July 01, 2010
3 min read
Save

AMA delegates adopt resolution to repeal Harkin Amendment

You've successfully added to your alerts. You will receive an email when new content is published.

Click Here to Manage Email Alerts

We were unable to process your request. Please try again later. If you continue to have this issue please contact customerservice@slackinc.com.

According to a preliminary report of actions taken by the American Medical Association’s House of Delegates at its annual meeting in June, the group adopted a resolution to repeal Section 2706 of the Patient Protection and Affordable Care Act.

Also known as the Harkin Amendment in light of its sponsorship by Tom Harkin (D-Iowa), Section 2706 states that any plans offering group or individual health insurance shall not discriminate against health care providers acting within the scope of their license. The American Optometric Association lobbied heavily for inclusion of this in the health care reform legislation and considers it a major victory.

The American Society of Anesthesiologists and the American Academy of Ophthalmology (AAO) introduced the resolution to repeal the Harkin Amendment to the AMA. During the AMA House of Delegates annual meeting, AMA Reference Committee B recommended that the resolution be adopted as amended.

The updated resolution proposes that the AMA “work to repeal” Section 2706 “through active direct and grassroots lobbying of and formal AMA written communications and/or comment letters to the Secretary of Health and Human Services and Congressional leaders …”

The resolution further states that Section 2706, “will prevent plans in 2014 and thereafter from differentiating among licensed and certified health professionals with regard to health plan participation or coverage,” and that “this new federal law could trump existing state laws and create massive confusion and patient safety issues and waste scarce health care dollars by patients seeking and being subjected to inappropriate or unproven treatments.”

The AMA Reference Committee, after hearing supportive testimony regarding this resolution, reported, “[We believe] that our AMA must be cognizant of the scope of practice problems contained in Section 2706 and work to either rescind Section 2706 or clarify that [it] does not pre-empt existing state scope of practice laws.”

AOA outgoing President Randolph E. Brooks, OD, told the AOA’s House of Delegates about this resolution during Optometry’s Meeting in June, after which he and incoming President Joe E. Ellis, OD, spoke to PCON.

“President Obama’s and Congress’ primary issue with health care reform was access for people who didn’t have access to health care,” Dr. Ellis told PCON. “We’re very discouraged with any attempt to limit access to patients, especially for eye care. The AOA is working hard to ensure that our new federal patient access/provider nondiscrimination law is implemented exactly as it was intended.

“This type of resolution to repeal the Harkin Amendment would create more confusion for patients,” he continued. “Patients have already been confused by seeing their optometrist for vision care but not medical care. The Harkin Amendment is supposed to lift barriers that any patient has with access to their eye care provider.”

AOA Washington office director Jon Hymes told PCON, “Certainly the AMA supported the final health care reform bill; it seems odd that they object to provisions that are at its heart – that provide the pro-access reforms everyone has been talking about.”

Dr. Brooks added in the interview: “We see the Harkin Amendment as a major milestone in promoting AOA’s pro-access agenda. The AMA is attempting to roll back the clock.”

The American Optometric Society (AOS) stated in a press release that it issued a letter of support to the AOA, “in its efforts to protect the Harkin Amendment and in opposing efforts by the AMA and the AAO to repeal the amendment.”

In his presidential address to the AOA House of Delegates, Dr. Brooks said he responded to AOS President Pamela Miller, OD, JD, FAAO, asking for all AOS members to join the AOA and state associations.

“We are stronger together than we can be separately,” Dr. Brooks said to the House of Delegates. “We need all ODs as members no matter what other optometric group you belong to. We are the national association that represents optometry; as such, the AOA is the voice of every one of us.”

For more information: