Legislature(2013 - 2014)BARNES 124

02/03/2014 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 234 EXTEND REGULATORY COMMISSION OF ALASKA TELECONFERENCED
Moved Out of Committee
*+ HB 242 EXTEND PT & OCCUPATIONAL THERAPY BOARD TELECONFERENCED
Moved Out of Committee
*+ HB 141 WORKERS' COMPENSATION MEDICAL FEES TELECONFERENCED
Moved Out of Committee
           HB 141-WORKERS' COMPENSATION MEDICAL FEES                                                                        
                                                                                                                                
4:18:29 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  announced that the  final order of business  would be                                                              
HOUSE  BILL  NO.  141,  "An  Act   setting  the  fee  for  medical                                                              
treatment  or  services  performed  outside the  state  under  the                                                              
Alaska  Workers'   Compensation  Act,  requiring   a  provider  of                                                              
medical   treatment  or   services  under   the  Alaska   Workers'                                                              
Compensation  Act to  submit bills  for treatment  or services  to                                                              
employers  within  180  days  after  the  date  the  treatment  or                                                              
services  are rendered,  and limiting  the time  for appealing  an                                                              
employer's denial  or reduction  of a bill;  and providing  for an                                                              
effective date."                                                                                                                
                                                                                                                                
4:18:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON declared  a  conflict of  interest.   He                                                              
stated that  he has  an ongoing  workers' compensation  claim that                                                              
is unresolved.                                                                                                                  
                                                                                                                                
CHAIR OLSON asked whether the case is an out-of-state claim.                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON answered yes.                                                                                          
                                                                                                                                
CHAIR  OLSON responded  that  he  did not  think  any conflict  of                                                              
interest exists.                                                                                                                
                                                                                                                                
4:19:20 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  stated that  the  committee  will be  reviewing  the                                                              
original bill rather  than a proposed amendment  [not offered, but                                                              
in members'  packets].  The bill  contains "180 days versus  45 or                                                              
90 days," which  will make sense to some public  members listening                                                              
today.   He explained  that the difference  in that  breakdown was                                                              
not significant to  the overall goal of the bill  and the proposed                                                              
changes could  have further complicated  matters which  might have                                                              
adversely  impacted  Alaska's  hospitals  more  than  out-of-state                                                              
hospitals.                                                                                                                      
                                                                                                                                
4:19:53 PM                                                                                                                    
                                                                                                                                
ANNA  LATHAM,  Staff,  Representative  Kurt  Olson,  Alaska  State                                                              
Legislature, read the bill title, as follows:                                                                                   
                                                                                                                                
     An  Act  setting  the  fee   for  medical  treatment  or                                                                   
     services  performed outside the  state under the  Alaska                                                                   
     Workers'  Compensation  Act,  requiring  a  provider  of                                                                   
     medical   treatment  or   services   under  the   Alaska                                                                   
     Workers'   Compensation   Act   to  submit   bills   for                                                                   
     treatment  or  services  to employers  within  180  days                                                                   
     after the date  the treatment or services  are rendered,                                                                   
     and  limiting  the  time  for  appealing  an  employer's                                                                   
     denial  or reduction  of a  bill; and  providing for  an                                                                   
     effective date.                                                                                                            
                                                                                                                                
MS. LATHAM  explained that  HB 141  does two  things.   First, the                                                              
bill will  set the fee schedule  for workers' compensation  claims                                                              
treated outside  Alaska.   Second, the  bill establishes  workers'                                                              
compensation   billing  timelines.      She  provided   background                                                              
information,  including  that  in  2011,  the  legislature  passed                                                              
House  Bill   13,  which  established  a   comprehensive  workers'                                                              
compensation fee  schedule.  The  schedule couldn't  exceed usual,                                                              
customary,  and  reasonable (UCR)  rates,  based  on the  UCR  fee                                                              
schedule  and was  reflective of  the geographical  areas for  the                                                              
services  rendered   at  the  90th   percentile.     However,  the                                                              
aforementioned  bill   failed  to  identify  any   parameters  for                                                              
locations  for  which  the  fee  schedule  could  be  used.    She                                                              
reported that Alaska  has the highest workers'  compensation rates                                                              
in the  nation.   Since 1986,  the Oregon  Department of  Business                                                              
and  Consumer Services  has  conducted a  biennial  study that  is                                                              
considered  the industry  standard.  Unfortunately,  for  the past                                                              
ten years,  Alaska has been  ranked in  the first or  second place                                                              
for the highest  workers' compensation insurance  premium rates in                                                              
the nation.                                                                                                                     
                                                                                                                                
4:21:44 PM                                                                                                                    
                                                                                                                                
MS.  LATHAM provided  some  discrepancies  between Alaska's  rates                                                              
and those  in the  Lower 48.   She  drew attention  to the  top 25                                                              
procedure  codes in  members' packets  entitled,  "Top 25  Surgery                                                              
Procedure  Codes Ranked  by Paid  Amounts (47%  of total  surgical                                                              
payments)"  and   asked  members  to  compare   Alaska's  workers'                                                              
compensation fee  schedule to Washington, Oregon,  and Idaho's fee                                                              
schedules.    While  rates  vary   somewhat,  Alaska's  rates  are                                                              
extremely high.   She referred to page 40 of  the report entitled,                                                              
"Medical  Data Report  for  the state  of  Alaska dated  September                                                              
2013."    She  explained  that   this  chart  ranks  the  top  ten                                                              
diagnostic  codes by total  claim payments  and the  International                                                              
Classification   of  Diseases   (ICD-9)  codes   by  total   claim                                                              
payments.   She  specifically referred  to the  ICD-9 code  722.10                                                              
for   displacement   of   lumbar   intervertebral   disc   without                                                              
myelopathy [at  the bottom of page  40], and pointed out  that the                                                              
National Council  on Compensation Insurance (NCCI)  indicated that                                                              
the  average payment  in  Alaska at  $31,177  compared to  $17,049                                                              
nationwide.   She  reported that  this represents  a $14,128  cost                                                              
difference for only  one procedure, noting Alaska's  rates are 182                                                              
percent higher  than the  national average.   Further,  nothing in                                                              
Alaska's  statutes prevents  a claim treated  outside Alaska  from                                                              
being  billed at  Alaska's  rates; however,  HB  141 would  change                                                              
that  practice.   Medical  services  treated  in Alaska  would  be                                                              
charged  using the  UCR fee  schedule  established in  2001.   Any                                                              
medical  services  treated  outside  Alaska  couldn't  exceed  the                                                              
charges set  by the  workers' compensation  statutes of  the state                                                              
where services were rendered.                                                                                                   
                                                                                                                                
MS. LATHAM  said the  bill would  also set  billing timelines  and                                                              
require  a  provider  submit  bills  for  treatment  to  employers                                                              
within 180  days after  the date  the treatment  is rendered.   It                                                              
would  also  limit  time  to appeal  an  employer's  denial  of  a                                                              
reduction  of a  bill  to 60  days.   The  bill  has an  immediate                                                              
effective date  and contains  a retroactivity  clause, as  well as                                                              
transition  language.    The transition  language  allows  medical                                                              
providers  to submit  bills for  service  within 180  days of  the                                                              
effective date,  irrespective of the  date of service,  and allows                                                              
providers to  submit an appeal for  denied payment within  60 days                                                              
of  the effective  date.   She  summarized  that HB  141 will  set                                                              
reasonable   timelines  for  billings,   provides  certainty   for                                                              
employers and  insurers, fixes  some loopholes  in House  Bill 13,                                                              
and  makes  incremental  changes  to  existing  statutes.    These                                                              
changes  should provide  stability and  prevent further  increases                                                              
to workers' compensation insurance rates.                                                                                       
                                                                                                                                
4:24:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  pointed  out  that  the  high  cost  of                                                              
medicine  and  the  182 percent  disparity  goes  far  to  address                                                              
Alaska's high premium rates.                                                                                                    
                                                                                                                                
MS. LATHAM agreed premium rates are an issue.                                                                                   
                                                                                                                                
CHAIR OLSON  said medical  costs are  approximately 80  percent of                                                              
the amount  paid on  workers' compensation cases.   The  costs are                                                              
significant.    He  informed  members   that  the  committee  will                                                              
consider three  additional workers' compensation bills  that could                                                              
impact  workers'  compensation  laws.    This  bill  provides  the                                                              
"first leg"  of the stool.   He offered  his belief that  when the                                                              
bills  are  considered  in  their  entirety,  they  could  provide                                                              
consumers some  reasonable savings.   He  advised members  that he                                                              
has  held discussions  with the  national  organization that  sets                                                              
rates, NCCI,  and if  the bills  pass the state  will move  in the                                                              
right direction.   He said he would be happy with  a 15-20 percent                                                              
reduction in insurance  rates, which has happened  in other states                                                              
that have  implemented serious  reform. Again,  he cautioned  that                                                              
this  bill  is only  one  segment.    He reported  that  about  20                                                              
percent  of   the  workers'  compensation  injuries   are  treated                                                              
outside  Alaska.   He  explained  that this  issue  arose when  an                                                              
original  billing  used  a  lower  rate [based  on  the  Lower  48                                                              
state's  rate],  but  once  an  audit  was  done,  the  claim  was                                                              
subsequently  rebilled [using  Alaska's  higher  rate].   However,                                                              
the  Alaskans were  treated  in  the Lower  48  state  and not  in                                                              
Alaska.                                                                                                                         
                                                                                                                                
4:27:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON appreciated the  explanation.   He asked                                                              
whether the  medical providers  find 60 days  to be  sufficient to                                                              
appeal  or  reject a  bill.    He  added that  he  represents  the                                                              
business  interests  of  most  of the  medical  community  in  his                                                              
district.                                                                                                                       
                                                                                                                                
MS. LATHAM  said the  sponsor has  not received  any letters  from                                                              
the medical community.                                                                                                          
                                                                                                                                
CHAIR  OLSON   remarked   that  the  bill   was  introduced   last                                                              
legislative session.                                                                                                            
                                                                                                                                
4:28:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  asked how  many  states have  a  provision                                                              
that allows  them to  bill at  the Alaska  rate rather  than using                                                              
their own workers' compensation rates.                                                                                          
                                                                                                                                
MS. LATHAM  answered none.  She  explained that states  use one of                                                              
two  fee  schedules, either  the  UCR  or  else a  Resource  Based                                                              
Relative Value  Scale (RBRVS), noting  43 states have  adopted one                                                              
of the two  schedules.  Additionally, some states  have reciprocal                                                              
agreements  with  other states,  but  to  her knowledge  no  other                                                              
state has adopted this approach.                                                                                                
                                                                                                                                
4:29:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  asked how much money the state  has lost in                                                              
the past  few years because  of the workers' compensation  billing                                                              
practices used by other states.                                                                                                 
                                                                                                                                
MS. LATHAM answered  that she did not have any  quantifiable data;                                                              
however,  she offered  to provide  data  on cases  that have  been                                                              
"back billed."   She  reported that about  24 percent  of workers'                                                              
compensation cases seek treatment outside Alaska.                                                                               
                                                                                                                                
CHAIR OLSON  estimated the  companies impacted probably  represent                                                              
approximately  80 percent  of the  workers' compensation  premiums                                                              
in  the state.   He  characterized  this as  a  "right and  wrong"                                                              
issue  since the claims  are initially  billed  out for an  Alaska                                                              
patient being treated  outside Alaska.  This bill  attempts to try                                                              
to fix an "abuse" of the system issue.                                                                                          
                                                                                                                                
REPRESENTATIVE HERRON  agreed.  He thought it  was appropriate and                                                              
also  characterized the  current practice  as "a  matter of  right                                                              
and wrong."                                                                                                                     
                                                                                                                                
4:30:40 PM                                                                                                                    
                                                                                                                                
MICHAEL MONAGLE,  Director, Central  Office, Division  of Workers'                                                              
Compensation,  Department  of Labor  & Workforce  Development,  in                                                              
response  to  Chair  Olson's question,  on  whether  the  division                                                              
tracks  the percentage  of claims  being  treated outside  Alaska,                                                              
answered  no.     He  explained  that  the  National   Council  on                                                              
Compensation Insurance  (NCCI) began  a medical data  call several                                                              
years ago.   The NCCI  released its first  data cut for  Alaska in                                                              
January  2013, with  a follow-up  report  in September  2013.   He                                                              
reported that  the NCCI's figures  show that 24 percent  bills are                                                              
out-of-state  billings.  He  stated that  the division  performs a                                                              
cost of  living adjustment every  three years.   Additionally, the                                                              
division  extracts the  numbers  of people  living outside  Alaska                                                              
and he  reported that  approximately 300  claimants are  currently                                                              
receiving  ongoing benefits  out-of-state, but  in most  instances                                                              
people  are treated  out-of-state and  return to  Alaska.   He did                                                              
not  believe   that  the   aforementioned  Alaska  residents   are                                                              
permanently residing outside Alaska.                                                                                            
                                                                                                                                
4:32:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   JOSEPHSON  asked   whether   the  department   is                                                              
concerned about bills  that may be lost due to  clerical errors or                                                              
third-party payer  systems, relative to the 60-day  deadline.  For                                                              
example, part  of the HB  141 is designed  to respond to  a recent                                                              
Seattle  decision in  which  the courts  ordered  that a  $199,000                                                              
workers' compensation  bill be  paid.  He  remarked that is  a big                                                              
bill to  have "lost  in the mail."   He  wondered if the  provider                                                              
should receive certified mail.                                                                                                  
                                                                                                                                
MR.  MONAGLE said  the  division  rarely reviews  medical  records                                                              
since the  billing is  between the  provider and  the payer.   The                                                              
division  receives  medical  records   when  there  is  a  dispute                                                              
between the  provider and  the payer,  either through  a reduction                                                              
or a  denial of the  bill.  In those  instances the  provider will                                                              
come before the Workers' Compensation board to file a claim.                                                                    
                                                                                                                                
4:34:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON characterized  the  division as  serving                                                              
as a referee in disputes.                                                                                                       
                                                                                                                                
MR. MONAGLE answered  yes; that the division serves  as a records'                                                              
custodian and keep  case files for the 19,000  reports of workers'                                                              
compensation  injuries  and  the  subsequent reports  as  well  as                                                              
administering the adjudication process when disputes occur.                                                                     
                                                                                                                                
4:35:06 PM                                                                                                                    
                                                                                                                                
JULIE  CISCO,   Risk  Manager,  Kenai  Peninsula   Borough  School                                                              
District (KPBSD),  referred to a  letter in members'  packets from                                                              
Dave Jones, Assistant  Superintendent of the KPBSD.   She reported                                                              
that  the KPBSD's  per claim  costs  have increased  approximately                                                              
400 percent  in the  past four  years, of  which approximately  80                                                              
percent is for medical  cost.  The school district  needs some way                                                              
to contain  costs.   In the past,  one option  was to  send people                                                              
out-of-state  for treatment and  pay the lower  state fees.   That                                                              
option  vanished  several  years  ago when  a  Lower  48  hospital                                                              
discovered a loophole  and re-billed the KPBSD  for several years'                                                              
worth of procedures.  She urged members to support HB 141.                                                                      
                                                                                                                                
CHAIR OLSON asked  whether the KPBSD  is a member of a  pool or if                                                              
the borough is a qualified self-insurer.                                                                                        
                                                                                                                                
4:36:48 PM                                                                                                                    
                                                                                                                                
MS. CISCO  answered that the KPBSD  is self-insured for  the first                                                              
$250,000  per  claim, but  above  that  the district  buys  excess                                                              
insurance through the Alaska Municipal League's (AML) pool.                                                                     
                                                                                                                                
CHAIR OLSON  said that  explains why the  KPBSD has  been tracking                                                              
the claims so closely.                                                                                                          
                                                                                                                                
MS. CISCO agreed;  noting that this represents  "first dollar" for                                                              
the  first  $250,000, without  any  aggregate  limit.   Thus,  the                                                              
KPBSD could have 100 claims breach that limit.                                                                                  
                                                                                                                                
4:37:14 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON highlighted  that in  the past couple  of weeks  that                                                              
his office  has been  contacted  by a number  of self-insurers  or                                                              
pool  members  with a  large  retention  who  have been  "hit"  by                                                              
outside  hospitals so  it is not  just primary  insurers who  have                                                              
been adversely affected.                                                                                                        
                                                                                                                                
4:37:39 PM                                                                                                                    
                                                                                                                                
SALLY  STUVEK,  Human Resources  Director,  Fairbanks  North  Star                                                              
Borough (FNSB),  said she oversees risk management,  which handles                                                              
workers' compensation  for the FNSB  and the FNSB  School District                                                              
(FNSBSD).    The  combined  plans  for the  FNSB  and  the  school                                                              
district's workers'  compensation plan  is a self-funded  program.                                                              
She  reported that  the FNSB  spends approximately  $1 million  on                                                              
workers'  compensation  benefits.    The  FNSB  continues  to  see                                                              
medical costs  increase.  The regulation  of fees and  charges for                                                              
medical  treatment,  medical  equipment,  and  prescription  drugs                                                              
would  reduce overall  workers'  compensation costs.   She  stated                                                              
that assuring a  schedule for out-of-state provided  service would                                                              
have  a  positive  impact  on  the   overall  costs  for  workers'                                                              
compensation.   She  said  the administration  of  the FNSB  fully                                                              
supports  the components  listed  in HB  141.   She concluded  her                                                              
testimony  by reporting  that the  FNSB assembly  will consider  a                                                              
resolution  on February  13, 2014.   She offered  her belief  that                                                              
this  bill creates  a reasonable  timelines  for billing  services                                                              
and for the appeal period.                                                                                                      
                                                                                                                                
CHAIR  OLSON,  after  first  determining  no one  else  wished  to                                                              
testify, closed public testimony on HB 141.                                                                                     
                                                                                                                                
4:39:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  offered his  sense  that  HB 141  makes                                                              
positive  adjustments  to  existing   practice.    He  noted  that                                                              
subsection  (f)  of the  aforementioned  statute,  makes it  clear                                                              
that  if  something   is  a  covered  event  under   the  workers'                                                              
compensation law,  such that any delay by the  provider submitting                                                              
the bill can't fall on the worker.                                                                                              
                                                                                                                                
CHAIR OLSON indicated Mr. Monagle has nodded yes.                                                                               
                                                                                                                                
4:40:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  referred to decision he  previously read                                                              
the  Barrington  decision [Alaska  Workers'  Compensation  Appeals                                                              
Commission  -   Dr.  Edward   Barrington,  Appellant,   vs.  Final                                                              
Decision  February 12,  2007] that  makes it  a little murky,  but                                                              
ultimately  reaches that  conclusion.   He said  that sometimes  a                                                              
provider  doesn't know  a settlement  has occurred.   He  remarked                                                              
that  HB  141 is  simple  enough;  however,  the law  of  workers'                                                              
compensation,  including regulations  and  procedures is  "utterly                                                              
complicated."   Thus, even  though HB  141 looks  straightforward,                                                              
it isn't  clear how the bill  will ultimately affect  the outcome;                                                              
although  it  seemed   reasonable  that  six  months   will  allow                                                              
sufficient  time for  providers  to  submit a  bill.   He  further                                                              
noted that  a worker is still allowed  to go to the  nearest point                                                              
for adequate  help even if  it is in  California.  He  offered his                                                              
belief  that  Alaska  is  improving [in  providing  all  types  of                                                              
medical procedures], especially in Anchorage.                                                                                   
                                                                                                                                
4:42:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  moved to report  HB 141 out  of committee                                                              
with  individual  recommendations   and  the  accompanying  fiscal                                                              
notes.   There being no  objection, HB  141 was reported  from the                                                              
House Labor and Commerce Standing Committee.                                                                                    

Document Name Date/Time Subjects
HB234 ver A.pdf HL&C 2/3/2014 3:15:00 PM
HB 234
HB234 Sponsor Statement.pdf HL&C 2/3/2014 3:15:00 PM
HB 234
HB234 Fiscal Note-DCCED-RCA-01-23-14.pdf HL&C 2/3/2014 3:15:00 PM
HB 234
HB234 Supporting Documents-RCA Sunset Audit 2013.pdf HL&C 2/3/2014 3:15:00 PM
HB 234
HB242 ver A.pdf HL&C 2/3/2014 3:15:00 PM
HB 242
HB242 Sponsor Statement.pdf HL&C 2/3/2014 3:15:00 PM
HB 242
HB242 Fiscal Note-DCCED-CBPL-01-27-14.pdf HL&C 2/3/2014 3:15:00 PM
HB 242
HB242 Supporting Documents-Legislative Audit Recommendations.pdf HL&C 2/3/2014 3:15:00 PM
HB 242
HB141 ver N.pdf HL&C 2/3/2014 3:15:00 PM
HB 141
HB141 Sponsor Statement.pdf HL&C 2/3/2014 3:15:00 PM
HB 141
HB141 Sectional Analysis.pdf HL&C 2/3/2014 3:15:00 PM
HB 141
HB141 Fiscal Note-DOLWD-WC-1-21-14.pdf HL&C 2/3/2014 3:15:00 PM
HB 141
HB141 Supporting Document-Letter-AK Timber Insurance Exchange 01-28-2014.pdf HL&C 2/3/2014 3:15:00 PM
HB 141
HB141 Supporting Document-Letter-AMLJIA 01-29-2014.pdf HL&C 2/3/2014 3:15:00 PM
HB 141
HB141 Supporting Document-Top 25 Surgery Procedure Code Cost Comparison Chart.pdf HL&C 2/3/2014 3:15:00 PM
HB 141
HB234 Supporting Document-RCA-Summary of Efforts 01-2014.pdf HL&C 2/3/2014 3:15:00 PM
HB 234
HB141 Draft Proposed Amendment ver N.1.PDF HL&C 2/3/2014 3:15:00 PM
HB 141
HB141 Supporting Document-NCCI Medical Data Report 09-2013.pdf HL&C 2/3/2014 3:15:00 PM
HB 141
HB141 Supporting Document-NAMIC's written testimony.pdf HL&C 2/3/2014 3:15:00 PM
HB 141
HB141 Supporting Document-Letter KPBSD 02-3-2014.pdf HL&C 2/3/2014 3:15:00 PM
HB 141