The arguments used by ODs is the same CRNAs are using against anesthesiologists. Once the flood gates are open, there's no stopping. they will continue to push until they are seen as equal in the eyes of the law.
You are correct. Optometrists are now taking it to the federal level to include the word "surgery" in their scope of practice. This is similar to methods used in the past to introduce new scope. While ODs will not be doing cataract surgery by the end of the decade, this slow movement towards changing legislation sets up the stage for optometric surgery in the future.
Included below is a new bill being considered at the FEDERAL LEVEL. Usually, scope of practice issues are dealt with at the state level. Here are some facts about this bill and the Amercian Academy of Ophthalmology's opinion.
Facts about this bill:
American Academy of Ophthalmology Strongly Opposes the Optometric Equity in Medicaid Act of 2007 H.R. 1983
H.R. 1983 is about Scope of Practice not equity.
While optometry has failed in their attempt to pass surgery privileges in 17 states since it passed in Oklahoma in 1998, they continue to press for licensure expansion into surgery.
The inclusion of the word surgery in a national programs description of their services will be used by optometry as a federal stamp of approval to pressure states which to date have refused O.D. state surgical initiatives to expand O.D. licensure to include surgical services.
Inserting H. R. 1983 into the provisions of the current statute would be a highly unusual move. The statute in question only refers to physicians and dentists. No other health care practitioners are included in this section of the statute that optometrists are attempting to amend.
Federal intervention is unnecessary.
In fact, current law (42U.S.C. 1396 (d)(a)(6)) permits funds to pay for medical care, or any other type of remedial care recognized under State law, furnished by licensed practitioners within the scope of practice as defined by State law.
The legislation is precedent setting.
H.R. 1983 would amend a section of the federal Medicaid statute that describes medical and surgical services provided by physicians and dentists. No non-physician practitioners are included in that section.
Licensure scope is a states rights issue.
There are significant questions over what optometrist state licensure permits in key states around the country. Optometric licensure and education varies considerably from state to state. Several states specifically prohibit surgery by optometrists yet optometric boards are demanding reimbursement for multiple surgical codes. These issues should be left to the state to work out. A Federal law that would require state Medicaid programs to reimburse optometrists for an unspecified mix of surgical procedures is not appropriate. It would limit state programs ability planning and control expenditures and leave taxpayers holding the bag.
The public wants to know who is the MD.
The public is very confused over the difference between eye care practitioners and much of this is due to representation by optometry as physicians and surgeons even though they do not attend medical school. H.R. 1983 only adds to this consumer confusion.
Leading national physician organizations oppose H.R. 1983 including:
American Medical Association
American College of Surgeons
American Society of Cataract and Refractive Surgeons
110TH CONGRESS 1ST SESSION
H. R. 1983
To amend title XIX of the Social Security Act to require Medicaid coverage
of professional services of optometrists that are otherwise covered when
furnished by a physician.
IN THE HOUSE OF REPRESENTATIVES
APRIL 20, 2007
Ms. SCHAKOWSKY (for herself, Mrs. BONO, Mr. BOOZMAN, and Mr. WYNN)
introduced the following bill; which was referred to the Committee on Energy
and Commerce
A BILL
To amend title XIX of the Social Security Act to require
Medicaid coverage of professional services of optometrists
that are otherwise covered when furnished by a physician.
1 Be it enacted by the Senate and House of Representa
2 tives of the United States of America in Congress assembled,
3
SECTION 1. SHORT TITLE.
4 This Act may be cited as the Optometric Equity in
5 Medicaid Act of 2007. VerDate Aug 31 2005 16:41 Apr 22, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1983.IH H1983 sroberts on PROD1PC70 with BILLS
2
1 SEC. 2. REQUIRING MEDICAID COVERAGE OF PROFES
2 SIONAL SERVICES OF OPTOMETRISTS THAT
3 ARE OTHERWISE COVERED WHEN FUR
4 NISHED BY A PHYSICIAN.
5 (a) IN GENERAL.Section 1905(a)(5) of the Social
6 Security Act (42 U.S.C. 1396d(a)(5)) is amended
7 (1) by striking and before (B); and
8 (2) by inserting before the semicolon at the end
9 the following: , and (C) medical and surgical serv
10 ices furnished by an optometrist (described in sec
11 tion 1861(r)(4)) to the extent such services may be
12 performed under State law either by a doctor of
13 medicine or by a doctor of optometry and would be
14 described in clause (A) if furnished by a physician
15 (as defined in section 1861(r)(1)).
16 (b) EFFECTIVE DATE.The amendments made by
17 subsection (a) shall take effect on the date of the enact
18 ment of this Act.