Legislature(2013 - 2014)CAPITOL 106

04/02/2013 03:00 PM House HEALTH & SOCIAL SERVICES


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03:05:13 PM Start
03:06:13 PM HJR14
03:46:16 PM HB54
04:04:27 PM Alaska Children's Services
04:37:55 PM HB134
05:06:09 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Alaska's Children's Services TELECONFERENCED
*+ HJR 14 DELAY IMPLEMENTING AFFORDABLE CARE ACT TELECONFERENCED
Moved CSHJR 14(HSS) Out of Committee
+= HB 54 PLACEMENT OF A CHILD IN NEED OF AID TELECONFERENCED
Moved CSSSHB 54(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 134 MEDICAID PAYMENT FOR MEDISET PRESCRIPTION TELECONFERENCED
Heard & Held
        HB 134-MEDICAID PAYMENT FOR MEDISET PRESCRIPTION                                                                    
                                                                                                                                
4:37:55 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  announced that the  final order of  business would                                                               
be HOUSE  BILL NO.  134, "An Act  requiring Medicaid  payment for                                                               
scheduled unit  dose prescription  drug packaging  and dispensing                                                               
services for specified  recipients."  [In front  of the committee                                                               
was  Version  28-LS0303\Y, adopted  as  the  working document  on                                                               
March 28, 2013.]                                                                                                                
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute (CS) for HB 134,  labeled 28-LS0303\R, Mischel, 4/1/13                                                               
as the working document.                                                                                                        
                                                                                                                                
REPRESENTATIVE PRUITT objected for discussion.                                                                                  
                                                                                                                                
4:38:24 PM                                                                                                                    
                                                                                                                                
CHARLES  GUINCHARD, Staff,  Representative  Mia Costello,  Alaska                                                               
State  Legislature,  explained that  the  changes  for Version  R                                                               
included:                                                                                                                       
                                                                                                                                
     Section 1 AS 47.01.031(a).  This section has been                                                                        
     amended by adding legislative intent language guiding                                                                      
     the department's eligibility regulations for this                                                                          
     program.  This language was added to ensure that in                                                                        
     the event that Medicaid services were to expand, the                                                                       
     scope of individuals eligible for this program would                                                                       
     remain the same.  This language appears as (1)-(5) in                                                                      
     paragraph (a), page 1, line 12.                                                                                            
                                                                                                                                
MR. GUINCHARD referenced his earlier testimony for the bulleted                                                                 
list of current regulations, and pointed out that similar                                                                       
language had been requested for this change.  He noted the                                                                      
second change:                                                                                                                  
                                                                                                                                
     Section 1 AS 47.01.031(c).  This section has been                                                                        
     amended by adding language to clarify that non-local                                                                       
     transportation of medication compliance packaging is                                                                       
     by mail or package delivery service.                                                                                       
                                                                                                                                
MR. GUINCHARD explained that this addressed concerns for the                                                                    
earlier limitation to USPS.  He commented on the third change                                                                   
for Version R:                                                                                                                  
                                                                                                                                
     Section 1 AS 47.01.031(e)(2).  The definitions of                                                                        
     "units of use" has replaced the previous definition of                                                                     
     "medication compliance packaging".                                                                                         
                                                                                                                                
MR.  GUINCHARD  said that  the  proposed  bill had  been  updated                                                               
accordingly to  reflect this  new definition.   He  declared that                                                               
this concluded the changes for proposed Version R.                                                                              
                                                                                                                                
4:41:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  said that he  was "painfully aware  of the                                                               
rising costs of health care."   He declared that he would find it                                                               
difficult to vote for any expansion of Medicaid services.                                                                       
                                                                                                                                
JON   SHERWOOD,  Medicaid   Special  Projects,   Office  of   the                                                               
Commissioner,  Department of  Health  and  Social Services,  said                                                               
that dispensing fees and mediset  fees were already being paid by                                                               
Medicaid.  He stated that  the proposed bill provided a statutory                                                               
requirement  to   continue  with  this  payment,   and  that  the                                                               
increased costs had been noted in  the fiscal note.  He said that                                                               
criteria   in   the   proposed  legislation   defined   qualified                                                               
providers,   which   were   somewhat   different   than   current                                                               
regulation.  He  declared that it was unclear  whether this would                                                               
expand the number of qualified providers.                                                                                       
                                                                                                                                
4:43:32 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
4:45:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER asked  if  there was  intent  to hold  the                                                               
bill.                                                                                                                           
                                                                                                                                
CHAIR HIGGINS replied that he  intended to hold it until Thursday                                                               
[April 4].                                                                                                                      
                                                                                                                                
REPRESENTATIVE  KELLER emphasized  that he  wanted a  fiscal note                                                               
for the cost increases.  He  declared that it was necessary to be                                                               
cautious of  increases because of  the rising health  care costs.                                                               
He asked if there would be a re-evaluated fiscal note.                                                                          
                                                                                                                                
MR.  SHERWOOD  said that  the  changes  to  Version R  would  not                                                               
significantly alter the fiscal note.                                                                                            
                                                                                                                                
4:46:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  asked if  the proposed changes  would make                                                               
it  easier   for  smaller  pharmacies   to  qualify   as  mediset                                                               
pharmacies.                                                                                                                     
                                                                                                                                
MR. SHERWOOD  replied that, currently  the requirement was  for a                                                               
percentage of  volume to qualify,  and that the  current proposed                                                               
bill did  not require  that volume.   He shared  that he  was not                                                               
aware if the other requirements were equally limiting.                                                                          
                                                                                                                                
4:48:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER asked  for  assurance that  the fee  would                                                               
reflect in statute, so that businesses could respond.                                                                           
                                                                                                                                
MR. SHERWOOD,  in response to  Chair Higgins, explained  that the                                                               
fiscal note for $414,000 was for  the partial year in 2014, which                                                               
was then increased to $1,657,000  for the following fiscal years,                                                               
2015-2019.  He pointed out that federal funding would pay half.                                                                 
                                                                                                                                
4:50:03 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  asked to clarify  that Version R would  not change                                                               
the cost estimate.                                                                                                              
                                                                                                                                
MR.  SHERWOOD said  that he  would provide  any necessary  fiscal                                                               
note updates on Thursday, April 4.                                                                                              
                                                                                                                                
4:50:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER   asked  if  the  mediset   program  would                                                               
continue to be  paid regardless of passage of  the proposed bill,                                                               
and he asked to clarify the cost increase.                                                                                      
                                                                                                                                
MR. SHERWOOD  explained that  the language  of the  proposed bill                                                               
would  increase  the  frequency  of the  dispensing  fee,  or  an                                                               
equivalent increase in the combined dispensing and mediset fee.                                                                 
                                                                                                                                
4:51:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR asked  if  it was  possible  to address  the                                                               
proposed amendment.                                                                                                             
                                                                                                                                
4:52:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT removed his objection to Version R.                                                                       
                                                                                                                                
4:52:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR  moved to  adopt  Amendment  1, labeled  28-                                                               
LS0303\Y.1, Mischel, 3/28/13, which read:                                                                                       
                                                                                                                                
     Page 2, following line 21:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(e)  The department may apply a volume discount                                                                      
     to a fee established under (b) of this section                                                                             
               (1)  if a qualified pharmacy dispenses a                                                                         
         high volume, as defined by the department, of                                                                          
        prescriptions that require medication compliance                                                                        
     packaging for an individual patient; or                                                                                    
               (2)  based on the total number of                                                                                
    prescriptions    requiring     medication    compliance                                                                     
     packaging annually dispensed by the pharmacy."                                                                             
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
REPRESENTATIVE KELLER objected for discussion.                                                                                  
                                                                                                                                
REPRESENTATIVE  TARR  said  that,   as  cost  containment  was  a                                                               
priority for Medicaid programs, she  had concerns with the fiscal                                                               
note.   She  reflected that,  as the  current dispensing  fee was                                                               
billed  per  prescription,  if  a  fee cap  were  placed  on  the                                                               
dispensing fee, then the pharmacist  cost would still be covered,                                                               
and the  fiscal note could  be reduced.   As discussion  with the                                                               
sponsor and  the department had  indicated the difficulty  with a                                                               
volume limitation or  a fee cap, she  withdrew proposed Amendment                                                               
1.                                                                                                                              
                                                                                                                                
4:55:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  asked that  Department of Health  and Social                                                               
Services respond to the difficulty for a fee cap.                                                                               
                                                                                                                                
MR. SHERWOOD  agreed that there  had been discussion for  a limit                                                               
to  the  fees for  multiple  prescriptions  in the  same  mediset                                                               
package.  He said that it  was not practical as the prescriptions                                                               
were processed one  at a time at the point  of sale, pointing out                                                               
the  difficulty  for overseeing  this.    Commenting on  proposed                                                               
Amendment 1,  he opined that  it would  allow a discount  for the                                                               
mediset  fee for  a pharmacy  which  dispensed a  high volume  of                                                               
medisets.   He  reported that  DHSS  had assumed  there was  this                                                               
latitude should the cost survey  data support this fee structure.                                                               
He  stated  that  it  would  not be  problematic  to  state  this                                                               
authority, as well.                                                                                                             
                                                                                                                                
4:57:38 PM                                                                                                                    
                                                                                                                                
CHAIR  HIGGINS  asked  if Representative  Tarr  still  wanted  to                                                               
withdraw proposed Amendment 1.                                                                                                  
                                                                                                                                
REPRESENTATIVE TARR  replied that her decision  would reflect the                                                               
will  of the  committee.   She declared  her desire  for DHSS  to                                                               
pursue  every  opportunity  for  cost  containment,  while  still                                                               
providing medisets.   She offered her belief  that the pharmacies                                                               
would  have  covered  all  costs  at some  point  in  filling  an                                                               
individual mediset,  and that all prescriptions  for that mediset                                                               
beyond that were being paid at a much higher profit.                                                                            
                                                                                                                                
4:59:03 PM                                                                                                                    
                                                                                                                                
CHAIR  HIGGINS  asked to  clarify  whether  proposed Amendment  1                                                               
would decrease the fiscal note.                                                                                                 
                                                                                                                                
MR.  SHERWOOD offered  his belief  that it  would not  affect the                                                               
fiscal  note.    He  declared  that DHSS  had  assumed  that  the                                                               
latitude  to   lower  the  dispensing   fee  for   higher  volume                                                               
dispensing  had  already  existed;   therefore,  this  would  not                                                               
decrease the fiscal note.  He  stated that DHSS did not object to                                                               
any  language  that  clearly described  the  DHSS  permission  to                                                               
discount.                                                                                                                       
                                                                                                                                
5:00:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER asked  if it was the doctor  or the patient                                                               
who selected  the pharmacy.   He opined that a  group contracting                                                               
with a pharmacy would bring a lower cost than an individual.                                                                    
                                                                                                                                
MR. SHERWOOD,  in response,  stated that  this was  determined by                                                               
the Medicaid  services as  "any willing  provider."   He detailed                                                               
that  the qualifications  for  being a  provider  and a  pharmacy                                                               
could result in  enrollment as a pharmacy provider.   He declared                                                               
that the recipient made the  decision for pharmacy selection.  He                                                               
stated  that prices  were set  using national  data for  the drug                                                               
price, and  that the  department had  sent a  cost survey  to the                                                               
participating  Medicaid pharmacies  to determine  the best,  most                                                               
reasonable way to approximate the  dispensing fees.  He said that                                                               
this data allowed distinctions to be made for volume.                                                                           
                                                                                                                                
5:03:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KELLER   requested  that   Representative   Tarr                                                               
withdraw the proposed amendment.                                                                                                
                                                                                                                                
REPRESENTATIVE TARR  withdrew proposed Amendment 1,  stating that                                                               
she had primarily wanted to  have the conversation.  She declared                                                               
that,  as  it was  a  complex  issue,  she would  keep  reviewing                                                               
alternatives.                                                                                                                   
                                                                                                                                
5:04:12 PM                                                                                                                    
                                                                                                                                
MR. SHERWOOD  clarified that the  fiscal note  reflected $657,000                                                               
for an  anticipated expansion of mediset  service into Fairbanks,                                                               
as determined  by the bill  sponsor.  He declared  that, although                                                               
it  was unclear  whether that  expansion would  happen, it  would                                                               
serve as a proxy for that service.                                                                                              
                                                                                                                                
5:05:38 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS said that HB 134 would be held over.                                                                              

Document Name Date/Time Subjects
HJR14 Sponsor Statement.pdf HHSS 4/2/2013 3:00:00 PM
HJR 14
HJR 14 Proposed Amendment Ver U.1.pdf HHSS 4/2/2013 3:00:00 PM
HJR 14
HJR14.pdf HHSS 4/2/2013 3:00:00 PM
HJR 14
HJR14 Summary.pdf HHSS 4/2/2013 3:00:00 PM
HJR 14
HJR14 Resolution Sources.pdf HHSS 4/2/2013 3:00:00 PM
HJR 14
HJR14 Supporting Documents - ADN Article.pdf HHSS 4/2/2013 3:00:00 PM
HJR 14
HJR14 Supporting Documents - Alaska Dispatch Article.pdf HHSS 4/2/2013 3:00:00 PM
HJR 14
HJR Supporting Documents - NFIB.pdf HHSS 4/2/2013 3:00:00 PM
HJR 14
ACS Capsis.pdf HHSS 4/2/2013 3:00:00 PM
ACS Presentation
ACS distance based delivery system.pdf HHSS 4/2/2013 3:00:00 PM
ACS Presentation
Overview -20130402.pdf HHSS 4/2/2013 3:00:00 PM
ACS Presentation
ANTHC ACS Letter 1.pdf HHSS 4/2/2013 3:00:00 PM
ACS Presentation
HB054 Research - House HSS information from 4-2-13.pdf HHSS 4/2/2013 3:00:00 PM
HB 54