Maryland, Virginia, Iowa and Arkansas Pass Parity Protections

By: Dan Ignaszewski, National Advocacy Specialist

In Virginia, Iowa and Maryland, a bill designed to ensure fair insurance coverage for artificial arms and legs has passed through both legislative houses and now awaits each state's respective Governor's signature. Arkansas' bill was also passed through both legislative houses and was signed into law by Governor Beebe this year, making Arkansas the 12th state to sign prosthetic parity into law.

The bill, known as the Prosthetic Parity Act, requires insurers to provide meaningful coverage for prosthetic devices and care by creating a consistent standard for prosthetic benefits. This removes special caps and exemptions placed on prosthetic and orthopedic care that, in effect make these very basic services cost-prohibitive for many individuals. Because of its potential to help people with limb loss keep their jobs, take care of their families, and live healthy, active lives, the bill is strongly supported by the Amputee Coalition of America, the premier nonprofit organization working on behalf of people with limb loss.

“Unfortunately, many amputees have nightmarish stories of fighting with insurance companies to try to get the prosthetic devices they need to simply work and live,” explains, Kendra Calhoun, president and CEO of the Amputee Coalition. “People pay their monthly health insurance premiums and expect their coverage to take care of catastrophic situations like losing a limb. This is the very reason people purchase health insurance.”

This year, Virginia Senate Bill (SB) 1116 was sponsored by Senator Patricia Ticer (D), Delegate John O'Bannon (R) and Delegate Lee Ware (R). The bill was passed in the Senate by a vote of 33-7 on February 3, and the House passed the bill unanimously, 99-0 on February 24. The bill had to conquer many hurdles and took three years to pass, but with the hard work and determination of local advocates and prosthetists, we did it! The bill was sent to Governor Kaine's desk, and we are just awaiting his signature.

In Iowa, House File (HF) 311 was introduced by Representative Janet Petersen (D) in the House, and it was sponsored by Senator Steve Warnstadt (D) in the Senate. The bill passed the House by a vote of 64-33 on February 18, and the Senate passed the bill by a vote of of 40-10 on on April 1. Although Iowa also took several years to pass, with the continued efforts of a group of local prosthetists, we were able to successfully move the bill this year and send it to Governor Culver.

While the grueling efforts of Virginia and Iowa took years, Arkansas introduced its bill just this year. Arkansas was able to get the bill through the process in less than a month! House Bill (HB) 2244 was introduced by Representative Bruce Maloch (D) on March 9. It passed the House on March 27 by a vote of 96-0 and passed the Senate on April 2 by a vote of 34-1. Governor Mike Beebe then signed the bill into law on April 6, creating Act 950, making Arkansas the 12th state to make prosthetic parity law.

In Maryland, House Bill (HB) 579, with 24 cosponsors and introduced by Delegate Heather R. Mizeur (D), was passed by a vote of 127-8 on March 25. Senate Bill (SB) 341, with 16 cosponsors and introduced by Senator Catherine E. Pugh (D), was passed by a vote of 41-2 on March 20. Sponsorship of the bills was highly bipartisan. The bill has been sent to Governor O'Malley and with his signature, amputees in Maryland will have access to the care they deserve.

Maryland resident Lorenzo Smith, whose right leg was amputated when he was 12, fell through the cracks a few years ago because Maryland does not have a law requiring fair and consistent insurance coverage for prosthetic devices. His mother, Albertha Jackson-Smith, vividly recalls the tragic day she had to explain to her young son that he couldn't have an artificial leg because the family's insurance wouldn't cover it. This bill, if signed into law by Governor O'Malley, will help ensure that other families in Maryland don't face this devastating situation.

“Once this bill is signed by the governor, people with limb loss in Maryland can get the care they need to get back to work and live independent, productive lives,” said Morgan Sheets, the national advocacy director for the Amputee Coalition. “Spread across the insurance pool, the cost of prosthetic and orthotic care will be less than a dollar per month. The cost to the healthcare system in the long run of not providing prosthetic care far exceeds that of providing it. On the other hand, the lack of productivity caused by inadequate prosthetic care places a huge burden on society.”

The Amputee Coalition is also building momentum and working with sponsors to get a federal prosthetic parity bill re-introduced this session. On March 10, with Amputee Coalition leadership and support, nearly 200 amputees and patient advocates from 34 states converged on Washington, D.C., to urge Congress members to support fair insurance coverage for artificial arms and legs. Their message was simple: Arms and legs are not a luxury. In addition, 27 organizations, including disability rights groups and O&P (orthotic and prosthetic) professional organizations, have now signed on with the Amputee Coalition to support this legislation. These include such prominent organizations as the Christopher & Dana Reeve Foundation, Easter Seals, and the American Diabetes Association.

“We are fighting for people like Lorenzo Smith and the many lobby day participants with their own stories of insurance challenges,” said Sheets. “We are also fighting for those people who are not aware of their lack of coverage, but it's a difficult battle. Insurance companies have a powerful voice. However, we trust that our congressional representatives, like those in Maryland, Iowa, Virginia and Arkansas will see the logic in our claims and do what is right. This year, they will have a wonderful opportunity to help us achieve a great victory for American families.”

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Ignaszewski is the National Advocacy Specialist for the Amputee Coalition of America. He provides day-to-day technical assistance to the individuals and campaign committees working to advance state parity bills. He can be reached at state@amputee-coalition.org or 202/742-1885.