Legislature(2005 - 2006)CAPITOL 106

03/31/2005 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 225 MEDICAL EXAMINERS & AUTOPSIES TELECONFERENCED
Moved Out of Committee
+= HB 53 CHILDREN IN NEED OF AID/REVIEW PANELS TELECONFERENCED
Moved CSHB 53(HES) Out of Committee
*+ HB 111 MEDICAID COVERAGE FOR BIRTHING CENTERS TELECONFERENCED
Moved CSHB 111(HES) Out of Committee
*+ HB 220 MENTAL HEALTH PATIENT RIGHTS:STAFF GENDER TELECONFERENCED
Moved CSHB 220(HES) Out of Committee
*+ HB 14 DISCLOSURES BY FOSTER PARENTS TELECONFERENCED
Scheduled But Not Heard
Bills Previously Heard/Scheduled
HB 111-MEDICAID COVERAGE FOR BIRTHING CENTERS                                                                                 
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL NO.  111, "An Act adding birthing centers  to the list                                                               
of health  facilities eligible for payment  of medical assistance                                                               
for needy persons."                                                                                                             
                                                                                                                                
3:38:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HARRY  CRAWFORD,  Alaska  State  Legislature,  as                                                               
sponsor, explained  that HB  111 would  give uninsured  women the                                                               
same choice as  insured women to have their babies  at a birthing                                                               
center, attended  by a midwife.    He pointed out  that presently                                                               
Medicaid pays  for hospital  births and  doctors; the  bill would                                                               
allow Medicaid  to pay  for births at  birthing centers  as well.                                                               
He  commented that  the bill  would save  Medicaid money  because                                                               
doctors and hospitals cost more than birthing centers.                                                                          
                                                                                                                                
3:41:30 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  asked whether the department  estimated any savings                                                               
from this.  She noted that there was a zero fiscal note.                                                                        
                                                                                                                                
REPRESENTATIVE CRAWFORD replied that  the state has no experience                                                               
to  draw on  and thus  can't estimate  any savings.   However,  a                                                               
study in California showed a 22 percent savings rate.                                                                           
                                                                                                                                
3:42:39 PM                                                                                                                    
                                                                                                                                
BARBARA  NORTON,  Certified  Nurse  Midwife  (CNM);  Part  Owner,                                                               
Geneva  Woods  Birth Center,  clarified  that  Medicaid pays  for                                                               
midwife services, but does not pay the facility fee.  She said:                                                                 
                                                                                                                                
     We  really need  to encourage  the use  of midwives  in                                                                    
     this  state.    The  State of  Florida  passed  a  bill                                                                    
     several years ago  to say that by 2005,  they wanted 25                                                                    
     percent of  their births  attended by  midwives because                                                                    
     there  was significant  cost savings.    And I  believe                                                                    
     that they  have instituted that. ...  Approximately 14-                                                                    
     15  percent of  births in  this state  are attended  by                                                                    
     midwives.    And just  to  compare  a Cesarean  section                                                                    
     rate:  ...  the  Cesarean  section rate  right  now  at                                                                    
     Providence Hospital  is 33 percent and  growing because                                                                    
     doctors as refusing  to do a vaginal  birth for someone                                                                    
     who's  had a  Cesarean section  once.   So  now all  of                                                                    
     those women  are becoming  repeat Cesarean  sections at                                                                    
     twice the cost  to Medicaid.  Midwives  have a Cesarean                                                                    
     section  rate in  this state  of between  3-10 percent,                                                                    
     and   physicians   average  probably   20-50   percent,                                                                    
     depending  upon which  physician you're  talking about.                                                                    
     So  preventing that  first Cesarean  section is  a huge                                                                    
     savings.  And using midwives  is a very significant way                                                                    
     to prevent that first Cesarean section.                                                                                    
                                                                                                                                
MS. NORTON continued, "The other  issue is just offering families                                                               
choice:  we're not  bringing  high risk  people  to the  birthing                                                               
center;  we're  only bringing  low-risk  people  to the  birthing                                                               
center."                                                                                                                        
                                                                                                                                
MARIBETH  GARDNER,  Family  Nurse  Practitioner;  Nurse  Midwife,                                                               
testified   in   support   of   Medicaid   reimbursing   birthing                                                               
facilities.  She stated that she  has attended births at home, at                                                               
birth  centers, and  in  hospitals.   She  commented that  births                                                               
attended in  nationally certified birth centers  or birth centers                                                               
that  meet  the  National Association  of  Childbirthing  Centers                                                               
(NACC) are a nice alternative for low-risk women.                                                                               
                                                                                                                                
JACK  NIELSON, Executive  Director,  Rate Review,  Office of  the                                                               
Commissioner, Department  of Health  and Social  Services (DHSS),                                                               
stated that  he works  for the  DHSS Medicaid  program.   He said                                                               
that DHSS is neutral  on the bill, but would like  to raise a few                                                               
points.  He said:                                                                                                               
                                                                                                                                
     The bill as  it's written now adds  birthing centers to                                                                    
     the  list of  facilities whose  Medicaid payment  rates                                                                    
     are  required by  statute to  be  established based  on                                                                    
     reasonable  costs incurred  by the  facility.   But ...                                                                    
     the  way  it's written  right  now  doesn't really  add                                                                    
     birthing centers  as a  Medicaid service  authorized by                                                                    
     state  law  to  be   offered  in  the  Alaska  Medicaid                                                                    
     program.   The  list of  authorized services  is in  AS                                                                    
     47.07.030.  Adding the birthing  centers to the list of                                                                    
     authorized  services  in   [AS  47.07.030]  would  make                                                                    
     legislative  intent   absolutely  clear   and  possibly                                                                    
     assist  the department  in  dealing  with getting  this                                                                    
     type of  service approved by the  federal government as                                                                    
     a  Medicaid   service  so  we   can  get   the  federal                                                                    
     government to share in the cost.                                                                                           
                                                                                                                                
MR. NIELSON continued:                                                                                                          
                                                                                                                                
     There  is a  question whether  birthing centers  are an                                                                    
     allowable Medicaid service  that the federal government                                                                    
     will  participate in  financially.   A few  states have                                                                    
     obtained  federal participation  in  the  past but  the                                                                    
     federal  criteria really  aren't clear.   And  recently                                                                    
     it's  become more  and more  difficult to  gain federal                                                                    
     approval for  provider types that are  not specifically                                                                    
     defined  in  federal  statutes and  regulations.    The                                                                    
     department would, of course,  make every effort to gain                                                                    
     federal approval.  However, if  we were not successful,                                                                    
     payments  to birthing  centers would  be state  general                                                                    
     fund only payments rather than  payments matched by the                                                                    
     federal Medicaid  program. ... [In 2006]  that match is                                                                    
     going to  be around  50 percent.   The type  of federal                                                                    
     approval that  we're able to  gain could  also somewhat                                                                    
     drive  the methodology  for  calculating payment  rates                                                                    
     that we would  end up using for birthing  centers.  So,                                                                    
     until  we  have a  written  approval  from the  federal                                                                    
     agency, we won't know for  sure what they would have to                                                                    
     say about that.                                                                                                            
                                                                                                                                
     In 2004  there were close  to 10,000 births  in Alaska;                                                                    
     approximately  50  percent   of  those  were  Medicaid.                                                                    
     Overall in the state,  ... historically about 3 percent                                                                    
     of births  are in birthing  centers. ... In  some areas                                                                    
     where there  are birthing centers, the  birthing center                                                                    
     rates  are  much  higher.  ...   Just  looking  at  the                                                                    
     statewide statistic  though, we'd  be looking  at maybe                                                                    
     150 or so Medicaid births  per year in birthing centers                                                                    
     if this provider type were adopted by Medicaid.                                                                            
                                                                                                                                
MR. NIELSON continued:                                                                                                          
                                                                                                                                
     Some  of the  factors to  consider in  estimating costs                                                                    
     and savings  on adding this  new provider type:  on the                                                                    
     savings  side, we  did find  a study  that was  done in                                                                    
     California  ... where  paying for  these facility  fees                                                                    
     for birthing  centers instead of hospitals  resulted in                                                                    
     a  22 percent  savings  overall in  facility fees,  and                                                                    
     overall  to the  ...  California  Medicaid program,  it                                                                    
     basically  resulted  in a  7  percent  savings, if  you                                                                    
     include doctor  fees versus midwife fees....   So there                                                                    
     are  studies out  there that  show  some savings  along                                                                    
     those  lines.   Certainly the  facilities would  have a                                                                    
     lower cost;  the space, the staff,  the supplies, would                                                                    
     be  lower cost.   As  was mentioned  earlier, fewer  C-                                                                    
     sections  would   likely  happen  using   the  birthing                                                                    
     centers.   Probably less  epidural anesthesia  would be                                                                    
     used, and  so all of  these things  are sort of  on the                                                                    
     savings side of the equation.                                                                                              
                                                                                                                                
MR. NIELSON continued:                                                                                                          
                                                                                                                                
     On the cost  side of the equation we  have things like:                                                                    
     we  would  have  to   change  our  Medicaid  management                                                                    
     information system; that costs  about $130,000 to put a                                                                    
     new provider  type in.   We could have some  births now                                                                    
     that  are happening  at  home that  would  move to  the                                                                    
     birthing center;  we would have increased  costs there.                                                                    
     In the  case where we  have hospital transfers,  we may                                                                    
     end  up  paying  both  the   birthing  center  and  the                                                                    
     hospital  for  those  situations,  and  Medicaid  would                                                                    
     likely  have to  pay transportation  costs between  the                                                                    
     two....   Hospital costs, of  course, are  different by                                                                    
     different  area of  the  state.   There  is always  the                                                                    
     potential of  a slight  chance of  a bad  outcome where                                                                    
     the patient isn't in the  hospital while they're giving                                                                    
     birth and  so they're  not right  on site  if something                                                                    
     bad  were  to  happen.   In  the  hospital  study,  the                                                                    
     birthing  centers  that were  studied  were  part of  a                                                                    
     large health  network, either owned by  an organization                                                                    
     that had a  hospital and various levels  of care within                                                                    
     it, or ...  the hospital is a member of  a network with                                                                    
     a firmly established referral process....                                                                                  
                                                                                                                                
     This  regulation would  require the  department to  set                                                                    
     the  rates for  the  birthing centers  based on  actual                                                                    
     birthing center  costs.   We don't  know for  sure what                                                                    
     those costs  are at this  point; we would have  to find                                                                    
     out and set the rates  accordingly.  But that's sort of                                                                    
     an unknown at this point.   Presumably it would be less                                                                    
     than a hospital cost, but  we just don't know how much.                                                                    
     ...                                                                                                                        
                                                                                                                                
     The federal  government may have  a say in the  type of                                                                    
     reimbursement system  we use.   The  federal government                                                                    
     may not  participate, although we would  work certainly                                                                    
     very  hard  to try  to  make  sure that  happened.  ...                                                                    
     Alaska Medicaid  babies may  be more  at risk  than the                                                                    
     California study;  you know, we've  got a lot  of rural                                                                    
     communities....                                                                                                            
                                                                                                                                
CHAIR WILSON  inquired as  to the number  of birthing  centers in                                                               
the state.                                                                                                                      
                                                                                                                                
MR. NIELSON  replied that there  are eight.  In  further response                                                               
to Chair Wilson, Mr. Nielson  specified that most of the birthing                                                               
centers  are located  around population  centers.   Upon  further                                                               
questioning,  Mr. Nielson  said  that there  are  at least  three                                                               
states for which birthing centers are covered by Medicaid.                                                                      
                                                                                                                                
CHAIR WILSON  surmised that  if there  are at  least a  few other                                                               
states,  the federal  government would  probably cover  Alaska as                                                               
well.                                                                                                                           
                                                                                                                                
3:57:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD expressed his  willingness to address any                                                               
problems or concerns with the bill through amendments.                                                                          
                                                                                                                                
3:59:32 PM                                                                                                                    
                                                                                                                                
TORA  GERRICK,  Part  Owner, Midwives  Birth  Center,  commented,                                                               
"Without this  bill we're definitely  sending a  negative message                                                               
to our working class and underinsured  people in Alaska.  I think                                                               
that we're  telling them  where they have  to have  their babies,                                                               
and  frankly,  I think  it's  a  subtle form  of  discrimination,                                                               
economic  discrimination  at best."    She  highlighted that  her                                                               
facility  participates in  the community  in a  variety of  ways,                                                               
including  the YWCA  Early Breast  and Cervical  Cancer Screening                                                               
program that offers  early cancer screening for  low income women                                                               
in  Alaska.   She  also  highlighted that,  to  the  best of  her                                                               
knowledge,  all of  the  birth  centers in  Alaska  are owned  by                                                               
Alaskan women.   Therefore, by supporting this  bill, the [state]                                                               
would  also be  supporting  locally owned  businesses, and  would                                                               
keep Medicaid  monies in the  state.   In response to  an earlier                                                               
statement  by Mr.  Neilson, she  clarified that  women who  can't                                                               
afford  the   birth  center  facility  fees   aren't  necessarily                                                               
choosing home births.  In fact, she  said she has seen them go to                                                               
the  hospital  instead.    She also  reiterated  that  the  birth                                                               
centers only offer  services to low-risk women,  and so high-risk                                                               
women would already be birthing in hospitals.                                                                                   
                                                                                                                                
4:02:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  commented that there  is no one  on Prince                                                               
of Wales Island to deliver  babies, and therefore the women there                                                               
have to  travel to Ketchikan about  two weeks prior to  their due                                                               
date to deliver.  She asked if those costs wouldn't be cut as                                                                   
well if there were birthing centers in rural areas.                                                                             
                                                                                                                                
CHAIR WILSON replied that she wasn't sure that Medicaid covered                                                                 
those costs.  She noted that no babies are delivered in Wrangell                                                                
anymore due to insurance costs.                                                                                                 
                                                                                                                                
4:04:27 PM                                                                                                                    
                                                                                                                                
KITTY ERNST commented  that she is not an Alaskan,  but is in the                                                               
state  for a  meeting being  conducted on  women's health  by the                                                               
local chapter  of the  American College of  Nurse Midwives.   She                                                               
stated:                                                                                                                         
                                                                                                                                
     [House Bill 111] speaks primarily  to a cost savings of                                                                    
     only $40,000 for 100 births  in the birth center, which                                                                    
     ... it is  alleged could easily be offset  by one birth                                                                    
     center  with  serious  complications.    This  sort  of                                                                    
     infers  that  serious   complications  don't  occur  in                                                                    
     hospitals, and they do, and  they also have added costs                                                                    
     when  serious complications  occur.   Cesarean sections                                                                    
     ...  result  from  a serious  complication.    Neonatal                                                                    
     intensive    care    units    result    from    serious                                                                    
     complications.    Both   of  these  complications,  for                                                                    
     example,  are  far  less  ...  in  a  birthing  center,                                                                    
     because  you're  dealing  with a  low-risk  population.                                                                    
     But it is  significant that in a  national birth center                                                                    
     study,  the Cesarean  rate was  4 percent  among 17,000                                                                    
     birth  center  women.    I   think  that  represents  a                                                                    
     significant cost  savings.   When we  look at  the fact                                                                    
     that the Cesarean section rate  in this country in 2003                                                                    
     has climbed to an all-time  high of 28 percent and much                                                                    
     higher  in certain  locales.   And the  prognosticators                                                                    
     are telling  us it's  going to be  50 percent  by 2010.                                                                    
     And   that's  attributed   to  ...   elective  Cesarean                                                                    
     sections, which means it does  not have to be a medical                                                                    
     indication to  have this  major surgery,  and secondly,                                                                    
     the virtual  national shutdown of  any place to  have a                                                                    
     VBAC, which is a  vaginal birth after Cesarean section.                                                                    
     And both ... the  American College of Obstetricians and                                                                    
     Gynecologists  and   the  American  College   of  Nurse                                                                    
     Midwives have strongly stated that  the solution to the                                                                    
     problem is  to reduce  the number of  primary Caesarian                                                                    
     sections.  And  that is exactly what  the birth centers                                                                    
     do. ...                                                                                                                    
                                                                                                                                
MS. ERNST continued:                                                                                                            
                                                                                                                                
     I really urge  you not to take a short  sighted look in                                                                    
     your  decision on  whether or  not  to reimburse  birth                                                                    
     centers  because my  30 year  experience in  working to                                                                    
     establish and demonstrate  and evaluate this innovation                                                                    
     in the  delivery of health care  ... is that we  need a                                                                    
     lot  more evidence  before we  shut these  places down.                                                                    
     And if you don't pay  a facility for its services, it's                                                                    
     going to shut  down. ... All the other  things are also                                                                    
     important, such  as giving choice to  Medicaid mothers.                                                                    
     ...  We  have the  experience  ...  that the  time  and                                                                    
     education  and  intensive  care given  by  midwives  in                                                                    
     birthing centers  empower these  women to  take control                                                                    
     of their lives.                                                                                                            
                                                                                                                                
MS. ERNST shared  a few anecdotes regarding  empowerment of women                                                               
at birth  centers.   She concluded by  saying that  birth centers                                                               
are safe  and there is a  97 percent satisfaction rate  among the                                                               
women who use birth centers.                                                                                                    
                                                                                                                                
4:13:22 PM                                                                                                                    
                                                                                                                                
KAYE KANNE, CDM, Executive Director,  Juneau Family Birth Center,                                                               
pointed  out  that she  recently  calculated  that on  average  a                                                               
hospital facility  fee is about  $2,500 more than a  birth center                                                               
facility fee,  not counting  any additional  services.   She also                                                               
noted  that in  2004, an  estimated 186  women on  Denali KidCare                                                               
have  had babies  at Alaskan  birth centers.   She  said that  an                                                               
additional 85 women  were not able to pay the  facility fee.  She                                                               
calculated  that  the state  paid  over  $200,000 additional  for                                                               
those  85 women  to  go  to the  hospital  instead  of the  birth                                                               
center.   Noting  that  the  hospital in  Juneau  has a  Cesarean                                                               
section rate  of 40 percent while  the local birth center  has an                                                               
eight percent  rate, she  commented that many  of those  85 women                                                               
probably ended up  having Cesarean section, which  cost the state                                                               
tens of thousands of additional dollars.                                                                                        
                                                                                                                                
MS.  KANNE stated  that even  if the  federal government  did not                                                               
support this, the cost to the  state of paying 100 percent of the                                                               
birth center facility  fees is still less than  paying 50 percent                                                               
of the  hospital facility  fees.   In response  to Representative                                                               
Cissna's  earlier  question, she  replied  that  many women  from                                                               
rural areas come  to Juneau to deliver their babies,  and if they                                                               
have Denali  KidCare coverage, this  will pay for the  travel and                                                               
lodging  expenses, whether  the women  have their  babies at  the                                                               
birth  center  or at  the  hospital.    However,  if there  is  a                                                               
hospital in the rural area,  Denali KidCare will cover the mother                                                               
at  that hospital,  but  not cover  her to  travel  to Juneau  to                                                               
deliver her baby.                                                                                                               
                                                                                                                                
MS. KANNE replied to an earlier remark by Mr. Nielson:                                                                          
                                                                                                                                
     I have  never seen anybody  have a home birth  and then                                                                    
     go to  a birth  center birth; once  they've had  a home                                                                    
     birth,  they're  always going  to  have  a home  birth.                                                                    
     What I  do see is women  who choose to have  a hospital                                                                    
     birth because they can't afford  the facility fee.  One                                                                    
     thing we  do at a  nonprofit birth center is  we donate                                                                    
     that facility  fee if people  cannot afford to  pay, or                                                                    
     we offer  them a sliding  scale.   And it does  make it                                                                    
     hard  for our  ... nonprofit  birth center  to pay  the                                                                    
     bills.  And  I think it is really  important to support                                                                    
     our birth  centers and  to keep our  doors open;  we do                                                                    
     need to be on an  even playing field with the hospitals                                                                    
     as far as getting reimbursement from Medicaid.                                                                             
                                                                                                                                
CHAIR  WILSON remarked  that she  assumes that  midwives' charges                                                               
are less than the doctors' charges.                                                                                             
                                                                                                                                
MS.   KANNE  replied,   "Midwives   charges  are   less  than   a                                                               
physicians',  and Medicaid  pays midwives  at a  lower rate  than                                                               
they  pay  physicians.  ...  We  do get  paid  by  Medicaid,  but                                                               
probably we get ... 60 percent of what physicians get."                                                                         
                                                                                                                                
4:19:44 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON closed public testimony.                                                                                           
                                                                                                                                
4:19:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON moved  to  adopt  Conceptual Amendment  1,                                                               
which  would make  the provisions  of Section  1 contingent  upon                                                               
approval of  matching funding from  the federal Medicaid.   There                                                               
being no objection, Conceptual Amendment 1 was adopted.                                                                         
                                                                                                                                
4:20:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOHRING  commented that  he thinks  it is  good to                                                               
encourage people to attend birthing  centers, however, he stated,                                                               
"From a philosophical  standpoint, I just am  concerned about the                                                               
fact that we're  encouraging use of Medicaid monies  for what you                                                               
had described  as not a  sickness...."  He questioned  the wisdom                                                               
of  using Medicaid  dollars when  "if they're  young, capable  of                                                               
producing children and they're healthy,  they ought to figure out                                                               
a way to  pay their own bills."   He said, "I  think that perhaps                                                               
we ought  to go  the other direction  and not  encourage Medicaid                                                               
payments  either  in these  kind  of  facilities or  in  hospital                                                               
situations, and  perhaps that will  be an incentive for  women to                                                               
go to  these kind  of facilities."   He  continued, "My  point is                                                               
that maybe we ought to discourage  the use of Medicaid monies and                                                               
not encourage the use of Medicaid monies."                                                                                      
                                                                                                                                
4:22:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CRAWFORD  clarified  that  this bill  is  not  to                                                               
encourage more people to use  Medicaid, but to allow those people                                                               
who are already on Medicaid to use a lower cost facility.                                                                       
                                                                                                                                
4:23:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON moved to report  HB 111, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSHB  111(HES)  was                                                               
reported  from the  House Health,  Education and  Social Services                                                               
Standing Committee.                                                                                                             
                                                                                                                                

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