Legislature(2005 - 2006)

05/06/2005 06:21 PM House FIN


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 130(FIN) am                                                                                            
                                                                                                                                
     "An  Act  relating to  a  special deposit  for  workers'                                                                   
     compensation   and   employers'    liability   insurers;                                                                   
     relating  to assigned risk  pools; relating  to workers'                                                                   
     compensation  insurers;   stating  the  intent   of  the                                                                   
     legislature,  and  setting out  limitations,  concerning                                                                   
     the interpretation, construction,  and implementation of                                                                   
     workers'  compensation  laws;  relating  to  the  Alaska                                                                   
     Workers'  Compensation Board;  assigning certain  Alaska                                                                   
     Workers'  Compensation Board  functions to the  division                                                                   
     of workers' compensation  in the Department of Labor and                                                                   
     Workforce  Development  and   to  that  department,  and                                                                   
     authorizing  the board  to  delegate administrative  and                                                                   
     enforcement  duties  to   the  division;  providing  for                                                                   
     workers'  compensation  hearing   officers  in  workers'                                                                   
     compensation   proceedings;   establishing  a   Workers'                                                                   
     Compensation  Appeals Commission;  relating to  workers'                                                                   
     compensation  medical benefits  and to  charges for  and                                                                   
     payment of  fees for the  medical benefits;  relating to                                                                   
     agreements   that   discharge    workers'   compensation                                                                   
     liability;  relating  to workers'  compensation  awards;                                                                   
     relating  to reemployment  benefits and job  dislocation                                                                   
     benefits;   relating   to   coordination   of   workers'                                                                   
     compensation  and certain disability benefits;  relating                                                                   
     to division  of workers' compensation  records; relating                                                                   
     to  release   of  treatment  records;  relating   to  an                                                                   
     employer's  failure  to   insure  and  keep  insured  or                                                                   
     provide   security;    providing   for    appeals   from                                                                   
     compensation  orders; relating to workers'  compensation                                                                   
     proceedings;  providing for  supreme court  jurisdiction                                                                   
     of  appeals  from  the  Workers'   Compensation  Appeals                                                                   
     Commission;  providing  for  a maximum  amount  for  the                                                                   
     cost-of-living  adjustment   for  workers'  compensation                                                                   
     benefits;  relating  to attorney  fees  with respect  to                                                                   
     workers' compensation;  providing for the  department to                                                                   
     enter  into contracts  with  nonprofit organizations  to                                                                   
     provide  information services  and legal  representation                                                                   
     to  injured  employees;   providing  for  administrative                                                                   
     penalties  for employers  uninsured or without  adequate                                                                   
     security   for   workers'  compensation;   relating   to                                                                   
     fraudulent  acts or  false or  misleading statements  in                                                                   
     workers'  compensation  and penalties  for  the acts  or                                                                   
     statements;   providing   for  members   of  a   limited                                                                   
     liability  company to  be  included as  an employee  for                                                                   
     purposes  of   workers'  compensation;   establishing  a                                                                   
     workers'  compensation  benefits guaranty  fund;  making                                                                   
     conforming amendments; providing  for a study and report                                                                   
     by the  medical services review committee;  establishing                                                                   
     the Task  Force on Workers' Compensation;  and providing                                                                   
     for an effective date."                                                                                                    
                                                                                                                                
GREG O'CLARAY,  COMMISSIONER, DEPARTMENT OF  LABOR, explained                                                                   
that HCSSB  130 (JUD),  Version X, is  a bill that  addresses                                                                   
the problem  of making workers' compensation  more efficient,                                                                   
and deals  with runaway rate increases.   A key issue  is the                                                                   
establishment of a legislative task force.                                                                                      
                                                                                                                                
PAUL  LISANKE, DIRECTOR  DIVISION  OF WORKERS'  COMPENSATION,                                                                   
DEPARTMENT OF  LABOR AND  WORKFORCE DEVELOPMENT,  referred to                                                                   
Section 65, page 30, as the section  that deals with the task                                                                   
force.                                                                                                                          
                                                                                                                                
6:36:30 PM                                                                                                                    
                                                                                                                                
Commissioner  O'Claray  explained  that  there has  not  been                                                                   
enough  time to  deal  with this  issue,  so  Section 65  was                                                                   
inserted.  He spoke in support of the bill.                                                                                     
                                                                                                                                
Co-Chair Meyer  asked if the biggest  change in Version  X is                                                                   
Section  65.  Commissioner  O'Claray  replied that there  are                                                                   
various   changes,    and   this    version   is    not   the                                                                   
administration's   draft  of   the   bill.     There  is   no                                                                   
controversial  appeals  commission  in  this version  of  the                                                                   
bill.                                                                                                                           
                                                                                                                                
6:38:52 PM                                                                                                                    
                                                                                                                                
Representative Kelly inquired  if that is critical in getting                                                                   
support  for the  bill.   Commissioner  O'Claray  said it  is                                                                   
difficult to respond  to that question.  He  related that the                                                                   
administration  was interested in  trying to reduce  the time                                                                   
it takes to get an appeal on a  claim resolved.  Commissioner                                                                   
O'Claray replied that the appeals  commission came out of the                                                                   
bill in House Labor and Commerce Committee.                                                                                     
                                                                                                                                
6:40:13 PM                                                                                                                    
                                                                                                                                
Representative Foster MOVED to  report HCSSB 130 (JUD) out of                                                                   
Committee.  There being NO OBJECTION, it was so ordered.                                                                        
                                                                                                                                
HCSSB  130 (JUD) was  REPORTED  out of Committee  with  a "no                                                                   
recommendation"  recommendation and  with the following  zero                                                                   
fiscal impact notes,  #7 COM, #9 LEG, and with  the following                                                                   
fiscal notes,  #8 LWD,  #10 LWD,  #11 LAW,  #12 LAW,  and #13                                                                   
LAW.                                                                                                                            
                                                                                                                                
6:42:21 PM                                                                                                                    
                                                                                                                                

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