Legislature(2011 - 2012)CAPITOL 106

03/15/2011 03:00 PM House HEALTH & SOCIAL SERVICES


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 1 POLICY FOR SECURING HEALTH CARE SERVICES TELECONFERENCED
Moved CSHB 1(HSS) Out of Committee
+= HB 78 INCENTIVES FOR CERTAIN MEDICAL PROVIDERS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HCR 5 VITAMIN D SUPPLEMENTS TELECONFERENCED
Moved CSHCR 5(HSS) Out of Committee
         HB 78-INCENTIVES FOR CERTAIN MEDICAL PROVIDERS                                                                     
                                                                                                                                
3:41:29 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the  final order of business would be                                                               
HOUSE BILL NO. 78, "An  Act establishing a loan repayment program                                                               
and  employment   incentive  program  for  certain   health  care                                                               
professionals  employed  in  the  state;  and  providing  for  an                                                               
effective  date."   [In  front  of  the  committee was  CSHB  78,                                                               
Version I, which  had been adopted as the working  draft by House                                                               
Health and Social Services Standing Committee on March 8, 2011.]                                                                
                                                                                                                                
REPRESENTATIVE  HERRON  moved  to adopt  the  proposed  Committee                                                               
Substitute (CS) for HB 78,  27-LS0147\D, Mischel, 3/11/11, as the                                                               
working  document.   There  being  no  objection, Version  D  was                                                               
before the committee.                                                                                                           
                                                                                                                                
3:42:26 PM                                                                                                                    
                                                                                                                                
LIZ  CLEMENT,  Staff,  Representative Bob  Herron,  Alaska  State                                                               
Legislature,  explained  the  changes   from  Version  I  to  the                                                               
proposed Version D.  She pointed  out that Section 1 of Version I                                                               
had  been deleted,  as  it  was found  to  be  unnecessary.   She                                                               
directed attention  to Version D, page  1, line 7, and  said that                                                               
it had been reworded to  clearly reflect the loan repayment plan.                                                               
She moved  on in Version D,  to page 3, lines  1-8, and explained                                                               
that this  now consolidated criteria  for the  employers matching                                                               
payment from two places in Version I.                                                                                           
                                                                                                                                
3:45:10 PM                                                                                                                    
                                                                                                                                
MS.  CLEMENT,   referring  to  Version   D,  page  2,   line  19,                                                               
established  that a  new  (b)(9)  had been  added  to direct  the                                                               
Department  of  Health  and Social  Services  (DHSS)  to  include                                                               
procedures  for allowable  leaves  of absence  for the  providers                                                               
participating in the  program.  Continuing to  discuss Version D,                                                               
she pointed  to page 3, lines  11-30, which elaborated on  the 12                                                               
year   lifetime   maximum   for  a   medical   provider   program                                                               
participant.   She  said  that this  allowed,  after the  initial                                                               
three  year  period,  for  an  additional  three  year  cycle  of                                                               
participation  in  the  program   should  the  provider  like  to                                                               
continue,  and  if  DHSS  agreed   with  the  eligibility.    She                                                               
clarified that even  if a participant was in the  program for all                                                               
six  years, and  then returned  to school  for further  training,                                                               
that they  could return upon  completion of this training  for an                                                               
additional  three year  period, with  the possibility  of another                                                               
three year renewal.                                                                                                             
                                                                                                                                
3:47:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON,  referring to  page 3,  line 15,  asked if                                                               
there was a limitation to the three year renewal period.                                                                        
                                                                                                                                
MS. CLEMENT  replied that the  intent was for one  initial period                                                               
and one  renewal period, for  a maximum  of six years  within the                                                               
first participation span.                                                                                                       
                                                                                                                                
REPRESENTATIVE SEATON asked if this  was the only mention for the                                                               
maximum six year participation.                                                                                                 
                                                                                                                                
3:48:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON,  in  response to  Representative  Seaton,                                                               
directed attention to page 3, line 27.                                                                                          
                                                                                                                                
MS. CLEMENT, directing attention to  page 3, line 31 through page                                                               
4,  line 4,  declared that  new language  ensured that  DHSS will                                                               
have  the  capability  to  prorate  loan  repayments  and  direct                                                               
incentive  payments  to  providers  for  the  percentage  of  the                                                               
calendar quarter  which they  worked.  She  opined that  it would                                                               
most likely  be in effect during  the first and the  last quarter                                                               
of  work.   She confirmed  that  allowing payment  on a  calendar                                                               
quarterly basis would add efficiency.                                                                                           
                                                                                                                                
3:50:23 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT indicated page 4, line  27, Version D, which now read                                                               
"education loans held  by or made to eligible tier  I and tier II                                                               
health care professionals..."  She  explained that this increased                                                               
the eligibility for the loan  repayment portion of the program to                                                               
include loans  other than those  from the  State of Alaska.   She                                                               
announced that  consultant remarks to  this idea had  ranged from                                                               
neutral to supportive.                                                                                                          
                                                                                                                                
3:51:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   asked  for  a  reason   to  include  the                                                               
complexity  of  a  loan  repayment  program,  as  opposed  to  an                                                               
incentive payment which  would allow the participants  to pay the                                                               
loans themselves.                                                                                                               
                                                                                                                                
MS. CLEMENT replied  that other states with  similar programs had                                                               
found  that   participants  in   loan  repayment   programs  were                                                               
sometimes exempt from federal income tax on this repayment.                                                                     
                                                                                                                                
3:52:32 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT  explained page  4, line 25,  Version D,  which added                                                               
"and loan  repayment amount,  if any, under  AS 18.29.025."   She                                                               
stated that  this would allow  the loan repayment  participant to                                                               
complete a three  year cycle, and if the loan  repayment had been                                                               
completed, then  to continue  work for  an additional  three year                                                               
cycle, if eligible, under the direct incentive program.                                                                         
                                                                                                                                
3:53:44 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT, moving  on to page 5, line 23,  Version D, clarified                                                               
that  eligibility   was  determined   by  the  approval   of  the                                                               
application by the commissioner.                                                                                                
                                                                                                                                
3:54:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked if the  intent was for  an applicant                                                               
to submit an  application which, after meeting  all the criteria,                                                               
could then be approved by the commissioner.                                                                                     
                                                                                                                                
MS. CLEMENT concurred.                                                                                                          
                                                                                                                                
3:55:06 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT directed attention to page  6, line 2, Version D, and                                                               
explained  that eligibility  for the  loan repayment  program was                                                               
contingent on  the applicant having  an unpaid balance on  one or                                                               
more  eligible  educational  loans,  as verified  by  the  Alaska                                                               
Commission on Postsecondary Education (ACPE).                                                                                   
                                                                                                                                
3:55:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  to clarify  that ACPE  would gather                                                               
data and verify it to be  an eligible education loan, even if the                                                               
loan did not originate from ACPE.                                                                                               
                                                                                                                                
MS.  CLEMENT agreed,  and  shared that  ACPE  had suggested  this                                                               
process.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON referred  to page  5, line  30, noted  the                                                               
definition of eligibility for loan  repayment, and asked if there                                                               
was a definition for an eligible education loan.                                                                                
                                                                                                                                
3:57:43 PM                                                                                                                    
                                                                                                                                
MS.  CLEMENT  replied that  proposed  HB  78  did not  contain  a                                                               
written  definition  for  an eligible  education  loan,  and  she                                                               
offered to supply one.                                                                                                          
                                                                                                                                
3:59:36 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT reviewed  page 6, line 6, Version D,  and stated that                                                               
this would allow DHSS to  prioritize sites, and the physicians at                                                               
those  sites, for  eligibility of  participation  in the  program                                                               
based on remoteness  and/or a percentage of  federal health care,                                                               
Medicaid, or Medicare program beneficiaries.                                                                                    
                                                                                                                                
4:01:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON   asked  if  the  prioritization   was  in                                                               
conflict with  the definition for  eligible site on page  6, line                                                               
18-20.                                                                                                                          
                                                                                                                                
CHAIR  KELLER  requested that  the  question  be held  for  later                                                               
response.                                                                                                                       
                                                                                                                                
4:02:24 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT  directed attention to  page 6, line 31  through page                                                               
7, line  5, Version  D, and  shared that  the words  "licensed or                                                               
exempt  from licensure  in  the  state" had  been  added to  both                                                               
definitions.   She said  that this would  ensure the  program was                                                               
open  to qualified,  trained health  care providers.   She  noted                                                               
that  Indian Health  Services health  care providers  were exempt                                                               
from licensure in the state.                                                                                                    
                                                                                                                                
4:03:42 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT  pointed out that  a few grammatical changes  with no                                                               
impact had also been changed in proposed HB 78.                                                                                 
                                                                                                                                
4:03:53 PM                                                                                                                    
                                                                                                                                
MARGARET  SODEN,   Pharmacist,  Alaska   Pharmacist  Association,                                                               
offered her  belief that proposed  HB 78 would  encourage medical                                                               
professionals  to come  to Alaska  to  work.   She expressed  her                                                               
support of proposed HB 78.                                                                                                      
                                                                                                                                
CHAIR KELLER closed public testimony.                                                                                           
                                                                                                                                
4:07:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  pointing  to  page 6,  asked  about  the                                                               
prioritization criteria  and the  criteria for  site eligibility.                                                               
He asked  if the needs  assessment and the  employment statistics                                                               
required for  site eligibility  would also  be considered  in the                                                               
prioritization criteria.                                                                                                        
                                                                                                                                
4:08:42 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT  replied that this  was not intended and  she offered                                                               
to clarify  this section.   She opined that the  needs assessment                                                               
would be  included in  the consideration  for remoteness  of site                                                               
and the percentage of underserved patients.                                                                                     
                                                                                                                                
4:09:35 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER, referring to page 6,  line 29, asked if it would be                                                               
more  appropriate for  qualified employment  to include  not less                                                               
than 70 percent  of time on direct patient  health care services,                                                               
as opposed to 50 percent as currently written.                                                                                  
                                                                                                                                
REPRESENTATIVE   HERRON   agreed   that  there   was   room   for                                                               
clarification, but  that smaller clinics required  that a medical                                                               
professional do more than direct patient services.                                                                              
                                                                                                                                
4:11:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  reminded the Chair of  his earlier request                                                               
for  further  clarification  on eligible  education  loans.    He                                                               
referred to page 2, line 19,  and asked for an explanation on the                                                               
procedures for allowable leaves of absence.                                                                                     
                                                                                                                                
4:12:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON asked that the DHSS respond to this.                                                                      
                                                                                                                                
4:13:02 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER, indicating  page 3, line 4, asked  why the employer                                                               
would not pay more than 50 percent of the combined incentive.                                                                   
                                                                                                                                
4:13:32 PM                                                                                                                    
                                                                                                                                
MS. CLEMENT  replied that  the value  of up to  50 percent  was a                                                               
carryover  from previous  versions of  the bill.   She  suggested                                                               
that the percentage could be increased  to match the ability of a                                                               
facility to pay.                                                                                                                
                                                                                                                                
REPRESENTATIVE HERRON  relayed that the  range could be  as broad                                                               
as 0 percent to 100 percent.                                                                                                    
                                                                                                                                
CHAIR  KELLER reflected  that  this was  aligned  with the  needs                                                               
assessment by the Commissioner of DHSS.                                                                                         
                                                                                                                                
4:15:16 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  moved to adopt Amendment  1, labeled 27-LS0147\D.1,                                                               
Mishcel, 3/15/11, which read:                                                                                                   
                                                                                                                                
     Page 3, line 2, following "department":                                                                                    
          Insert "for deposit in the general fund"                                                                              
                                                                                                                                
     Page 3, line 10, following "department":                                                                                   
          Insert "from money appropriated for the purpose"                                                                      
                                                                                                                                
     Page 4, following line 6:                                                                                                  
     Insert a new subsection to read:                                                                                           
          "(i)  Direct incentive payments, loan repayments,                                                                     
         and matching payments shall be made with funds                                                                         
     appropriated by the legislature for that purpose."                                                                         
                                                                                                                                
     Page 4, lines 30 - 31:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Reletter the following subsections accordingly.                                                                            
                                                                                                                                
     Page 5, following line 20:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(c)  If insufficient funds are appropriated in a                                                                     
       fiscal year, the department shall prorate payments                                                                       
      based on the number of approved participants in the                                                                       
     program."                                                                                                                  
                                                                                                                                
                                                                                                                                
REPRESENTATIVE HERRON objected for discussion.                                                                                  
                                                                                                                                
CHAIR  KELLER   clarified  that  this  was   not  the  conceptual                                                               
amendment [Included in members' packets.]                                                                                       
                                                                                                                                
CHAIR KELLER,  explaining proposed  Amendment 1 and  referring to                                                               
page 3,  line 1, asked  if the "nonrefundable  quarterly matching                                                               
payments to  the department" could  be construed as either  a tax                                                               
or  a dedicated  fund.   He suggested  that "for  deposit in  the                                                               
general fund" be inserted on page 3, line 2.                                                                                    
                                                                                                                                
4:18:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked that if  the money were paid  to the                                                               
general fund,  would the  funds then not  be available  until the                                                               
legislature appropriated the money.                                                                                             
                                                                                                                                
CHAIR KELLER asked to leave the question open.                                                                                  
                                                                                                                                
4:18:57 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER opined that adding  "from money appropriated for the                                                               
purpose" following "department"  on page 3, line  10 would better                                                               
clarify it.                                                                                                                     
                                                                                                                                
4:19:07 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER, continuing his discussion  of proposed Amendment 1,                                                               
moved  on to  page 4,  line 6,  where he  proposed to  add a  new                                                               
subsection (i).                                                                                                                 
                                                                                                                                
4:19:32 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  suggested deletion of  all the material on  page 4,                                                               
line 30-31.                                                                                                                     
                                                                                                                                
4:19:51 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  endorsed  that  proposed Amendment  1  add  a  new                                                               
subsection (c) on  page 5, following line 20.   He suggested that                                                               
proposed Amendment 1 answered Representative Seaton's question.                                                                 
                                                                                                                                
4:20:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked for an explanation  for the proposal                                                               
to delete lines  30-31 on page 4,  and he asked if  that had been                                                               
deleted elsewhere.                                                                                                              
                                                                                                                                
CHAIR KELLER,  in response, explained  that proposed  Amendment 1                                                               
inserted a  new subsection (i), on  page 4, following line  6, as                                                               
well as a  new subsection (c) on  page 5, following line  20.  He                                                               
confirmed  that the  proposed  deletion had  been  from the  loan                                                               
repayment section,  but was  now included  in the  description of                                                               
the entire program.                                                                                                             
                                                                                                                                
4:22:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON asked if deleting  it from AS 18.29.025 and                                                               
inserting it into  AS 18.29.015 accomplished the same  thing.  He                                                               
opined that the  drafter of the amendment would  not do something                                                               
which they should not do.                                                                                                       
                                                                                                                                
CHAIR  KELLER   replied  that  Legislative  Legal   and  Research                                                               
Services would need to answer that.                                                                                             
                                                                                                                                
4:23:29 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER   announced  that  proposed  HB   78  and  proposed                                                               
Amendment 1  would be  held over.   He offered  to work  with the                                                               
bill  sponsor  on  the amendment,  and  he  asked  Representative                                                               
Seaton to  further investigate the  questions regarding  leave of                                                               
absence.                                                                                                                        
                                                                                                                                
4:24:28 PM                                                                                                                    
                                                                                                                                
DIANE   BARRANS,  Executive   Director,   Alaska  Commission   on                                                               
Postsecondary  Education, offered  her  belief that  it would  be                                                               
beneficial to  include a  definition for  "eligible loans."   She                                                               
confirmed  that similar  definitions  were  contained in  related                                                               
federal loan repayment programs.                                                                                                
                                                                                                                                
4:25:09 PM                                                                                                                    
                                                                                                                                
MS. BARRANS, in  response to Chair Keller, said that  she did not                                                               
know about leave of absence.                                                                                                    
                                                                                                                                
4:25:35 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  suggested that Representative  Herron, as  the bill                                                               
sponsor,  work  with Ms.  Barrans  and  Representative Seaton  to                                                               
formulate a definition.                                                                                                         
                                                                                                                                
4:26:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  about  the  quarterly repayment  of                                                               
loans, especially in conjunction with leaves of absence.                                                                        
                                                                                                                                
4:26:53 PM                                                                                                                    
                                                                                                                                
PAT CARR, Chief, Health Planning  and Infrastructure, Division of                                                               
Health Care  Services, Department of Health  and Social Services,                                                               
explained  that  quarterly payments  were  more  efficient.   She                                                               
agreed that  a mid quarter  entrance or departure to  the program                                                               
allowed the department to pro  rate that quarterly payment, which                                                               
would be the same for any unpaid leave of absence.                                                                              
                                                                                                                                
REPRESENTATIVE SEATON  clarified that  payments for  the calendar                                                               
quarter defined when the payments were  to be made, and that they                                                               
would  be prorated  to  the  actual time.    He established  that                                                               
unpaid leaves  of absence were allowed  under special conditions,                                                               
such as an emergency or a medically necessity.                                                                                  
                                                                                                                                
[HB 78 was held over.]                                                                                                          

Document Name Date/Time Subjects
CS HCR 5.pdf HHSS 3/15/2011 3:00:00 PM