Is Your State on the Affordability Bandwagon?

After the limb-loss community’s outstanding legislative achievements in 2023, hopes for 2024 are justifiably high. In case you’ve forgotten (and we never get tired of repeating this), four states enacted laws requiring insurers to cover activity-specific devices, diluting or entirely eliminating the go-to excuse—”not medically necessary”—for denying claims. That outcome far surpassed organizers’ original goals: More bills passed, with a broader impact and much greater bipartisan support, than anybody dared to hope.

National organizers spent the last half of 2023 building on that momentum, and they’re poised to meet or exceed last year’s results in 2024. As state legislatures reconvene this month, lawmakers in a handful of states will find prosthetic insurance reform already on the docket. A second handful of states are likely to have bills introduced at some point this spring. And advocates in close to a dozen states are already working on bills for 2025.

So where does your state sit in the pipeline? And how can you get involved in the effort? Scroll down to find out. We’ve listed the states in rough order of ripeness, beginning with those that seem likeliest to pass a bill during this term. You can always get more info at our Legislative Tracker, which we’ll be updating throughout the lawmaking season, and at the national organizers’ website.

This campaign, which is branded as So Everybody Can Move, is a true grassroots movement that has succeeded almost entirely through the efforts of ordinary citizens. The long-range goal is a federal law that makes prosthetic devices affordable and accessible for everyone—and after last year’s triumphs, that actually feels like a reachable objective.

INDIANA: HB 1433 was introduced last session and sailed through the House, passing on a unanimous 91-0 floor vote in March 2023. It ran into a roadblock in a State Senate committee, where it languished until the legislative session ended. Fortunately, organizers don’t have to start over at square one; last spring’s House passage remains in force, so the battle is half won. Prospects for 2024 enactment: Very high

MASSACHUSETTS: Introduced late last summer, H4096 boasts 15 co-sponsors (eight Republicans, seven Democrats), including influential state senator Patrick O’Connor (the assistant minority leader). On-the-ground advocacy is being led by Maggie Baumer, a true heavyweight who sits on the board of the National Association for the Advancement of Orthotics and Prosthetics (NAAOP). She and her team have enlisted more than 100 grassroots campaigners. The Joint Financial Services Committee heard testimony last fall and is expected to approve the bill; assuming that happens, next stop is the House Ways and Means committee. Prospects for 2024 enactment: Very high

MINNESOTA: Introduced in both houses concurrently at the tail end of last spring’s session, this legislation has a long bipartisan list of co-sponsors, a formidable in-state network of grassroots supporters, and support from the governor’s office. Following the formula that helped New Mexico’s bill succeed, Minnesota advocates have drawn upon all corners of the limb-loss community, including amputees, prosthetists, O&P schools, and allied health professionals. They’ve also proactively consulted with Minnesota’s Medicaid office and tweaked the legalese to ensure that the bill covers Medicaid patients, and they filed a fiscal and social impact report last fall. The bills still have to run the full gauntlet of committee review and floor votes in both houses, but they’re well armed for battle. Prospects for 2024 enactment: High

NEW HAMPSHIRE: SB 177-FN never made it out of committee last year, as lawmakers waited for an in-depth analysis of the bill’s fiscal impact. That report was completed last fall, leading to some changes in the legislative language. The committee approved the amended bill last November, and the full Senate is scheduled to vote on the bill this week—perhaps as soon as today. [UPDATE: The bill passed the full Senate on Wednesday, Jan 3.] Prospects for 2024 enactment: High

NEW JERSEY: Another late 2023 introduction, SB3919 easily cleared its first committee hurdle (Senate Commerce) and now rests with the Budget and Appropriations Committee, which is scheduled to consider the bill tomorrow. Organizers have mobilized patient advocates and are working through the state O&P association to get prosthetists involved. As one of the first states to enact a Fair Insurance for Amputee law, New Jersey has a strong track record on this issue. Passage seems likely. Prospects for 2024 enactment: High

CONNECTICUT: The five states above have all introduced legislation; we now enter the realm of states that haven’t filed a bill yet. Among these, Connecticut seems to hold the strongest position. Citizen advocate Herb Kolodny has strong connections in the legislature, forged in 2018 when he shepherded Fair Insurance through the CT legislature. He also happens to live in the district of Senate President Pro Tempore Martin Looney, who has declared his support for the So Everybody Can Move bill. And Connecticut (unlike most states) offers a non-legislative pathway to reform: The state insurance commissioner can issue a “bulletin” that compels insurers to cover activity-specific prosthetic devices, in which case legislation would no longer be necessary. Kolodny and his allies have initiated a discussion with that office. Prospects for 2024 enactment: High

MARYLAND: The MD legislature has some nit-picky rules about when bills can be filed, but prosthetist Sheryl Sachs (who’s spearheading efforts) has received assurances that So Everybody Can Move legislation is eligible for 2024 introduction—as long as it’s accompanied by a fiscal and social impact report. The team’s broad grassroots outreach (encompassing patients, prosthetists, and allied health professionals) yielded what might prove to be a key ally when a physical medicine specialist connected Sachs with a lobbyist for one of Maryland’s largest hospital systems. The campaign lacks a lead sponsor in the legislature, although some candidates have been identified and discussions are underway. Prospects for 2024 enactment: Moderate

TENNESSEE: The Volunteer State effort is noteworthy because it’s being backed by a major corporate player, Bridgestone, a worldwide Paralympic sponsor whose US headquarters are in Nashville. Advocates David Seaman and Joseph Huntsman have a lobbyist in place and spent December in conversations with possible sponsors in the legislature. We’re not sure if the grassroots network is sufficiently developed to carry a bill to passage in this session, but the involvement of Bridgestone—Tennessee’s largest industrial employer—might provide all the muscle that’s necessary. Prospects for 2024 enactment: Moderate

KENTUCKY: The bill has been drafted, and advocates (led by prosthetist Meghan Ludwick) are shopping it around in search of a sponsor. Patient advocates have scheduled a trip to the capitol for face-to-face meetings. Prospects for 2024 enactment: Low. ETA: 2025

UTAH: Advocates in the Beehive State, and all states below, have no intention of even introducing a bill during 2024. They’re getting organized with a 2025 target in mind. Utah lead advocates Jeff Waldmuller and Julie Karr are planning a launch event next month to develop a core grassroots network and identify potential allies in O&P, adaptive sports, allied health, and other limb-loss-adjacent communities. ETA: 2025

OREGON: Oregon quietly reauthorized its Fair Insurance law in 2023, becoming the 22nd state nationwide to enact that legislation. That means is already on legislators’ radar, and grassroots advocates have some momentum. Lead advocate Dee Palagi is spending this year building alliances and seeking data to support a fiscal and social impact report.

OHIO: The first order of business in Ohio, per lead advocate Autumn Young, is lining up a lobbyist who can help counteract the state’s powerful small business lobby, which will likely try to steer the bill into the hostile Insurance Committee. There’s no legislative sponsor yet, nor a well-developed grassroots network. However, Ohio can take a cue from Tennessee and pursue corporate alliance with Procter & Gamble, a worldwide Paralympic sponsor that’s headquartered in Cincinnati and ranks as the state’s top private-sector employer. ETA: 2026

MICHIGAN: Kristine McMahon and her son, Brandon, provided testimony last year that helped Colorado pass its So Everybody Can Move bill. The family has now relocated to Michigan, where McMahon hopes her experience can provide a strong foundation to replicate Colorado’s success. ETA: 2026

OTHER STATES: Lead advocates have been identified in the following states. Among states where nothing is happening yet, New York stands out as a major “get.” If you want to get the ball rolling in New York (or any other state not listed here), raise your hand at advocacy@aopanet.org.

Exit mobile version