Legislature(2001 - 2002)

2002-05-10 House Journal

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2002-05-10                     House Journal                      Page 3489
SB 37                                                                                             
The following was read the second time:                                                             
                                                                                                    
    CS FOR SENATE BILL NO. 37(FIN)                                                                  
    "An Act relating to collective negotiation by competing physicians                              
    with health benefit plans, to health benefit plan contracts, to the                             
    application of antitrust laws to agreements involving providers                                 
    and groups of providers affected by collective negotiations, and to                             
    the effect of the collective negotiation provisions on health care                              
    providers."                                                                                     

2002-05-10                     House Journal                      Page 3490
with the:                                                  Journal Page                             
                                                                                                    
 L&C RPT HCS(L&C) 1DNP 5NR                                         2682                             
 FN6: ZERO(ADM)                                                    2683                             
 FN7: (CED)                                                        2683                             
 FN8: (LAW)                                                        2683                             
 JUD RPT HCS(JUD) 1DNP 5NR                                         3129                             
 FN6: ZERO(ADM)                                                    3129                             
 FN8: (LAW)                                                        3129                             
 FN9: ZERO(CED)                                                    3129                             
 FIN RPT HCS(JUD) 4DP 2NR 1AM                                      3418                             
 FN6: ZERO(ADM)                                                    3419                             
 FN8: (LAW)                                                        3419                             
 FN9: ZERO(CED)                                                    3419                             
                                                                                                    
**The presence of Representatives Moses, Wilson, and Kott was                                       
noted.                                                                                              
                                                                                                    
Representative James moved and asked unanimous consent that the                                     
following committee substitute be adopted in lieu of the original bill:                             
                                                                                                    
    HOUSE CS FOR CS FOR SENATE BILL NO. 37(JUD)                                                     
    (same title)                                                                                    
                                                                                                    
There being no objection, it was so ordered.                                                        
                                                                                                    
**The presence of Representative Kerttula was noted.                                                
                                                                                                    
Amendment No. 1 was offered  by Representative Halcro:                                               
                                                                                                    
Page 1, following line 5:                                                                           
    Insert a new bill section to read:                                                              
   "* Section 1.  AS 21.42 is amended by adding a new section to read:                            
         Sec. 21.42.410.  Coverage for contraceptives.  (a)  Except                               
    with respect to limited benefit health care insurance or health care                            
    insurance purchased by a religious employer, a health care insurer                              
    that offers, issues for delivery, delivers, or renews in this state a                           
    health care insurance plan that provides coverage for prescription                              
    drugs on an outpatient basis shall provide coverage for any                                     
    prescribed drug or device approved by the United States Food and                                

2002-05-10                     House Journal                      Page 3491
    Drug Administration for use as a contraceptive.  The coverage                                   
    required under this section is subject to standard policy provisions                            
    applicable to other benefits, including deductible or copayment                                 
    provisions, within the constraints of (b) of this section.                                      
         (b)  An insurer may not impose on a person receiving                                       
    prescription contraceptive benefits a                                                           
             (1)  copayment, coinsurance payment, or fee that is not                                
    equally imposed on all individuals in the same benefit category,                                
    class, coinsurance level, or copayment level receiving benefits for                             
    prescription drugs; or                                                                          
             (2)  reduction in allowable reimbursement for prescription                             
    drug benefits.                                                                                  
         (c)  This section may not be construed to                                                  
             (1)  require coverage for prescription coverage benefits in                            
    a contract, policy, or plan that does not otherwise provide                                     
    coverage for prescription drugs;                                                                
             (2)  preclude the use of closed formularies if the                                     
    formularies include oral, implant, and injectable contraceptive                                 
     drugs, intrauterine devices, and prescription barrier methods;                                
             (3)  require an insurer to provide coverage for abortion;                              
             (4)  require an insurer to provide coverage for emergency                              
    contraception.                                                                                  
         (d)  A health care insurance plan that, under (a) of this                                  
    section, is exempt from providing coverage for contraceptives                                   
    must contain a written notice that prescription contraceptives are                              
    not included under the policy.                                                                  
         (e)  In this section,                                                                      
             (1)  "limited benefit health care insurance" means                                     
    accident and sickness insurance designed, advertised, and                                       
    marketed to supplement major medical insurance, including                                       
    accident only, Civilian Health and Medical Program of the                                       
    Uniformed Services (CHAMPUS) supplement, dental, disability                                     
    income, fixed indemnity, long-term care, Medicare supplement,                                   
    specific disease, vision, and other accident and sickness insurance                             
    other than basic hospital expense, basic medical-surgical expense,                              
    or major medical insurance;                                                                     
              (2)  "religious employer" means an employer                                          
                  (A)  with a primary purpose of instilling religious                               
         principles;                                                                                
                  (B)  that primarily employs individuals who share the                             

2002-05-10                     House Journal                      Page 3492
         religious principles of the employer;                                                      
                  (C)  that primarily serves individuals who share the                              
         employer's religious principles; and                                                       
                  (D)  that does not receive public funding."                                       
                                                                                                    
Page 1, line 6:                                                                                     
    Delete "* Section 1"                                                                          
    Insert "* Sec. 2"                                                                             
                                                                                                    
Renumber the following bill section accordingly.                                                    
                                                                                                    
Representative Halcro moved and asked unanimous consent that                                        
Amendment No. 1 be adopted.                                                                         
                                                                                                    
Objection was heard.                                                                                
                                                                                                    
                                                                                                    
**The presence of Representative Masek was noted.                                                   
                                                                                                    
Representative Hayes, who had been previously excused (page 3479),                                  
left the Chamber.                                                                                   
                                                                                                    
                                                                                                    
Representative James rose to a point of order, stating that Amendment                               
No. 1 was not germane and cited Rule 402 of Mason's Manual.                                         
                                                                                                    
The Speaker ruled Amendment No. 1 out of order.                                                     
                                                                                                    
Representative Halcro appealed the ruling of the Chair.                                             
                                                                                                    
                                                                                                    
The question being:  "Shall the ruling of the Chair be sustained?"  The                             
roll was taken with the following result:                                                           
                                                                                                    
HCS CSSB 37(JUD)                                                                                    
Second Reading                                                                                      
Sustain Ruling of the Chair/Amendment No. 1 not germane                                             
                                                                                                    
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    

2002-05-10                     House Journal                      Page 3493
Yeas:  Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris,                                
Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer,                                     
Morgan, Mulder, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker,                                  
Williams, Wilson                                                                                    
                                                                                                    
Nays:  Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro,                                   
Joule, Kapsner, Kerttula, Kookesh, Moses, Murkowski                                                 
                                                                                                    
Excused:  Hayes                                                                                     
                                                                                                    
And so, the ruling of the Chair was sustained.                                                      
                                                                                                    
Amendment No. 2 was offered  by Representative Halcro:                                               
                                                                                                    
Page 7, line 18, following "plan":                                                                  
 Insert "or a health care insurance plan issued by a hospital or                                    
medical service corporation"                                                                        
                                                                                                    
Representative Halcro moved and asked unanimous consent that                                        
Amendment No. 2 be adopted.                                                                         
                                                                                                    
Representative Bunde objected.                                                                      
                                                                                                    
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                  
was taken with the following result:                                                                
                                                                                                    
HCS CSSB 37(JUD)                                                                                    
Second Reading                                                                                      
Amendment No. 2                                                                                     
                                                                                                    
YEAS:  10   NAYS:  29   EXCUSED:  1   ABSENT:  0                                                  
                                                                                                    
Yeas:  Berkowitz, Cissna, Crawford, Halcro, Joule, Kapsner, Kerttula,                               
Kookesh, Murkowski, Wilson                                                                          
                                                                                                    
Nays:  Bunde, Chenault, Coghill, Croft, Davies, Dyson, Fate, Foster,                                
Green, Guess, Harris, Hudson, James, Kohring, Kott, Lancaster,                                      
Masek, McGuire, Meyer, Morgan, Moses, Mulder, Ogan, Porter,                                         
Rokeberg, Scalzi, Stevens, Whitaker, Williams                                                       
                                                                                                    
Excused:  Hayes                                                                                     
                                                                                                    
And so, Amendment No. 2 was not adopted.                                                            

2002-05-10                     House Journal                      Page 3494
Amendment No. 3 was offered  by Representative Murkowski:                                            
                                                                                                    
Page 1, line 14:                                                                                    
 Delete "over fee-related terms"                                                                    
                                                                                                    
Page 2, lines 7 - 8:                                                                                
 Delete "on fee-related and other issues"                                                           
                                                                                                    
Representative Murkowski moved and asked unanimous consent that                                     
Amendment No. 3 be adopted.                                                                         
                                                                                                    
Representative Croft objected.                                                                      
                                                                                                    
Amendment to Amendment No. 3 was offered  by Representative                                          
Murkowski:                                                                                          
                                                                                                    
Delete "Page 1, line 14:                                                                            
 Delete "over fee-related terms""                                                                   
                                                                                                    
Representative Murkowski moved and asked unanimous consent that                                     
Amendment to Amendment No. 3 be adopted.  There being no                                            
objection, it was so ordered.                                                                       
                                                                                                    
There being no objection, Amendment No. 3 as amended was adopted.                                   
                                                                                                    
Representative James moved and asked unanimous consent that HCS                                     
CSSB 37(JUD) am H be considered engrossed, advanced to third                                        
reading, and placed on final passage.                                                               
                                                                                                    
Representative Berkowitz objected.                                                                  
                                                                                                    
The Speaker stated that HCS CSSB 37(JUD) am H will be in third                                      
reading on tomorrow's calendar.