearing in the Senate Public Health, Welfare and Safety Committee on March 20.
Sponsored by Sen. Ed Buttrey, R-Great Falls, Senate Bill 405, the Montana Health and Economic Livelihood Partnership Act, comes after Bullock’s Medicaid expansion proposal was defeated in the legislature this year.
SB 405 calls for the state to accept federal funding to expand Medicaid eligibility for people with incomes below 138 percent of the federal poverty level, about $16,200 per year for an individual in 2015.
But people who enrolled in the program would have to pay health care premiums and co-payments for certain services. They would also be required to participate in a workplace assessment survey under the Montana Department of Labor which would create a job placement plan that could include training.
Fees would also be charged if people were found to be hiding assets in order to qualify for coverage. The program would sunset in four years, so the legislature could review it and decide if it should be renewed.
• Representatives from more than 20 state unions showed up for a hearing on a bill that would increase state workers pay by 50 cents per hour.
Introduced by Rep. Kathy Swanson, D-Anaconda, House Bill 13 had a hearing before the House Appropriations Committee on March 16 after an earlier hearing was canceled on Feb. 9.
HB 13 calls for appropriating $42.5 million to pay for the pay raises and higher costs for health insurance premiums. Swanson said the bill is not generous but is the result of negotiations between Bullock and the unions.
Swanson noted that the salaries for some state jobs are so low, the workers qualify for food stamps. Many state workers have second jobs to make ends meet, she said.
• A bill that would require all welfare recipients in Montana to undergo drug screening and possibly testing before receiving benefits passed the Senate by 55-45 on a third reading on Feb. 20 but was tabled in the Senate Public Health, Welfare and Safety Committee on March 13.
Sponsored by Rep. Randall Pinocci, R-Sun River, House Bill 200 was killed by a 6-1 committee vote. Sen. Fred Thomas, R-Stevensville, the committee chairman, said he agreed with the intent of reining in welfare spending but didn’t think HB 200 took the correct path.
Pinocci said he’d try to find a senator to blast the bill out of the committee to the Senate floor.
“A large percentage of Montanans want this bill,” he said, basing his opinion on the results of a Great Falls Tribune “question of the day” survey online.
• A bill that would provide tax credits for private school tuition passed the House by 53-47 on a second reading on March 17 and was scheduled for a hearing before the House Appropriations Committee on March 24.
Sponsored by Rep. Seth Berglee, R-Joliet, House Bill 433 would provide up to $1,000 in nonrefundable tax credits to people who pay for elementary or secondary school tuition.
Opponents said HB 433 violates the Montana Constitution by indirectly providing money to sectarian institutions. A similar proposal died in the 2013 Legislature.