Legislature(2007 - 2008)CAPITOL 106

01/24/2008 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 234 EDUCATION LOAN REPAYMENT PROGRAM TELECONFERENCED
Heard & Held
*+ HB 337 HEALTH CARE: PLAN/COMMISSION/FACILITIES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 337-HEALTH CARE: PLAN/COMMISSION/FACILITIES                                                                                
                                                                                                                                
4:09:09 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON announced  that the next order of  business would be                                                               
HOUSE BILL NO.  337, "An  Act establishing the Alaska Health Care                                                               
Commission  and  the  Alaska   health  care  information  office;                                                               
relating to  health care planning and  information; repealing the                                                               
certificate of  need program for  certain health  care facilities                                                               
and  relating  to  the   repeal;  annulling  certain  regulations                                                               
required for  implementation of the  certificate of  need program                                                               
for  certain  health  care  facilities;   and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
KARLEEN  JACKSON, Commissioner,  Department  of  Health &  Social                                                               
Services, informed  the committee  that the  first section  of HB
337  states  the requirement  that  the  Department of  Health  &                                                               
Social  Services (DHSS)  will implement  a statewide  health plan                                                               
and  create  the  Alaska  Health  Care  Commission.    Section  2                                                               
establishes a ten-member health  care commission with the purpose                                                               
to   develop   a  statewide   plan   to   address  the   quality,                                                               
accessibility, and availability of health  care in the state.  In                                                               
addition,  the commission  will  review and  approve health  care                                                               
facility  information  for  placement on  an  Internet  database.                                                               
Section 2  also specifies that  the plan will  contain strategies                                                               
for  encouraging personal  responsibility,  reducing health  care                                                               
costs,  access   to  safe  water  and   wastewater  systems,  the                                                               
development  of a  sustainable health  care workforce,  access to                                                               
quality health care,  and an increase in the  number of residents                                                               
who are covered by insurance.                                                                                                   
                                                                                                                                
REPRESENTATIVE  ROSES  asked  the  commissioner  to  discuss  the                                                               
composition of  the health care  commission board.  He  noted the                                                               
lack of care providers.                                                                                                         
                                                                                                                                
4:12:10 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  JACKSON explained  that commission  members include                                                               
representatives  from different  departments  of  the state,  for                                                               
example, the Department of Administration  (DOA), that need to be                                                               
involved in health  care.  There will also be  a member appointed                                                               
by the House and one by  the Senate, and three citizen members to                                                               
provide  consumer   representation.     She  observed   that  the                                                               
committee can make changes to the membership of the commission.                                                                 
                                                                                                                                
4:13:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES   stated  his   concern  that   boards  and                                                               
commissions  that  are  capable  of  making  policy  need  to  be                                                               
represented  by  stakeholders.    He  gave  the  example  of  the                                                               
Professional Teacher Practices  Commission.  Representative Roses                                                               
opined  that  medical  and care  giver  representatives  will  be                                                               
needed to provide essential data.                                                                                               
                                                                                                                                
4:15:04 PM                                                                                                                    
                                                                                                                                
COMMISSIONER JACKSON  agreed.  However, she  noted the difficulty                                                               
of deciding who will be excluded from the provider seats.                                                                       
                                                                                                                                
REPRESENTATIVE ROSES  opined that excluding everybody  is not the                                                               
best way.                                                                                                                       
                                                                                                                                
REPRESENTATIVE    GARDNER    expressed   her    agreement    with                                                               
Representative  Roses.   She then  asked Commissioner  Jackson to                                                               
explain the need to include a small business owner.                                                                             
                                                                                                                                
COMMISSIONER  JACKSON stated  that small  business owners  do not                                                               
often have a voice in health care negotiations.                                                                                 
                                                                                                                                
CHAIR WILSON  stated her agreement; the  possibility of mandatory                                                               
employee insurance  coverage for  all businesses is  an important                                                               
issue for small business owners.                                                                                                
                                                                                                                                
4:17:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER added that  many health care providers are                                                               
also small business owners.                                                                                                     
                                                                                                                                
REPRESENTATIVE   KELLER    expressed   his   belief    that   the                                                               
representation  of many  different  interest  groups will  create                                                               
gridlock.   He  encouraged the  formation of  a small  commission                                                               
that will not get caught up in disputes.                                                                                        
                                                                                                                                
CHAIR WILSON asked how many members were on the health council.                                                                 
                                                                                                                                
COMMISSIONER  JACKSON  answered  that there  were  twelve  voting                                                               
members and two ex-officio members.                                                                                             
                                                                                                                                
REPRESENTATIVE CISSNA acknowledged that  the difficult problem of                                                               
health  care is  a topic  that has  not been  very accessible  to                                                               
legislators.  She  stated her concern that, with  the high number                                                               
of state  representatives on  the commission,  there will  not be                                                               
enough voices  from across the state,  especially when developing                                                               
policy  for the  state.   In addition,  legislators are  only now                                                               
beginning to  get analysis  of the most  recent health  care data                                                               
available.   Representative Cissna  encouraged the study  of that                                                               
data  in  order  to  develop  the  proper  kind  of  health  care                                                               
commission.                                                                                                                     
                                                                                                                                
4:21:59 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  JACKSON  advised  that  there is  a  component  for                                                               
travel  for the  commission  to allow  for  visitations all  over                                                               
state in  order to hear  from community stakeholders.   She asked                                                               
for clarification of Representative Cissna's other concern.                                                                     
                                                                                                                                
REPRESENTATIVE   CISSNA   explained   that   the   analysis   the                                                               
legislators have  received is  incomplete.   In fact,  Alaska has                                                               
behavioral health  treatment studies that have  not been reported                                                               
to the legislature.  She noted  that $2 billion is being spent on                                                               
health care and  asked for details on what amount  is being spent                                                               
on aspects of behavioral and physical health care.                                                                              
                                                                                                                                
4:24:19 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  JACKSON informed  the committee  that there  are 70                                                               
reports posted on the health care council website.                                                                              
                                                                                                                                
REPRESENTATIVE CISSNA clarified that she  was referring to all of                                                               
the divisions  within health care.   She expressed  her intention                                                               
to  develop a  list of  issues to  address at  the next  hearing,                                                               
including, what the commission needs to  look at and from whom it                                                               
should hear  testimony.  The  previous health care  plan, written                                                               
in the  70s and 80s,  should be reviewed  in order to  learn from                                                               
the history of the state.                                                                                                       
                                                                                                                                
4:26:24 PM                                                                                                                    
                                                                                                                                
COMMISSIONER JACKSON said that the  second component in Section 2                                                               
establishes an  Alaska health care  information office  that will                                                               
provide, at a website, consistently  updated health care facility                                                               
information  to consumers.   She  continued to  explain that,  to                                                               
provide  health   care  transparency,  the  state   must  provide                                                               
consumers   with  information   on  the   health  care   industry                                                               
including:  where  to find services;  what is  the cost; what the                                                               
other  options   are;  and  the   possibility  of   outcomes  for                                                               
procedures.   Florida has  a website  currently available  to its                                                               
residents.                                                                                                                      
                                                                                                                                
4:29:34 PM                                                                                                                    
                                                                                                                                
JAY  BUTLER,  M.  D.;  Chief   Medical  Officer,  Office  of  the                                                               
Commissioner, Department  of Health & Social  Services, described                                                               
his  search  for  a  prescription on  the  Florida  website  that                                                               
provided information on the price  of the prescription at various                                                               
pharmacies  in the  area.   The prices  ranged from  $11 to  $41.                                                               
Websites  in other  states allow  searches for  insurance carrier                                                               
coverage  and  descriptions  of   services  available  at  health                                                               
centers.   Dr.  Butler provided  descriptions of  the variety  of                                                               
information, including prevention, that can be posted.                                                                          
                                                                                                                                
4:32:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES  asked   whether  the  prescription  quotes                                                               
compared brand names with generic equivalents.                                                                                  
                                                                                                                                
DR.  BUTLER responded  that he  was not  sure; however,  specific                                                               
information like this can be designed into the website.                                                                         
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  asked   whether  there  are  multiple                                                               
definitions  of medical  codes.   She also  asked how  a consumer                                                               
could compare the costs for different types of fractures.                                                                       
                                                                                                                                
DR. BUTLER explained that the  goal of the information website is                                                               
to  focus on  the greatest  majority of  health care  costs.   It                                                               
would  be  impossible  to  try   to  capture  the  costs  of  all                                                               
procedures.                                                                                                                     
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH asked how expensive  it will be for the                                                               
state to  develop a criteria  process, to define the  most common                                                               
drugs  and treatments,  so that  consumers can  make an  informed                                                               
choice.    To  protect  the  physician,  accuracy  must  also  be                                                               
maintained when  quoting rates,  and she  asked how  other states                                                               
provide a continuous update of information.                                                                                     
                                                                                                                                
DR. BUTLER stated that the  most common procedures are determined                                                               
by a review of claims data.                                                                                                     
                                                                                                                                
COMMISSIONER JACKSON reminded the  committee that the fiscal note                                                               
provides  for  employees  to  create   the  web  based  technical                                                               
components  of the  website,  and two  health  planners who  will                                                               
begin  developing the  website using  best practices  procedures.                                                               
Alaska is  at the beginning  of the  process and the  health care                                                               
commission will be providing many of the details.                                                                               
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  asked  how   much  Florida  spent  to                                                               
establish its website.   She noted that the  "software world" can                                                               
be very expensive.                                                                                                              
                                                                                                                                
REPRESENTATIVE  GARDNER suggested  that the  state could  buy the                                                               
software from an existing site.                                                                                                 
                                                                                                                                
COMMISSIONER JACKSON said that the  DHSS would provide answers to                                                               
both  of these  questions  at a  later date.    She continued  to                                                               
explain  that a  committee  substitute (CS)  would be  introduced                                                               
next week with more detailed information on this section.                                                                       
                                                                                                                                
REPRESENTATIVE   ROSES  expressed   his   support  of   reporting                                                               
information  on the  Internet.   However, he  stated his  concern                                                               
about  the  potential  harm of  inaccurate  reporting,  absent  a                                                               
strict  protocol for  the  provision  of services.    He gave  an                                                               
example  of  costs that  only  seemed  comparable, and  cautioned                                                               
about  creating  an  opportunity   for  improper,  unethical,  or                                                               
illegal behavior.                                                                                                               
                                                                                                                                
4:40:08 PM                                                                                                                    
                                                                                                                                
COMMISSIONER JACKSON  agreed and  assured the committee  that the                                                               
site would be under the authority of the chief medical officer.                                                                 
                                                                                                                                
DR. BUTLER  added that an  aspect of the disclosure  of reporting                                                               
is  that  quality data,  like  cost  data,  can be  difficult  to                                                               
determine.   There are  certain benchmarks;  for example,  one of                                                               
the states  reports in-hospital complication rates  and mortality                                                               
rates, along with costs.                                                                                                        
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  recalled that the  committee discussed                                                               
self  medication,  over-dosing,  and  drug seeking.    She  asked                                                               
whether the state can prevent abuse of the system.                                                                              
                                                                                                                                
4:42:51 PM                                                                                                                    
                                                                                                                                
DR. BUTLER  said that he  was not  sure how reporting  price data                                                               
would alter drug seeking behavior.                                                                                              
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH  pointed  out that  medical  providers                                                               
have   testified  that   advertising  a   pharmaceutical  product                                                               
encourages patients to advocate for its use.                                                                                    
                                                                                                                                
CHAIR WILSON expressed her understanding  that this bill will put                                                               
on-line the  cost of health care  for an individual who  wants to                                                               
know how  much a procedure will  cost, and thus will  help people                                                               
help themselves.                                                                                                                
                                                                                                                                
4:45:06 PM                                                                                                                    
                                                                                                                                
DR. BUTLER demonstrated how to  use the Florida website, using an                                                               
illustrative patient and medication.                                                                                            
                                                                                                                                
REPRESENTATIVE FAIRCLOUGH  asked whether there is  recourse for a                                                               
consumer if the information is not accurate.                                                                                    
                                                                                                                                
DR. BUTLER said that he did  not know and advised that a consumer                                                               
should call  the provider  and confirm  prices.   He acknowledged                                                               
that the accuracy of the information is critical.                                                                               
                                                                                                                                
REPRESENTATIVE ROSES  related a  personal anecdote  and re-stated                                                               
his  caution about  the state's  website providing  "advertising"                                                               
for products.                                                                                                                   
                                                                                                                                
4:50:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER   stressed    the   importance   of   the                                                               
individual's   responsibility  in   his  or   her  health   care,                                                               
particularly in the  price that is paid for drugs.   He commended                                                               
the DHSS for its work.                                                                                                          
                                                                                                                                
CHAIR  WILSON  asked  whether  the   information  website  was  a                                                               
recommendation of the health care council.                                                                                      
                                                                                                                                
REPRESENTATIVE GARDNER said yes.                                                                                                
                                                                                                                                
COMMISSIONER JACKSON  agreed and  noted that the  Florida website                                                               
was endorsed by the Florida attorney general.                                                                                   
                                                                                                                                
4:51:39 PM                                                                                                                    
                                                                                                                                
DR.  BUTLER  continued  to demonstrate  the  comparison  of  drug                                                               
prices on the Florida website.                                                                                                  
                                                                                                                                
4:52:48 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  JACKSON said  that the  proposed bill  will require                                                               
health  care   facilities,  home   and  community   based  waiver                                                               
services, and personal care attendants,  to provide the DHSS with                                                               
information  related   to  their   costs,  types   of  insurance,                                                               
location, and facilities.                                                                                                       
                                                                                                                                
DR.  BUTLER added  that  web  site data  that  is customized  and                                                               
interactive can make  a difference in the  prevention of disease.                                                               
He  related  the success  of  a  Kentucky wellness  website  that                                                               
improved the health of state employees.                                                                                         
                                                                                                                                
4:54:36 PM                                                                                                                    
                                                                                                                                
COMMISSIONER JACKSON  informed the committee  that part 3  of the                                                               
bill,  with   the  exception  of   Section  5   that  establishes                                                               
administrative support for the  health care commission, addresses                                                               
the  repeal of  the Certificate  of Need  program.   She recalled                                                               
that the CON program was put  in place to increase access to care                                                               
and  to keep  the cost  of  facility care  down; however,  better                                                               
tools to  serve these purposes  are now available.   Commissioner                                                               
Jackson noted that there are  nine active lawsuits that the state                                                               
must defend concerning denied CON  applications.  She referred to                                                               
the CS that proposes to repeal the CON by a two year process.                                                                   
                                                                                                                                
REPRESENTATIVE ROSES  reminded the committee that  past testimony                                                               
regarding the  CON was  heard last session  and the  parties were                                                               
encouraged  to   work  on  a   compromise.    He   expressed  his                                                               
understanding   that  the   offered  compromise   has  not   been                                                               
incorporated into the bill.                                                                                                     
                                                                                                                                
COMMISSIONER JACKSON expressed her  appreciation of the work that                                                               
was done  by the negotiated  rule-making task force.   There were                                                               
recommendations  made,  although  the  recommendations  were  not                                                               
unanimous.   Some of the  recommendations suggested  the addition                                                               
of staff  for enforcement  and data  collection.   She encouraged                                                               
the committee  to read  the report  that was  issued by  the task                                                               
force.                                                                                                                          
                                                                                                                                
5:00:11 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON  pointed out  that the report  is very  detailed and                                                               
will be reviewed at a later hearing.                                                                                            
                                                                                                                                
REPRESENTATIVE GARDNER  asked how the health  care commission and                                                               
health information website  is related to the repeal  of the CON.                                                               
If  they are  related, she  suggested that  the repeal  should be                                                               
delayed until after the commission and website are underway.                                                                    
                                                                                                                                
5:02:09 PM                                                                                                                    
                                                                                                                                
COMMISSIONER JACKSON  explained that  part of  the issue  is that                                                               
the work  done so far,  by the CON  task force, would  not remove                                                               
current  or future  lawsuits.   She opined  that the  health care                                                               
commission and  the website will  begin to serve the  purposes of                                                               
the  CON; furthermore,  the current  lawsuits  would become  moot                                                               
under the proposed bill.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GARDNER expressed  her  doubt as  to how  listing                                                               
costs and consumer information will  affect the cost to hospitals                                                               
of providing necessary services.                                                                                                
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH asked  for  the  purpose of  proposing                                                               
three  bills in  one, as  opposed to  three separate  components.                                                               
She suggested  that the committee could  delete the controversial                                                               
issue  in order  to  move  forward with  other  components.   She                                                               
further  asked  about  the  liability   of  an  open  market  and                                                               
deregulation.                                                                                                                   
                                                                                                                                
REPRESENTATIVE   CISSNA   asked   whether  there   has   been   a                                                               
comprehensive market  study done on  the communities that  may be                                                               
affected by the legislation.                                                                                                    
                                                                                                                                
5:05:25 PM                                                                                                                    
                                                                                                                                
COMMISSIONER JACKSON said that she was not aware of one.                                                                        
                                                                                                                                
[HB 337 was held over.]                                                                                                         

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