Legislature(2009 - 2010)CAPITOL 120

02/24/2010 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 314 WORKERS' COMPENSATION TELECONFERENCED
Heard & Held
+ HB 71 ADVANCE HEALTH CARE DIRECTIVES REGISTRY TELECONFERENCED
Heard & Held
*+ HB 331 YOUTH COURTS AND CRIMINAL FINES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 HB 314 - WORKERS' COMPENSATION                                                                             
                                                                                                                                
1:08:25 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  first order of business would be                                                               
HOUSE BILL  NO. 314,  "An Act  relating to  fees and  charges for                                                               
medical   treatment   or   services,   the   crime   of   unsworn                                                               
falsification, investigations,  and penalties  as they  relate to                                                               
workers' compensation; and providing for an effective date."                                                                    
                                                                                                                                
1:09:09 PM                                                                                                                    
                                                                                                                                
KONRAD JACKSON,  Staff, Representative  Kurt Olson,  Alaska State                                                               
Legislature  - on  behalf of  the  sponsor, the  House Labor  and                                                               
Commerce Standing  Committee, which is chaired  by Representative                                                               
Olson  - offered  his  understanding that  HB  314 addresses  the                                                               
issue  of  fraud  and  a small  portion  of  the  recommendations                                                               
outlined  in a  report produced  by the  Medical Services  Review                                                               
Committee  (MSRC) as  it  pertains to  the  medical services  fee                                                               
schedule;  and that  a forthcoming  amendment also  addresses the                                                               
issue of fraud.                                                                                                                 
                                                                                                                                
1:11:12 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS made  a motion  to adopt  Amendment 1,  labeled 26-                                                               
LS1354\A.3, Bailey, 2/17/10, which read:                                                                                        
                                                                                                                                
     Page 1, lines 1 - 2:                                                                                                       
          Delete "the crime of unsworn falsification"                                                                         
          Insert "civil damages"                                                                                              
                                                                                                                                
     Page 1, lines 5 - 9:                                                                                                       
          Delete all material.                                                                                                  
                                                                                                                                
     Page 1, line 10:                                                                                                           
          Delete "Sec. 2"                                                                                                     
          Insert "Section 1"                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, lines 15 - 16:                                                                                                     
          Delete "usual, customary, and reasonable"                                                                         
                                                                                                                                
     Page 2, lines 17 - 21:                                                                                                     
          Delete   "include   the    most   recent   Current                                                                
     Procedural Terminology  codes for  both category  I and                                                                
     category  II   medical  treatment  or   other  services                                                                
     published   by   the  American   Medical   Association;                                                                
     notwithstanding  AS 44.62.010  - 44.62.290,  the  board                                                                
     shall update the schedule annually by order"                                                                           
          Insert "be based on statistically credible data,                                                                  
     including charges  for the most recent  category I, II,                                                                
     and  III medical  services maintained  by the  American                                                                
     Medical  Association  and  the  Health  Care  Procedure                                                                
     Coding   System  for   medical  supplies,   injections,                                                                
     emergency transportation,  and other  medically related                                                                
     services,  and  must  result in  a  schedule  that  (i)                                                                
     reflects  the  cost  in  the  geographical  area  where                                                                
     services  are  provided;  and  (ii)   is  at  the  90th                                                                
     percentile"                                                                                                            
                                                                                                                                
     Page 2, line 26, through page 3, line 2:                                                                                   
          Delete all material and insert:                                                                                       
        "* Sec. 2. AS 23.30.250(a) is amended to read:                                                                      
          (a)  A person who (1) knowingly makes a false or                                                                      
     misleading  statement,  representation,  or  submission                                                                    
     related to a benefit  under this chapter; (2) knowingly                                                                    
     assists,  abets, solicits,  or  conspires  in making  a                                                                    
     false or  misleading submission affecting  the payment,                                                                    
     coverage,  or other  benefit  under  this chapter;  (3)                                                                    
     knowingly   misclassifies  employees   or  engages   in                                                                    
     deceptive leasing practices for  the purpose of evading                                                                    
     full   payment  of   workers'  compensation   insurance                                                                    
     premiums; or (4) employs or  contracts with a person or                                                                    
     firm to  coerce or  encourage an  individual to  file a                                                                    
     fraudulent  compensation claim  is  guilty of  workers'                                                                
     compensation  fraud,   which  may  be   punished  under                                                                
     AS 11.46.120  - 11.46.150,  and may  also be  guilty of                                                                
     perjury  and  related  offenses  under  AS 11.56.200  -                                                                
     11.56.230  [CIVILLY   LIABLE  TO  A   PERSON  ADVERSELY                                                                
     AFFECTED  BY  THE  CONDUCT,  IS   GUILTY  OF  THEFT  BY                                                                    
     DECEPTION  AS  DEFINED  IN  AS 11.46.180,  AND  MAY  BE                                                                    
     PUNISHED AS PROVIDED BY AS 11.46.120 - 11.46.150].                                                                         
        * Sec. 3. AS 23.30.250(c)  is repealed and reenacted                                                                  
     to read:                                                                                                                   
          (c)  In addition to criminal penalties under this                                                                     
     section, a  person who violates this  chapter is liable                                                                    
     in a civil  action brought by or on behalf  of a person                                                                    
     who  suffers  economic  damages  as  a  result  of  the                                                                    
     violation for  an award  of three  times the  amount of                                                                    
     compensatory  damages  resulting  from  the  violation,                                                                    
     subject to  adjustment under AS 09.17, and  an award of                                                                    
     reasonable attorney fees."                                                                                                 
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, line 19:                                                                                                           
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
REPRESENTATIVE HOLMES objected for the purpose of discussion.                                                                   
                                                                                                                                
1:13:19 PM                                                                                                                    
                                                                                                                                
LINDA  HALL,  Director,  Division  of  Insurance,  Department  of                                                               
Commerce,  Community, &  Economic Development  (DCCED), indicated                                                               
that HB  314 would address  some concerns that have  arisen [with                                                               
regard  to current  statute].   She recounted  that in  2005, the                                                               
legislature amended the Alaska Workers'  Compensation Act, but in                                                               
so  doing  inadvertently  deleted  the  basis  for  the  Workers'                                                               
Compensation Board to  adopt a fee schedule, though  there was an                                                               
expectation  at  the time  that  the  stakeholders would  propose                                                               
legislation before August  1, 2007, to address that  issue.  When                                                               
that  didn't occur,  medical  fees were  frozen  until August  1,                                                               
2007,  and the  division subsequently  provided for  two Consumer                                                               
Price Index (CPI) increases - one in  2006 and one in 2009 - with                                                               
the  existing  extension due  to  expire  on December  31,  2010,                                                               
though   the   medical   fee  schedule   is   currently   missing                                                               
approximately 2,000  procedure codes.   Once that  last extension                                                               
expires,  there will  be  no  cap of  any  kind  on medical  fees                                                               
[related to workers' compensation].                                                                                             
                                                                                                                                
MS. HALL noted that a  chart in members' packets illustrates that                                                               
in  2008, medical  expenses made  up 58  percent of  the workers'                                                               
compensation  benefit system  in  all states  for which  National                                                               
Council   on  Compensation   Insurance,  Inc.   (NCCI),  provides                                                               
ratemaking services.   Another chart illustrates  that in Alaska,                                                               
in  2008, medical  expenses made  up 72  percent of  the workers'                                                               
compensation benefit system, though in  1988 and 1998, it made up                                                               
only  52 percent  and 63  percent respectively.   In  response to                                                               
questions,  she  surmised  that   the  entire  cost  of  Alaska's                                                               
workers' compensation  benefit system  has probably grown  due to                                                               
Alaska having a larger premium  base - though the actual incident                                                               
rate has decreased  substantially - and it  is the aforementioned                                                               
growth in  medical expenses which  illustrates the  importance of                                                               
implementing a new  medical fee schedule, as HB  314 is proposing                                                               
to do.                                                                                                                          
                                                                                                                                
MS. HALL  noted that  yet another  chart illustrates  the average                                                               
yearly medical cost  per case in Alaska - from  2004 through 2008                                                               
- versus the average yearly medical  cost per case in the rest of                                                               
the  country;  for example,  in  the  rest  of the  country,  the                                                               
average  yearly medical  cost  per case  is  $26,000, whereas  in                                                               
Alaska, it's  $40,000 - substantially  higher.   Members' packets                                                               
also  include   a  handout  illustrating   workers'  compensation                                                               
premium  rate rankings  for all  50 states  plus the  District of                                                               
Columbia;  Alaska, for  example,  is ranked  number  one with  an                                                               
index rate  of 3.97.  Costs  drive premiums, and the  major costs                                                               
of  Alaska's  workers'  compensation  benefit  system  are  those                                                               
pertaining to  medical care.   For  these reasons,  she remarked,                                                               
"We need this fee schedule to be in place."                                                                                     
                                                                                                                                
1:19:48 PM                                                                                                                    
                                                                                                                                
MS. HALL  acknowledged, however,  that HB  314 is  not a  fix for                                                               
Alaska's workers' compensation system,  and won't lower premiums.                                                               
Instead,  HB 314  would provide  for a  sustainable fee  schedule                                                               
that  could  be  renewed  each year  using  data  collected  from                                                               
individual  vendors  that  collect  "bill/charge" data.    A  fee                                                               
schedule based on the CPI  is simply not sustainable, whereas the                                                               
methodology that was in place in  2004 - which HB 314 proposes to                                                               
revert back  to -  is.  She  then noted that  in addition  to the                                                               
provisions  that  address   Alaska's  workers'  compensation  fee                                                               
schedule, other  provisions of HB  314 would update  the statutes                                                               
pertaining  to the  prosecution of  workers' compensation  fraud,                                                               
which,   obviously,  adds   costs  to   the  system.     In   the                                                               
aforementioned  2005 legislation,  authority  to investigate  and                                                               
prosecute  workers' compensation  fraud was  granted, but  recent                                                               
experience  has shown  that clarification  of  those statutes  is                                                               
warranted in order  for the State to  successfully prosecute such                                                               
fraud.                                                                                                                          
                                                                                                                                
MS. HALL  explained that by  changing the title and  deleting the                                                               
bill's proposed change to AS  11.56.205(a) - existing Section 1 -                                                               
Amendment 1  would remove  from the  bill language  regarding the                                                               
crime of unsworn  falsification.  Amendment 1  would also provide                                                               
more specificity to proposed AS  23.30.097(a)(1)(D) such that the                                                               
fee schedule  must be  based on  statistically credible  data and                                                               
must  result  in  a  schedule  that  reflects  the  cost  in  the                                                               
geographical area where the services  are provided, and is at the                                                               
90th  percentile.   She  predicted  that  Amendment 1's  proposed                                                               
change  to  AS  23.30.097(a)(1)(D)  would   provide  for  a  more                                                               
accurate fee schedule.  In response  to a question, she said that                                                               
passage of Amendment  1 wouldn't lower medical  costs or workers'                                                               
compensation insurance  premiums; passage  of Amendment  1 would,                                                               
instead,  merely provide  a methodology  for  establishing a  fee                                                               
schedule,  a  methodology  that  could stay  in  place  until  an                                                               
alternative is developed.                                                                                                       
                                                                                                                                
MS.   HALL,  in   response  to   another  question,   noted  that                                                               
establishing a more permanent fee  schedule is dependent upon the                                                               
will of the legislature, and is clearly a policy call.                                                                          
                                                                                                                                
1:27:11 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS questioned  what would occur with  regard to injured                                                               
workers, workers' compensation  insurance premiums, and employers                                                               
if Amendment  1 is adopted but  a permanent solution is  not then                                                               
forthcoming.                                                                                                                    
                                                                                                                                
MS. HALL  opined that  with regard to  injured workers,  having a                                                               
fee  schedule  that  is  reflective  of the  average  fees  in  a                                                               
particular  geographical area  -  and currently  there are  three                                                               
such areas  [in Alaska] -  would allow injured workers  access to                                                               
medical  care,  thus addressing  one  of  the division's  primary                                                               
concerns,   particularly  given   that  adopting   "multiples  of                                                               
Medicare, for example," is not likely  to occur in Alaska and, in                                                               
any case,  would not be in  the best interest of  injured workers                                                               
attempting to access medical care.   She surmised that employers,                                                               
too, want their injured employees  to have access to medical care                                                               
so  that they  can come  back to  work.   Again, the  methodology                                                               
proposed  by Amendment  1  is sustainable  and  has already  been                                                               
proven to work, though it won't control costs or premiums.                                                                      
                                                                                                                                
CHAIR RAMRAS asked whether the  cost of medical care is different                                                               
for injuries that  occur on the job than it  is for injuries that                                                               
don't occur on the job.                                                                                                         
                                                                                                                                
MS.  HALL said  that the  cost of  the medical  care wouldn't  be                                                               
different, though what the medical  care provider ultimately gets                                                               
paid by the  person, or his/her health insurance  company, or the                                                               
workers' compensation benefit system  could vary depending on the                                                               
situation.                                                                                                                      
                                                                                                                                
CHAIR RAMRAS questioned what would  result if Amendment 1 were to                                                               
be   amended   such  that   in   its   change  to   proposed   AS                                                               
23.30.097(a)(1)(D),  the words,  "90th percentile"  were replaced                                                               
with the words, "70th percentile".                                                                                              
                                                                                                                                
MS.  HALL,   acknowledging  that  a  90th   percentile  is  high,                                                               
cautioned  that  in  deciding   what  constitutes  an  acceptable                                                               
reimbursement  rate,  the  committee  should keep  in  mind  that                                                               
ensuring  injured workers  have  access to  medical  care is  the                                                               
primary goal.                                                                                                                   
                                                                                                                                
1:34:35 PM                                                                                                                    
                                                                                                                                
MR.   JACKSON,   in  response   to   a   question,  offered   his                                                               
understanding  that  the  words,   "90th  percentile"  came  from                                                               
regulation.                                                                                                                     
                                                                                                                                
MS. HALL concurred,  adding that the medical fee  schedule in the                                                               
workers'  compensation   regulations  has   been  at   the  90the                                                               
percentile for a significant number  of years, and that's why the                                                               
division is seeking to include that percentile in statute.                                                                      
                                                                                                                                
CHAIR RAMRAS  expressed dissatisfaction with that  rationale, and                                                               
questioned whether reducing the  percentile to an 80th percentile                                                               
would  both  reduce  workers' compensation  insurance  rates  and                                                               
ensure that injured workers have access to medical care.                                                                        
                                                                                                                                
MS. HALL  said she  is unable  to predict  whether such  a change                                                               
would still  ensure that injured  workers have access  to medical                                                               
care, surmised  that medical  care providers  would be  harmed by                                                               
establishing  the fee  at an  80th  percentile, but  acknowledged                                                               
that such a change might  eventually translate into a benefit for                                                               
employers  because  the  division   bases  its  premiums  on  the                                                               
historical cost of claims.   Various studies, she noted, conflict                                                               
with regard to whether changing a  fee schedule has resulted in a                                                               
significant impact on the states that did so.                                                                                   
                                                                                                                                
CHAIR  RAMRAS offered  his belief  that  reducing the  percentile                                                               
would be  of benefit to employers,  and said he would  be seeking                                                               
to amend Amendment 1 to that effect.                                                                                            
                                                                                                                                
MR. JACKSON, in response to  questions, said that there have been                                                               
two  CPI increases  to the  existing fee  schedule, and  that the                                                               
bill doesn't contain a sunset provision.                                                                                        
                                                                                                                                
REPRESENTATIVE GRUENBERG  indicated that  he would prefer  to see                                                               
the  percentile  increased  to   a  95th  percentile,  and  would                                                               
therefore be opposing a reduction to an 80th percentile.                                                                        
                                                                                                                                
[Chair Ramras turned the gavel over to Representative Herron.]                                                                  
                                                                                                                                
MS. HALL, in response to a  question, explained that prior to the                                                               
statutory  change that  occurred in  2005, the  fee schedule  was                                                               
updated annually, and that such updates have not occurred since.                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG asked for  further information about the                                                               
criminal provisions of the bill,  of Amendment 1, and of existing                                                               
statute.                                                                                                                        
                                                                                                                                
MS.  HALL   indicated  that  the   DOL  found  that   the  "fraud                                                               
prosecution   language"   of   existing   AS   23.30.250(a)   was                                                               
insufficiently  clear for  prosecuting cases  of fraud;  that the                                                               
language  contained in  the bill  appears to  address fraud  only                                                               
from  a civil  standpoint and  then  only as  perpetrated by  the                                                               
employee; and that  Amendment 1 would allow all  those who commit                                                               
fraud to be subject to both criminal and civil prosecution.                                                                     
                                                                                                                                
[Representative Herron returned the gavel to Chair Ramras.]                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG offered his  understanding that in cases                                                               
involving fraud, changing  current statute [as both  the bill and                                                               
Amendment 1  propose] would  result in  less civil  damages being                                                               
awarded.                                                                                                                        
                                                                                                                                
MS. HALL concurred with that summation.                                                                                         
                                                                                                                                
1:48:45 PM                                                                                                                    
                                                                                                                                
ERIN  POHLAND,  Assistant  Attorney   General,  Labor  and  State                                                               
Affairs Section,  Civil Division  (Anchorage), Department  of Law                                                               
(DOL), also concurred.                                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG  questioned who would benefit  by such a                                                               
change.                                                                                                                         
                                                                                                                                
MS. POHLAND indicated that such  a change wouldn't benefit anyone                                                               
in particular.                                                                                                                  
                                                                                                                                
1:51:32 PM                                                                                                                    
                                                                                                                                
DON ETHERIDGE,  Lobbyist, Alaska American Federation  of Laborers                                                               
- Congress of Industrial  Organizations (Alaska AFL-CIO), relayed                                                               
that although  the Alaska AFL-CIO  has a concern about  the fraud                                                               
provisions of HB  314, Amendment 1 would address  that concern by                                                               
making those provisions  applicable to all who commit  fraud.  In                                                               
response to a question, he  indicated that at this time, changing                                                               
the percentile listed in Amendment  1 won't alter the Alaska AFL-                                                               
CIO's position  on either the  bill or  Amendment 1, and  that in                                                               
addition  to having  its concern  regarding fraud  addressed, the                                                               
Alaska AFL-CIO simply wants to  ensure that injured workers would                                                               
still be covered and still have access to medical care.                                                                         
                                                                                                                                
1:53:31 PM                                                                                                                    
                                                                                                                                
KENTON   BRINE,  Assistant   Vice  President,   State  Government                                                               
Relations,  Property  Casualty  Insurers Association  of  America                                                               
(PCIAA), indicated  that the  PCIAA supports  HB 314,  though has                                                               
not  yet had  a chance  to  review Amendment  1.   He noted  that                                                               
medical expenses are  higher in Alaska than in  other states, and                                                               
constitute  a  larger  percentage   of  "lost  cost"  related  to                                                               
workers' compensation  than in  other parts of  the country.   He                                                               
said he believes that the fraud  provisions of the bill will help                                                               
insurers control costs while  still providing adequate protection                                                               
for injured workers.                                                                                                            
                                                                                                                                
1:55:29 PM                                                                                                                    
                                                                                                                                
STACY  ALLAN,   Officer,  Laborers'   Local  341,   relayed  that                                                               
Laborers'  Local 341  appreciates  Amendment  1, which  addresses                                                               
concerns  regarding  the  fraud  provisions of  the  bill.    She                                                               
offered her hope  that the legislature would  continue to address                                                               
the  issues pertaining  to workers'  compensation and  the effect                                                               
that system has  on injured workers.  In response  to a question,                                                               
she indicated that the percentile  provided for in Amendment 1 is                                                               
not of concern to Laborers' Local 341.                                                                                          
                                                                                                                                
1:57:53 PM                                                                                                                    
                                                                                                                                
BARBARA  HUFF TUCKNESS,  Director,  Governmental and  Legislative                                                               
Affairs,  Teamsters  Local 959,  said  that  Teamsters Local  959                                                               
supports  HB  314.    She  indicated,  though,  that  arbitrarily                                                               
lowering  the percentile  currently provided  for in  Amendment 1                                                               
would  give Teamsters  Local 959  great concern,  because such  a                                                               
change  could result  in physicians  refusing to  provide medical                                                               
care  to injured  workers,  and  could create  some  of the  same                                                               
problems that have arisen with regard to Medicare/Medicaid.                                                                     
                                                                                                                                
2:03:47 PM                                                                                                                    
                                                                                                                                
KEVIN B.  DOUGHERTY, General Counsel, Alaska  District Council of                                                               
Laborers, noted that  8 A.A.C. 45.082(i)(3) uses  the words "90th                                                               
percentile"; that that percentile has  been in place for at least                                                               
20  years;  that his  organization  would  have to  conduct  more                                                               
research  before  it could  speak  to  whether it  would  support                                                               
lowering  that number;  and that  it would  be hard  to say  what                                                               
percentile  would start  to  impact service,  which  would be  of                                                               
concern.   In conclusion, he  asked the committee to  be cautious                                                               
when considering changing the percentile,  and suggested that the                                                               
issue warrants further study.                                                                                                   
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify, closed public testimony on HB 314.                                                                                     
                                                                                                                                
2:05:23 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS made a motion to  amend Amendment 1 such that in its                                                               
proposed  change  to  AS  23.30.097(a)(1)(D),  the  words,  "90th                                                               
percentile" would be replaced with the words, "85th percentile".                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG objected.                                                                                              
                                                                                                                                
CHAIR  RAMRAS explained  that he  is interested  in striking  the                                                               
right balance  between medical  care for  the injured  worker and                                                               
compensation for the medical community, and employer costs.                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said  he   opposes  the  amendment  to                                                               
Amendment  1, and  pointed out  that it  has not  yet been  fully                                                               
vetted with regard to how it would affect injured workers.                                                                      
                                                                                                                                
REPRESENTATIVE HOLMES  agreed that  the amendment to  Amendment 1                                                               
merits  further   discussion,  and   relayed  that   absent  that                                                               
discussion,  she  is  reluctant  to vote  for  the  amendment  to                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HERRON  questioned   whether  anyone   has  ever                                                               
considered providing for a different percentile.                                                                                
                                                                                                                                
MS. HALL indicated that the  division's focus has instead been to                                                               
get a  fee schedule  in place  to replace the  one that's  due to                                                               
expire  at the  end  of  the year,  and  thereby prevent  further                                                               
increases   in  "the   system   costs   (indisc.)  premiums   for                                                               
employers."                                                                                                                     
                                                                                                                                
CHAIR  RAMRAS characterized  the amendment  to Amendment  1 as  a                                                               
provocative change,  and questioned  why the  committee shouldn't                                                               
adopt it if doing so might lower employer costs.                                                                                
                                                                                                                                
REPRESENTATIVE LYNN,  commenting that  the committee has  not yet                                                               
heard why the  percentile is currently set at  a 90th percentile,                                                               
characterized  an 85th  percentile  as just  an arbitrary  number                                                               
that was picked simply because it sounded good.                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG again  expressed a  preference for  not                                                               
adopting the amendment to Amendment 1.                                                                                          
                                                                                                                                
CHAIR RAMRAS withdrew the amendment to Amendment 1.                                                                             
                                                                                                                                
2:13:46 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS then  made a motion to adopt  a conceptual amendment                                                               
to  Amendment  1   such  that  in  its  proposed   change  to  AS                                                               
23.30.097(a)(1)(D), the words, "is at  the 90th percentile" would                                                               
be replaced  with the  words, "the amount  paid by  the preferred                                                               
provider  network  of   insurers  is  not  to   exceed  the  90th                                                               
percentile".                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
MS.  HALL cautioned  against using  that language,  because there                                                               
are a  lot of  preferred provider  networks as  well as  what she                                                               
called "rented networks."                                                                                                       
                                                                                                                                
CHAIR RAMRAS questioned  whether that issue could  be resolved by                                                               
specifying that  it would be the  average amount paid by  the top                                                               
five  preferred provider  network of  insurers.   He expressed  a                                                               
preference for  changing the language  of Amendment 1  to address                                                               
what  he called  ever-increasing workers'  compensation insurance                                                               
premiums.                                                                                                                       
                                                                                                                                
MS. HALL  explained that the  division only  collects information                                                               
about billed charges, not paid  charges, and surmised, therefore,                                                               
that using  such information in  the calculation would  present a                                                               
big task.                                                                                                                       
                                                                                                                                
CHAIR RAMRAS  relayed that  HB 314  would be  set aside  with the                                                               
motion  of   whether  to  adopt   the  conceptual   amendment  to                                                               
Amendment 1,  and the  motion of  whether to  adopt Amendment  1,                                                               
left pending.                                                                                                                   

Document Name Date/Time Subjects
01 HB314 Sponsor Statement ver A.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
02 HB314 Bill v. A.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
03 HB314 Sectional Analysis ver A.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
04 HB314 Amendment A 3.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
05 HB314-Law-Crim-02-11-10.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
06 HB314 - DOLWD-WC-01-28-10.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
07 HB314 Letter AK Spine Institute 2-2-10.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
08 HB314 Letter NFIB 1-31-10.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
09 HB314 NCCI AK Medical Cost Comparison.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
10 HB314 NCCI AK vs Countrywide Medical Cost per Case.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
11 HB314 NCCI All States Medical Cost Comparison.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
12 HB314 Letter ASMA 1-1-10.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
13 HB314 Suggested changes ASMA 1-1-10.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
14 HB314 Workers' Compensation Premium Rate Ranking cy 2008.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 314
15 HB314 8 AAC 45 082 Medical Treatment.pdf HJUD 2/24/2010 1:00:00 PM
HB 314
01 HB71 propsed Bill CS v.T .pdf HJUD 2/24/2010 1:00:00 PM
HB 71
02 HB71 Sponsor Statement.pdf HJUD 2/24/2010 1:00:00 PM
HB 71
03 HB71 Sectional.pdf HJUD 2/24/2010 1:00:00 PM
HB 71
04 HB71 Changes to v. C.pdf HJUD 2/24/2010 1:00:00 PM
HB 71
05 HB71(HSS) Bill v. C.pdf HJUD 2/24/2010 1:00:00 PM
HB 71
06 HB71 Bill v. E.pdf HJUD 2/24/2010 1:00:00 PM
HB 71
07 HB071CS(JUD)-DHSS-IPEMS-2-15-10.pdf HJUD 2/24/2010 1:00:00 PM
HB 71
08 HB71CS(HSS) - DHSS FN 4-15-09.pdf HJUD 2/24/2010 1:00:00 PM
HB 71
09 HB71 AARP Support Ltr.pdf HJUD 2/24/2010 1:00:00 PM
HB 71
10 HB71 Relevant Statutes.pdf HJUD 2/24/2010 1:00:00 PM
HB 71
01 HB331 Sponsor Statement.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
hb 331
02 HB331 Bill v. R.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
03 HB331-DHSS-YC-2-22-10.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
hb 331
04 HB331 AK Court Fines & Forfeitures Annual.htm HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 331
06 HB331 FAQs.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
hb 331
05 HB331-UYCA FactBrief.docx HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
HB 331
07 HB331 Fines in Statute.pdf HJUD 2/24/2010 1:00:00 PM
HJUD 2/25/2010 1:00:00 PM
hb 331
08 HB331 Support Letters.pdf HJUD 2/24/2010 1:00:00 PM
HB 331