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Managed care bill hits wall over rulemaking dispute

JEFFERSON CITY - A legislative battle is keeping the managed health care regulation bill from continuing to advance through the legislative process.

With three days remaining in the regular session, the bill, which would increase consumer rights when dealing with managed care companies, still has to be heard by a House-Senate conference committee and go to both legislative bodies for final approval.

Instead, it's being held up by debate over whether to inlcude language in the bill that would allow the legislature to suspend a rule made by a state agency that lawmakers feel exceeds the agency's duties.

Senate sponsor Joe Maxwell, D-Mexico, said he doesn't care if the language is in the bill.

House sponsor Tim Harlan, D-Columbia, said he would like to have the bill include the language but would be satisfied without it.

"I'm probably not as partial about this language," Harlan said. "I would hate to see it killed over something that isn't related to managed care."

Althouth neither sponsor cares about including the language, it is being stalled to appease the Senate Judiciary Chairman, John Schneider, D-St. Louis County.

Both Maxwell and Harlan said time is getting tight to get the bill into a law, but they agreed there are still possibilities for moving it along.

"In that there's not a disagreement about the substantive part of the bill, it's not too late," Maxwell said of the high level of support the bill received from both chambers.

Maxwell said the final decision about whether to include the language rests on the shoulders of Schneider, who he said is "meddling in my peapod."

"As far as I'm concerned, it's worked out," Schneider said.

He said an agreement had been reached over the dispute that Maxwell was not yet aware of. Schneider refused to comment further.

However, Chris Sifford, spokesman for Gov. Mel Carnahan, said the proposal is unacceptable.

"If the language is included, the bill would be in danger of being vetoed," he said. "We just want out agencies to be able to make rules."

The governor has pledged his support to the managed care bill without the rulemaking language.

Harlan said he doesn't see the problem as being related to the managed care bill.

"This is the first major bill to be passed by both houses, so we get caught in it," he said.

Harlan said that, although the bill could be passed without any changes, he would prefer to add the rulemaking language.

"We have until Friday to do that," he said.

Maxwell gave lawmakers until this afternoon to come to a decision in time for the bill to remain viable.