Legislature(2011 - 2012)BARNES 124

04/04/2012 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 326 CHILD-ONLY HEALTH CARE COVERAGE TELECONFERENCED
Heard & Held
+ SB 122 REAL ESTATE TRANSFER FEES/TITLE INSURANCE TELECONFERENCED
Heard & Held
+ SB 104 MANUFACTURED HOMES AS REAL PROPERTY TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
             HB 326-CHILD-ONLY HEALTH CARE COVERAGE                                                                         
                                                                                                                                
4:00:13 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  final order of business  would be                                                              
HOUSE  BILL NO. 326,  "An Act  requiring health  care insurers  to                                                              
offer a child-only policy; and providing for an effective date."                                                                
                                                                                                                                
4:00:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DAVID  GUTTENBERG,   Alaska  State   Legislature,                                                              
stated  that a  constituent  contacted his  office  to inform  him                                                              
there  is not any  child-only health  care offered  in the  state.                                                              
He explained  that  if a person  has a  healthy child  who is  not                                                              
eligible for Denali  Kid Care, and does not have  a condition that                                                              
would  put  the child  into  a  high-risk  pool, that  no  insurer                                                              
offers health  care for  the child.   He related grandparents  who                                                              
become the  custodial parents  have no place  to go  for coverage.                                                              
This  bill, HB  326, would  ask  the insurance  industry to  offer                                                              
plans  to cover  at-risk  children  due  to an  insurability  gap.                                                              
This  would  ensure   that  every  competent  is   eligible.    He                                                              
expressed dismay that  there is not any child-only  health care in                                                              
the state.   He pointed out that  the bill has a  termination date                                                              
that  repeals AS  21.42.420 on  January  1, 2014  since if  health                                                              
care  continues forward  that the  health care  would be  offered,                                                              
regardless;  however,  right now  there  is  not any  health  care                                                              
available.                                                                                                                      
                                                                                                                                
4:02:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  said he thought it was a  good concept and                                                              
he  likes it.   He  asked in  light  of the  pending U.S.  Supreme                                                              
Court case  if he wanted  to repeal this  provision on  January 1,                                                              
2014.                                                                                                                           
                                                                                                                                
REPRESENTATIVE GUTTENBERG left it up to the committee to decide.                                                                
                                                                                                                                
4:03:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  suggested that if  it is a good  idea that                                                              
there wasn't any reason not to extend it.                                                                                       
                                                                                                                                
4:03:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  how  big the  universe of  children                                                              
whose families  too rich to  qualify for  Denali Kid Care,  but do                                                              
not have enough means to afford private insurance.                                                                              
                                                                                                                                
REPRESENTATIVE  GUTTENBERG answered that  the AARP indicates  that                                                              
11,000 grandparents have custody of their grandchildren.                                                                        
                                                                                                                                
4:04:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  inquired   as  to  whether  children  are                                                              
defined as being under 18 years of age.                                                                                         
                                                                                                                                
REPRESENTATIVE GUTTENBERG answered yes; under 18 years of age.                                                                  
                                                                                                                                
4:04:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  referred to  some good analysis  of costs.                                                              
He inquired  as to whether  an estimate  of cost for  the policies                                                              
for children-only is available.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GUTTENBERG answered  no, that  the actuarial  will                                                              
come up with those  figures.  He clarified that the  bill does not                                                              
ask  for discounts  or  waivers.   The insurance  companies  would                                                              
market it as a normal product.                                                                                                  
                                                                                                                                
REPRESENTATIVE  SADDLER  asked   whether  the  policies  would  be                                                              
purchased by an adult for a child.                                                                                              
                                                                                                                                
REPRESENTATIVE GUTTENBERG agreed.                                                                                               
                                                                                                                                
4:05:22 PM                                                                                                                    
                                                                                                                                
LINDA  HALL, Director,  Division of  Insurance, Anchorage  Office,                                                              
Department   of  Commerce,   Community   &  Economic   Development                                                              
(DCCED), stated that she is available for questions.                                                                            
                                                                                                                                
4:06:01 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  asked if the children  in question would  have access                                                              
to the Alaska  Comprehensive Health Association  (ACHIA) high-risk                                                              
insurance.                                                                                                                      
                                                                                                                                
MS.  HALL answered  that healthy  children would  not be  eligible                                                              
since ACHIA  is established for  people with conditions  that make                                                              
them uninsurable.                                                                                                               
                                                                                                                                
4:06:32 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON inquired  as  to whether  this  could be  done on  an                                                              
administrative basis.                                                                                                           
                                                                                                                                
MS.  HALL answered  no;  the division  has  explored that  option.                                                              
The division  does not have any  statutory authority to  allow the                                                              
division  to promulgate regulations  although  some states  can do                                                              
so.                                                                                                                             
                                                                                                                                
CHAIR OLSON  related his  understanding that  the division  cannot                                                              
roll out new products.                                                                                                          
                                                                                                                                
MS. HALL answered no.                                                                                                           
                                                                                                                                
4:06:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked whether this is a  unique problem to                                                              
Alaska or if other states have addressed this issue.                                                                            
                                                                                                                                
MS.  HALL  recalled that  17  states  had  the same  condition  as                                                              
Alaska.      She   noted   that   some   states   were   able   to                                                              
administratively  require an  open enrollment  period.  The  terms                                                              
vary, some  range for 30 days.   She recalled two states  have two                                                              
separate 30-day periods  and other states offer  longer periods of                                                              
time.                                                                                                                           
                                                                                                                                
4:07:47 PM                                                                                                                    
                                                                                                                                
MS.  HALL stated  that the  open  enrollment period  is longer  in                                                              
this bill  than most  she has seen.   She  related that  under the                                                              
federal health  care reform  some provisions  went into  effect in                                                              
September 2010.   One provision  pertained to the  underwriting of                                                              
children under ages of 19, she said.                                                                                            
                                                                                                                                
4:08:39 PM                                                                                                                    
                                                                                                                                
MS. HALL  related that  the prohibition  of any underwriting  that                                                              
would  have amounted  to a  guarantee  issue of  January 1,  2014.                                                              
Many insurers  did not  want to  take the  risk of having  adverse                                                              
selection, such  that an individual  only purchase  insurance when                                                              
the person  really needs  it.  She  explained that most  insurance                                                              
is based  on the  theory of  large numbers  plus large  numbers of                                                              
people  contributing,  but not  all  of  them actually  using  the                                                              
funds.  She pointed  out that is one of the  problems the division                                                              
has encountered with  the high-risk pool - which  is subsidized at                                                              
$5 million  per year.   Thus  taking risks  without being  able to                                                              
underwrite  creates a  bigger  risk of  using  the resources  than                                                              
some insurers  were willing  to take so  two insurers  have pulled                                                              
out of Alaska.   She said that throughout the country  this is not                                                              
unusual.                                                                                                                        
                                                                                                                                
4:10:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked if  Alaska mandates this  by passing                                                              
the  bill, whether  the state  is  likely to  see other  insurance                                                              
companies pull out.                                                                                                             
                                                                                                                                
MS. HALL said she  can't answer that question.  She  has not heard                                                              
anyone threaten to  do so, but she is unsure she  would hear.  She                                                              
explained that  she has  had some indication  that if  the playing                                                              
field was  a level playing field  and everyone has to  provide the                                                              
insurance it  may not be  so onerous.   She explained that  if one                                                              
company offers  coverage and  they get all  the unhealthy  kids to                                                              
cover is  more onerous than  if all the  companies have  to insure                                                              
the children and the unhealthy children are spread among them.                                                                  
                                                                                                                                
4:11:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  whether the  shadow of health  care                                                              
mandates   darken  the  prospects   for   any  change  in   health                                                              
insurance.   He  inquired  as to  whether  there  is any  chilling                                                              
effect during  the wait for  the U.S. Supreme  Court to  issue the                                                              
ACAPPA decision.                                                                                                                
                                                                                                                                
MS. HALL  said she  did not  know.   She related  that the  health                                                              
insurance  industry is  under some  stress  of the  unknown.   She                                                              
related that the  division receives new regulations  almost weekly                                                              
and or receives  interpretations of certain pieces  of the federal                                                              
health care law.                                                                                                                
                                                                                                                                
4:12:39 PM                                                                                                                    
                                                                                                                                
MS. HALL  stated the  division may be  impacted three  months from                                                              
now  with  more  changes  and  unknown  obligations  that  are  as                                                              
chilling  as anything.   She  pointed  out that  the enactment  of                                                              
pieces of the federal health care law continues.                                                                                
                                                                                                                                
4:13:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked if the division has  sufficient data                                                              
to estimate costs of child-only insurance.                                                                                      
                                                                                                                                
MS. HALL answered  no; the division has a rate  approval effective                                                              
date of January  1, but the rates  will need to be filed  with the                                                              
Division of  Insurance and  justified actuarially.   So  while she                                                              
cannot predict  the costs she can  say that health care  in Alaska                                                              
is  extremely expensive.    She said  health  insurance rates  are                                                              
considerably  higher in the  state than most  places so  she would                                                              
not expect child-only health care coverage to be inexpensive.                                                                   
                                                                                                                                
4:14:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  stated he  reviewed some of  the provisions                                                              
of  the  bill.    He  referred  to  page  2,  lines  8-17  to  the                                                              
definition  of late  enrollee.   He  pointed  out if  a child  had                                                              
never  been  covered  by  insurance that  the  language  seems  to                                                              
exclude them from the bill.                                                                                                     
                                                                                                                                
MS. HALL  agreed.   She suggested  that the  late enrollee  allows                                                              
people  to enroll  outside  the open  enrollment  period which  is                                                              
defined in  paragraph 2.   She agreed  the provisions  he mentions                                                              
does  not appear  to allow  a child  who has  never been  covered.                                                              
She related that  if the circumstance arises in which  a child who                                                              
has never been  covered needs insurance the adult  custodian might                                                              
risk  some adverse  selection.   She recalled  the invincible  "20                                                              
somethings"  who  are  sure  they  don't  need  insurance  because                                                              
nothing will happen.   She said when a parent has  a healthy child                                                              
who doesn't need  insurance who is later diagnosed  with something                                                              
and  the parent  then  buys  insurance represents  the  worst-case                                                              
scenario  in   the  insurance  world.     She  pointed   out  that                                                              
illustrates the purpose  of the open enrollment  period since that                                                              
is the point  at which insurance is offered for  healthy children.                                                              
She explained that  adding the option to one of  exceptions in the                                                              
provisions  on page 2,  lines 8-17   would  make it an  open-ended                                                              
ability to enroll.                                                                                                              
                                                                                                                                
4:17:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  related his  understanding that if  a child                                                              
has never  been covered  the child  would not  be covered  in this                                                              
bill.                                                                                                                           
                                                                                                                                
MS. HALL  pointed out  the child  would be  during eligible  under                                                              
paragraph  (2)  during the  enrollment  period  from January  1  -                                                              
March  31  of each  year.    She  explained  that helps  put  some                                                              
parameters on when people can go out and buy insurance.                                                                         
                                                                                                                                
4:18:56 PM                                                                                                                    
                                                                                                                                
MS.  HALL explained  that  ACHIA  is  insurance that  people  with                                                              
serious  health  conditions  can  purchase and  the  premiums  are                                                              
fairly  high.  The  ACHIA has  a public  meeting  each year.   She                                                              
heard  public testimony  in  which a  person  testified that  they                                                              
purchased  ACHIA in December  of the  prior year,  had a  full hip                                                              
replacement  for   about  $100,000,   then  dropped   coverage  in                                                              
February.   She offered this as  an example of  adverse selection.                                                              
The person  paid for  two months  of premiums  for a few  thousand                                                              
dollars, but incurred  surgery costs of $100,000  and then dropped                                                              
the  insurance.   She indicated  that the  open enrollment  period                                                              
tries to  balance this out.   She reiterated that people  have the                                                              
option to obtain  coverage while they are healthy  during the open                                                              
enrollment period.                                                                                                              
                                                                                                                                
4:20:55 PM                                                                                                                    
                                                                                                                                
MARIE DARLIN,  Coordinator, AARP  Capital City Task  Force, stated                                                              
that there is no  sense repeating the testimony.   She stated that                                                              
this bill  is needed and  important.  She  referred to  the AARP's                                                              
letter  of  support,   and  noted  that  currently   no  insurance                                                              
companies in  Alaska offer children-only  insurance.   She pointed                                                              
out that many  grandparents are raising their grandchildren.   She                                                              
related  statistics  that  at  estimated  5,000  grandparents  are                                                              
raising  8,000 grandchildren  in  Alaska.   She  pointed out  that                                                              
Medicare covers the  grandparent, but coverage does  not extend to                                                              
family  members.    She  stated that  grandparents  take  on  this                                                              
responsibility but health  care is an issue.  The  coverage is not                                                              
inexpensive.   She  stated that  the  2010 Census  and the  Alaska                                                              
Department  of Labor  and Workforce  Development estimates  11,778                                                              
grandchildren  under the age  of 18  are in a  household led  by a                                                              
grandparent.   She  indicated that  these  grandparents desire  to                                                              
furnish  health care  if they  can afford  to do  so.  She  stated                                                              
that the AARP speaks  in support of the bill since  it is one more                                                              
way for grandparents to take care of their grandchildren.                                                                       
                                                                                                                                
4:24:23 PM                                                                                                                    
                                                                                                                                
ADAM WOOL  stated he  is a  parent of  two children.   He  and his                                                              
wife buy  their insurance through  ACHIA.  He explained  that they                                                              
each have  pre-existing conditions  although neither  is seriously                                                              
ill, but cannot  be covered by other insurance.   He reported that                                                              
their first  child was born about  five years ago and  has her own                                                              
policy through  Blue Cross/Blue  Shield.   Their second  child was                                                              
born  two years  ago and  the law  or insurance  policy has  since                                                              
changed  and they  cannot  buy insurance.    He  pointed out  that                                                              
their second  child is basically  in a  "black hole" of  not being                                                              
eligible for any  insurance coverage.  He said right  now there is                                                              
not a way to buy insurance for both children.                                                                                   
                                                                                                                                
CHAIR OLSON hoped that some remedy would be forthcoming.                                                                        
                                                                                                                                
4:26:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  if he could  buy insurance  through                                                              
ACHIA.                                                                                                                          
                                                                                                                                
MR. WOOL  answered no;  that the  child would need  to have  had a                                                              
pre-existing medical condition.                                                                                                 
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  for  the  insurance  cost  to  his                                                              
family.                                                                                                                         
                                                                                                                                
MR. WOOL answered  that the family has three  individual insurance                                                              
plans.   Their oldest daughter has  a Blue Cross/Blue  Shield plan                                                              
with a $5,000  deductible.  He  and his wife each  have individual                                                              
plans with  ACHIA, each with a  $5,000 deductible.   He summarized                                                              
that  the  three  of  them  have   $15,000  deductible  for  their                                                              
insurance  policies,  but  they   cannot  buy  insurance  for  the                                                              
youngest,  healthy  child.    He   said  he  spoke  to  the  ACHIA                                                              
representative  several times.    He learned  that  in some  other                                                              
states a  family plan  is allowed so  healthy children  of parents                                                              
on ACHIA  can be incorporated into  the plan; however that  is not                                                              
the case in Alaska.                                                                                                             
                                                                                                                                
4:27:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked for the amount of the premiums.                                                                    
                                                                                                                                
MR.  WOOL   answered  that  combined   premiums  for   ACHIA  cost                                                              
approximately $1400  and the oldest daughter's  insurance premiums                                                              
cost about $200 per  month.  He pointed out the  oldest child is a                                                              
healthy  child who  was covered  before the rule  changed  and her                                                              
premiums cost approximately $200 per month.                                                                                     
                                                                                                                                
4:28:39 PM                                                                                                                    
                                                                                                                                
[HB 326 was held over.]                                                                                                         

Document Name Date/Time Subjects
HB326 ver A.pdf HL&C 4/4/2012 3:15:00 PM
HB 326
HB326 Sponsor Statement.pdf HL&C 4/4/2012 3:15:00 PM
HB 326
HB326 Fiscal Note-DCCED-INS-02-23-12.pdf HL&C 4/4/2012 3:15:00 PM
HB 326
HB326 Supporting Documents-Letter Alaska Commission on Aging 3-9-12.pdf HL&C 4/4/2012 3:15:00 PM
HB 326
HB326 Supporting Documents- 2012 States with child insurance coverage.pdf HL&C 4/4/2012 3:15:00 PM
HB 326
HB326 Supporting Documents- NCSL Report.pdf HL&C 4/4/2012 3:15:00 PM
HB 326
HB326 Supporting Documents- US Census Statistics Grandparents grandchildren.pdf HL&C 4/4/2012 3:15:00 PM
HB 326
SB104 ver E.PDF HL&C 4/4/2012 3:15:00 PM
SB 104
SB104 Sponsor Statement.pdf HL&C 4/4/2012 3:15:00 PM
SB 104
SB104 Sectional Analysis.pdf HL&C 4/4/2012 3:15:00 PM
SB 104
SB104 Fiscal Note-DOA-DMV-12-6-11.pdf HL&C 4/4/2012 3:15:00 PM
SB 104
SB104 Summary of Changes.pdf HL&C 4/4/2012 3:15:00 PM
SB 104
SB104 Supporting Documents-Letter AK Bankers Assoc 3-25-2011.pdf HL&C 4/4/2012 3:15:00 PM
SB 104
SB104 Supporting Documents-Letter AK Land Title Assoc 4-6-2011.pdf HL&C 4/4/2012 3:15:00 PM
SB 104
SB104 Supporting Documents-Letter First American Title 4-6-2011.pdf HL&C 4/4/2012 3:15:00 PM
SB 104
SB104 Supporting Documents-Letter Wells Fargo 3-21-2011.pdf HL&C 4/4/2012 3:15:00 PM
SB 104
SB122 ver I.pdf HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Sponsor Statement.pdf HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Fiscal Note-DCCED-INS-03-14-12.pdf HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Draft Proposed CS ver D.PDF HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Summary of Changes.pdf HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Supporting Document-Email Howard Hancock, Fidelity Title 2-28-12.PDF HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Supporting Document-Email Kimberly Glisson, Alaska Escrow and Title 2-28-12.PDF HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Supporting Document-Email Terri Wesley, Mat-Su Title 2-28-12.PDF HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Supporting Document-Email Terry Bryan, First American Title 2-27-12.PDF HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Opposing Document-Email Crystal Peltola, Alaska USA Title 3-1-12.PDF HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Opposing Documents-Memo Leg Legal 3-15-12.PDF HL&C 4/4/2012 3:15:00 PM
SB 122
SB122 Opposing Document-Fax Crystal Peltola, Alaska USA Title 4-2-12.pdf HL&C 4/4/2012 3:15:00 PM
SB 122