Legislature(2013 - 2014)HOUSE FINANCE 519

03/28/2014 08:30 AM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 278 EDUCATION: FUNDING/TAX CREDITS/PROGRAMS TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 134 MEDICAID PAYMENT FOR MEDISET PRESCRIPTION TELECONFERENCED
Moved CSHB 134(HSS) Out of Committee
+= HB 121 COMMERCIAL FISHING & AGRICULTURE BANK TELECONFERENCED
Heard & Held
HOUSE BILL NO. 134                                                                                                            
                                                                                                                                
     "An Act requiring Medicaid payment for scheduled unit                                                                      
     dose prescription drug packaging and dispensing                                                                            
     services for specified recipients."                                                                                        
                                                                                                                                
8:37:21 AM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze discussed housekeeping.                                                                                        
                                                                                                                                
Representative  Costello  pointed  out to  the  committee  a                                                                    
letter from  Jason Hooley, Special Assistant,  Department of                                                                    
Health and  Social Services that  addressed the  fiscal note                                                                    
(copy on file).                                                                                                                 
                                                                                                                                
8:38:16 AM                                                                                                                    
                                                                                                                                
WILLIAM  STREUR,  COMMISSIONER,  DEPARTMENT  OF  HEALTH  AND                                                                    
SOCIAL   SERVICES  (via   teleconference),  summarized   the                                                                    
letter. He  relayed that the requirement  for the department                                                                    
to pay  for the delivery of  the medisets on a  weekly basis                                                                    
had been eliminated.  He shared that the  delivery costs had                                                                    
been  a  challenge  for the  department  because  they  were                                                                    
formidable; if  the providers of medisets  decided to expand                                                                    
out  into urban  areas like  Fairbanks or  Juneau the  costs                                                                    
would  be  very  large.  By  removing  the  requirement  and                                                                    
allowing for bi-weekly distribution  the department was able                                                                    
to take the  cost of the service down to  zero. He said that                                                                    
the bill put  in statute the requirement to  continue to pay                                                                    
for  medisets.  He  spoke  to   the  proven  efficiency  and                                                                    
efficacy  of  medisets.  He said  that  the  program  helped                                                                    
patients  maintain integrity  by ensuring  proper dosage  of                                                                    
medications.                                                                                                                    
                                                                                                                                
8:41:28 AM                                                                                                                    
                                                                                                                                
Co-Chair  Austerman asked  whether any  expansion in  dollar                                                                    
value that the  state could pay was included  in the current                                                                    
Medicaid budget.                                                                                                                
                                                                                                                                
Commissioner Streur  replied yes.  He noted that  the growth                                                                    
factor  was built  in and  assumed  in the  fiscal note.  He                                                                    
believed  that   the  growth  could  be   sustained  by  the                                                                    
department.                                                                                                                     
                                                                                                                                
8:42:53 AM                                                                                                                    
                                                                                                                                
Co-Chair Austerman asked if  the regulations that controlled                                                                    
mediset confined  the places where it  could be distributed.                                                                    
He  wondered  if  mediset  was   confined  to  Anchorage  by                                                                    
regulation  or  because of  the  operational  cost of  doing                                                                    
business.                                                                                                                       
                                                                                                                                
Commissioner  Streur replied  that  there would  need to  be                                                                    
enough  of a  market  for the  pharmacy  to produce  mediset                                                                    
because it required  an additional cost to  the business. He                                                                    
noted that  some smaller pharmacies did  provide the service                                                                    
for a small  fee or none at  all. He believed that  it was a                                                                    
question  on  volume   and  the  cost  of   setting  up  the                                                                    
capabilities to do mass medisets.                                                                                               
                                                                                                                                
8:44:42 AM                                                                                                                    
                                                                                                                                
Co-Chair Austerman  understood that  the state  and Medicaid                                                                    
split the cost of the medisets 50/50.                                                                                           
                                                                                                                                
Commissioner Streur replied  that certain prescriptions were                                                                    
covered at  a higher  percentage. The fiscal  note accounted                                                                    
for the departments acknowledgement that the bill.                                                                              
                                                                                                                                
8:45:39 AM                                                                                                                    
                                                                                                                                
Representative  Wilson asked  if  the bill  would cover  all                                                                    
seniors with two or more prescriptions.                                                                                         
                                                                                                                                
Commissioner Streur  replied that it would  cover anyone who                                                                    
was eligible.  The person  had to have  a requirement  for a                                                                    
mediset and had to be thoroughly vetted.                                                                                        
                                                                                                                                
Representative Wilson  understood that  people who  were not                                                                    
on Medicaid would have to pay for the program themselves.                                                                       
                                                                                                                                
Commissioner Streur agreed.                                                                                                     
8:46:53 AM                                                                                                                    
                                                                                                                                
Vice-Chair Neuman  asked how much the  program was currently                                                                    
costing the state.                                                                                                              
                                                                                                                                
Commissioner Streur  deferred to the Director  of Healthcare                                                                    
Services.                                                                                                                       
                                                                                                                                
MARGARET BRODIE, DIRECTOR,  HEALTH CARE SERVICES, DEPARTMENT                                                                    
OF HEALTH AND SOCIAL  SERVICES (via teleconference), replied                                                                    
that  the state  currently paid  $375 thousand  annually for                                                                    
mediset packaging.                                                                                                              
                                                                                                                                
Vice-Chair  Neuman asked  if  the  fee was  a  fee that  was                                                                    
typically covered in nationwide dispensing fees.                                                                                
                                                                                                                                
Commissioner Streur replied no.                                                                                                 
                                                                                                                                
Vice-Chair Neuman surmised that  the program would be unique                                                                    
to  Alaska. Commissioner  Streur replied  other states  were                                                                    
beginning to  address the issue. Vice-Chair  Neuman asked if                                                                    
the department had  the ability to manage the  cost fees and                                                                    
structures of  the program.  Commissioner Streur  yes. Vice-                                                                    
Chair  Neuman concluded  that if  it were  to be  written in                                                                    
statue the  state would have the  same ability. Commissioner                                                                    
Streur  said  that  the   current  bill  version  reinstated                                                                    
management to the department.  Vice-Chair Neuman queried the                                                                    
current dispensing fee per month.                                                                                               
                                                                                                                                
Ms.  Brodie  replied that  the  current  dispensing fee  per                                                                    
person, per month was $12.12.                                                                                                   
                                                                                                                                
Vice-Chair  Neuman  asked  what  the  mediset  fee  was  per                                                                    
prescription.                                                                                                                   
                                                                                                                                
Commissioner Streur replied $5 per person, per month.                                                                           
                                                                                                                                
Vice-Chair  Neuman  expressed  concern  regarding  expanding                                                                    
healthcare costs.                                                                                                               
                                                                                                                                
Commissioner  Streur countered  that  if  the program  would                                                                    
save  the  state  the additional  costs  caused  by  someone                                                                    
improperly using medications.                                                                                                   
                                                                                                                                
Vice-Chair  Neuman  understood  that   by  putting  it  into                                                                    
statute, instead  of regulation,  the legislature  would not                                                                    
be able to reduce the cost of the program.                                                                                      
Commissioner  Streur  replied  that  the  legislature  could                                                                    
potentially  make  cuts  in   the  department's  budget.  He                                                                    
believed  that if  the department  was asked  to make  cuts,                                                                    
medisets would  not be a  priority. He highlighted  that the                                                                    
way  that  the  legislation   was  written  did  not  change                                                                    
anything that the department was currently doing.                                                                               
                                                                                                                                
8:52:33 AM                                                                                                                    
                                                                                                                                
Representative Munoz  understood that mediset was  paid only                                                                    
to  certain  pharmacies that  reached  a  certain volume  in                                                                    
dispensing;  the   bill  would   open  up  payment   to  all                                                                    
pharmacies.                                                                                                                     
                                                                                                                                
Commissioner Streur replied  that the bill did  not speak to                                                                    
the issue.  He noted that  the regulations required  that 75                                                                    
percent of  prescriptions must be mediset  before they would                                                                    
qualify for  the mediset fee.  He relayed that the  bill did                                                                    
not speak to a minimum number or percentage.                                                                                    
                                                                                                                                
Representative Munoz  asked if the  $5 fee remained  for the                                                                    
new pharmacies that were dispensing,  in addition to the $12                                                                    
fee.                                                                                                                            
                                                                                                                                
Commissioner Streur reiterated that  that was in regulation.                                                                    
The bill did not speak to the issue.                                                                                            
                                                                                                                                
8:54:23 AM                                                                                                                    
                                                                                                                                
Co-Chair   Austerman   understood   that  there   could   be                                                                    
restrictions  on  businesses  based  on  the  percentage  of                                                                    
mediset business  it generated. Commissioner  Streur replied                                                                    
in  the affirmative.  Co-Chair Austerman  asked whether  the                                                                    
regulation  was being  proposed  or if  was already  active.                                                                    
Commissioner Streur replied that  it was under proposal. Co-                                                                    
Chair Austerman queried any concerns  held by the department                                                                    
on the issue.                                                                                                                   
                                                                                                                                
8:55:25 AM                                                                                                                    
                                                                                                                                
Commissioner  Streur  stated  that the  department  believed                                                                    
that medisets  were an important  part of health  and safety                                                                    
for vulnerable  adults and children;  therefore, it  was the                                                                    
departments  believe that  they  should be  accessible on  a                                                                    
statewide  basis  to  a  wider  variety  of  pharmacies.  He                                                                    
admitted that the rate  structure needed further examination                                                                    
before he  could provide a  conclusive answer. He  said that                                                                    
he would  report back to  the committee in order  to clarify                                                                    
further.                                                                                                                        
                                                                                                                                
Co-Chair Austerman felt  that the regulation would  be a way                                                                    
to   control  cost;   only   larger   pharmacies  in   large                                                                    
communities would benefit.                                                                                                      
                                                                                                                                
Representative  Guttenberg   shared  that  there   were  two                                                                    
pharmacies  in Fairbanks  that provided  medisets, but  that                                                                    
medisets were not  their primary business. He  said that the                                                                    
75  percent   limit  would  prevent  some   pharmacies  from                                                                    
expanding even marginally. He wondered  if that had been the                                                                    
intent of the regulation.                                                                                                       
                                                                                                                                
8:57:09 AM                                                                                                                    
                                                                                                                                
Commissioner  Streur thought  that  he needed  to study  the                                                                    
intent  of the  regulation  more deeply.  He  said that  the                                                                    
regulation was not restricting  any pharmacy from dispensing                                                                    
a  mediset   rather  it  would  restrict   a  pharmacy  from                                                                    
receiving  a mediset  fee. He  thought if  the efficacy  and                                                                    
safety was apparent,  it was incumbent of the  state to look                                                                    
to expanding mediset to the extent that it could.                                                                               
                                                                                                                                
Representative   Guttenberg    relayed   that    under   the                                                                    
description of  a qualifying  pharmacy, the  last qualifier,                                                                    
number 5:                                                                                                                       
                                                                                                                                
     "Delivering   prescriptions   using   the   most   cost                                                                    
     effective method…"                                                                                                         
                                                                                                                                
Representative Guttenberg  thought that pharmacies  could be                                                                    
using the most cost effective  method while not charging the                                                                    
least  amount of  money. He  thought the  language gave  the                                                                    
department a lot of authority for regulation.                                                                                   
                                                                                                                                
Commissioner  Streur stated  that  the  language spoke  only                                                                    
with regard to the delivery of the medisets.                                                                                    
                                                                                                                                
8:59:22 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Neuman  asked  about  the 75  percent  rule.  He                                                                    
understood  that  the  rule  benefited  smaller  communities                                                                    
because  it would  allow more  pharmacies to  participate in                                                                    
the program. He  asked whether the 75 percent  rule had been                                                                    
removed, and if so, why it was removed.                                                                                         
Commissioner Streur offered to  provide the information at a                                                                    
later date.  He added that  the 75 percent rule  was already                                                                    
in the proposed regulation, but was not yet in statute.                                                                         
                                                                                                                                
9:00:56 AM                                                                                                                    
                                                                                                                                
Representative  Costello   understood  that   currently  and                                                                    
pharmacy  that  wanted to  provide  the  service could,  the                                                                    
question was  whether or  not they  would be  reimbursed for                                                                    
the  service.  She  believed   that  the  regulation  review                                                                    
process could  be followed. She  asserted that the  bill was                                                                    
intended to be  a cost savings measure.  She appreciated the                                                                    
home  setting as  a less  expensive solution  to the  rising                                                                    
cost  of medical  care. A  registered  nurse dispensing  the                                                                    
medication was  more costly to  the state. She saw  the bill                                                                    
as  a  compassionate method  to  allow  more individuals  to                                                                    
receive in-home care, surrounded by their family.                                                                               
                                                                                                                                
9:04:10 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Neuman MOVED  to REPORT  CSHB 134  (FIN) out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying  fiscal  note.  Co-Chair Stoltze  OBJECTED  for                                                                    
discussion.                                                                                                                     
                                                                                                                                
Vice-Chair  Neuman appreciated  the effects  of the  mediset                                                                    
program  even  if  having the  medisets  delivered  did  not                                                                    
ensure  that the  medications would  be taken  correctly. He                                                                    
expressed  concern with  the growing  cost of  healthcare in                                                                    
the  state.  He  believed  that  in  10  years  the  state's                                                                    
Medicare  costs would  be $3  billion or  higher. He  feared                                                                    
that the  state would be unable  to continue to pay  for the                                                                    
program  in the  future and  believed that  the costs  would                                                                    
need  to  be measured  against  other  senior benefits  when                                                                    
creating  future   budget.  He  warned  that   the  cost  of                                                                    
pharmaceuticals  would be  determined by  the pharmaceutical                                                                    
companies and  not the  state, which  meant the  state would                                                                    
have trouble controlling the cost of the program.                                                                               
                                                                                                                                
9:08:05 AM                                                                                                                    
                                                                                                                                
Representative  Wilson pointed  out Page  2, line  13, which                                                                    
laid out the 5 eligibility  standards. She understood that a                                                                    
person  living  in their  home  would  not be  covered.  She                                                                    
believed that the  program was a good idea  but thought that                                                                    
it  should   be  open  to   all  seniors  and   include  all                                                                    
pharmacies.                                                                                                                     
9:09:55 AM                                                                                                                    
                                                                                                                                
Representative  Guttenberg thought  that the  medisets could                                                                    
inform  paramedics on  a  scene as  to  which medications  a                                                                    
patient had, or  had not, taken. He believed  that the small                                                                    
cost  containment efforts  could make  a huge  difference in                                                                    
the big picture.                                                                                                                
                                                                                                                                
9:11:48 AM                                                                                                                    
                                                                                                                                
Representative Gara  shared his introduction to  the mediset                                                                    
program  while visiting  a senior  center. He  stressed that                                                                    
the fiscal note  could not reflect the savings  to the state                                                                    
from  someone not  having to  be  hospitalized because  that                                                                    
could  not  be  predicted.  He  believed  that  Commissioner                                                                    
Streur had worked harder than  any other commissioner in the                                                                    
state at  trying to find  ways to  save money. He  had faith                                                                    
that the zero fiscal note would prove to be true.                                                                               
                                                                                                                                
9:14:09 AM                                                                                                                    
                                                                                                                                
Representative  Thompson   thought  that  there   should  be                                                                    
further  discussion on  the 75  percent rule.  He said  that                                                                    
pharmacies in  the smaller areas were  providing the service                                                                    
for zero cost.                                                                                                                  
                                                                                                                                
Representative   Costello  replied   that  the   75  percent                                                                    
requirement  was in  regulation and  was currently  under by                                                                    
the  commissioner. She  said that  the bill  would put  into                                                                    
statute  a program  that  was valuable  to  the citizens  of                                                                    
Alaska in  terms of  cost savings and  quality of  life. The                                                                    
regulation  being considered  by  the department  was not  a                                                                    
part of the legislation.                                                                                                        
                                                                                                                                
9:16:59 AM                                                                                                                    
                                                                                                                                
Representative  Thompson thought  that the  75 percent  rule                                                                    
would  drive the  business to  one  pharmacy. He  reiterated                                                                    
discomfort with the regulation.                                                                                                 
                                                                                                                                
Co-Chair Stoltze  appreciated the process that  the bill had                                                                    
traveled through to its current iteration.                                                                                      
                                                                                                                                
Co-Chair  Stoltze WITHDREW  his  OBJECTION.  There being  NO                                                                    
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSHB  134 (HSS)  was REPORTED  out of  committee with  a "do                                                                    
pass" recommendation and with  one previously published zero                                                                    
fiscal note: FN 1 (DHS).                                                                                                        
                                                                                                                                
9:21:09 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:23:08 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB 121 CS FIN Amendments 1-2 Gara.pdf HFIN 3/28/2014 8:30:00 AM
HB 121
HB 121 CS WORKDRAFT FIN version N.pdf HFIN 3/28/2014 8:30:00 AM
HB 121