Devon Green: Legislative session enters its final weeks

by Devon Green, Sr. Vice President of Policy & Strategy, VAHHS

As we get into the last few weeks, it’s a total time vortex. Every issue is shifting and requires an hour-by-hour, instead of day-by-day approach. With that in mind, I won’t waste any time jumping into the update from last week: 

Reference-Based Pricing: S.190 is ever-evolving. The House Health Care Committee advanced Chair Black’s amendment in a 7-4-0 straw poll to do the following:

  • remove the 3.5% number from the amount the Green Mountain Care Board could direct towards Qualified Health Plans and VEHI
  • remove the exemption of Critical Access Hospitals and Medicare Dependent Hospitals/Rural Community Hospitals from reference-based pricing for FY 2027
  • remove the increase of the prescription drug price cap from 120% to 130% ASP

 

Primary Care: The House Health Care Committee advanced S.197 with largely the same structure as the Senate version and additional intent language to move towards Universal Primary Care. Chair Black announced that one of her off-session priorities would be working on Universal Primary Care. 

The biggest change to the bill is tasking the Agency of Human Services, the Green Mountain Care Board, and the Department of Financial Regulation in collaboration of the Office of the Health Care Advocate to determine regulatory roles within health care reform and to make recommendations of any needed changes. 

Prohibition against Non-Compete Clauses: The Senate Economic Development, Housing, and General Affairs Committee advanced its amendment to S.230, which eliminates broader proposals but maintains health care provider employment protections, including prohibiting non-compete clauses and non-solicitation agreements. It would also limit the use of non-disparagement clauses in employment contracts. The committee clarified that the limitation does not apply to separation agreements. The protections also only apply to contracts entered into after July 1, 2026. This legislation carries forward some concepts from H.583, which prohibits the corporate practice of medicine.  

Artificial Intelligence: The House Health Care Committee is requesting a conference committee on H.816, the bill that requires provider oversight and intervention when using artificial intelligence for mental health services. The committee was concerned that some of the definitional changes in the Senate were too broad and would inadvertently prohibit A.I. from directing someone to help, such as the 988 Suicide and Crisis Lifeline.

5.18.2026

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