Legislature(2013 - 2014)BARNES 124

03/14/2014 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 203 REIMBURSEMENT OF HEALTH INSURANCE CLAIMS TELECONFERENCED
Heard & Held
+= HB 282 LANDLORD AND TENANT ACT TELECONFERENCED
Heard & Held
+= HB 230 AIDEA BONDS FOR PROCESSING FACILITIES TELECONFERENCED
Heard & Held
+= HB 316 WORKERS' COMPENSATION MEDICAL FEES TELECONFERENCED
Scheduled But Not Heard
        HB 203-REIMBURSEMENT OF HEALTH INSURANCE CLAIMS                                                                     
                                                                                                                                
3:21:19 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced that the first order of business would be                                                                 
HOUSE BILL NO. 203, "An Act relating to payment or reimbursement                                                                
of health care insurance claims."                                                                                               
                                                                                                                                
3:21:31 PM                                                                                                                    
                                                                                                                                
JIM  POUND,  Staff,  Representative   Wes  Keller,  Alaska  State                                                               
Legislature,  stated that  HB 203  makes a  change in  the health                                                               
care insurance policy  in Alaska.  It adds a  step to the process                                                               
for insurers  to make payments  to out-of-network providers.   It                                                               
requires  in most  cases  that  out-of-network providers  receive                                                               
payments made  out to  both the  patient and  the provider.   The                                                               
effect is two-fold.  First,  the patient would obtain information                                                               
on  how  much  the  procedure costs.    Second,  providers  would                                                               
receive an incentive to become part  of the network.  He referred                                                               
to  members'  packets  to  the  State  of  Alaska's  health  care                                                               
program,  Alaska Care,  to show  the difference  in cost  between                                                               
"In-Network"  and   "Out-of-Network"  providers  that   began  in                                                               
January 2014.   He  stated that this  transfers into  savings for                                                               
insurers  and for  the patients.    The goal  of the  bill is  to                                                               
create  a  market  basis  for  insurance  coverage  and  increase                                                               
incentives for providers to become part of a network.                                                                           
                                                                                                                                
3:23:09 PM                                                                                                                    
                                                                                                                                
LEONARD   SORRIN,   Vice-President,   Congressional   Legislative                                                               
Affairs, Premera  Blue Cross, reading from  a prepared statement,                                                               
stated  that Premera  provides coverage  to over  100,000 Alaskan                                                               
residents including individuals, small  groups, and large groups,                                                               
as well as  offering services for large self-insured  groups.  He                                                               
offered  support for  HB 203  as a  measure that  is critical  in                                                               
Alaska's ongoing  struggle to moderate its  extremely high health                                                               
care  costs.   Current Alaska  law requires  health plans  to pay                                                               
non-contracted  providers directly  for care.   This  requirement                                                               
removes  a significant  incentive  that providers  have to  enter                                                               
into negotiated contracts  with health plans at lower  rates.  He                                                               
said  that direct  payment from  the health  plan is  one of  the                                                               
major  benefits  that  providers  obtain  from  contracting  with                                                               
health plans.                                                                                                                   
                                                                                                                                
MR.  SORRIN said  that  HB 203  will  rebalance that  contracting                                                               
dynamic  in Alaska  by allowing  health  plans to  issue a  joint                                                               
check made out to both the  member and the provider.  This should                                                               
lead to  more negotiated agreements  with health plans  which can                                                               
help moderate  Alaska's health care  costs.  In fact,  Alaska has                                                               
the second highest  health care spending per capita  of any state                                                               
in the  nation.  He  provided some "eye-catching  examples" which                                                               
included  that Alaska  has the  highest average  annual cost  for                                                               
employee health benefits in the  nation, at $11,926 per employee,                                                               
which  is  twice  what  employers   in  some  other  states  pay.                                                               
Further, it  is getting worse.   In the last decade,  health care                                                               
costs in  Anchorage increased at a  rate of 70 percent  above the                                                               
national average.                                                                                                               
                                                                                                                                
3:25:01 PM                                                                                                                    
                                                                                                                                
MR. SORRIN stated that the  problem extends across the full range                                                               
of  care in  Alaska.   He  shared examples  based on  "Milliman's                                                               
report"   which  was   prepared  for   the  Alaska   Health  Care                                                               
Commission.    This  report  examined  costs  across  Alaska  and                                                               
compared them  to reference  states.   He related  that physician                                                               
reimbursement  in  Alaska is  approximately  160  percent of  the                                                               
average   compared  to   reference  states   of  Idaho,   Oregon,                                                               
Washington,  and  Wyoming.   Cardiologists  in  Alaska charge  an                                                               
average of 83  percent higher; hip replacement  costs 350 percent                                                               
more  in Alaska;  and diagnostic  colonoscopies cost  150 percent                                                               
more in Alaska than Washington.                                                                                                 
                                                                                                                                
MR.  SORRIN   said  that  additional  data   shows  that  certain                                                               
specialty services  in Alaska  are over  500 percent  of Medicare                                                               
reimbursements.  For example,  musculoskeletal services in Alaska                                                               
are 600  percent of Medicare  and cardiovascular services  are 62                                                               
percent over Medicare reimbursement.                                                                                            
                                                                                                                                
MR. SORRIN asked what the state  can do about this cost crisis in                                                               
Alaska.  He stated that  the Alaska Health Care Commission (AHCC)                                                               
made  several  suggestions,  including some  related  to  pricing                                                               
power  in Alaska.    The  AHCC recommended  doing  away with  the                                                               
direct pay  requirement.   While the  direct pay  requirement has                                                               
certainly  increased  costs,  these   cost  increases  have  been                                                               
aggravated  by  the  80th percentile  requirement  that  mandates                                                               
health plans pay non-contracted providers  at least 80 percent of                                                               
the usual  and customary rate (UCR).   He explained what  ends up                                                               
occurring  in   certain  communities  and  specialties   is  that                                                               
providers are able to dictate  their own UCR by simply increasing                                                               
their own rates to whatever level  they wish.  This leaves health                                                               
plans and  Alaska consumers  with only the  hope of  a negotiated                                                               
contract as a means to moderate  health care costs in Alaska.  He                                                               
offered his belief that this is  where a change in the direct pay                                                               
requirement would  have a substantial  impact on  Alaska's health                                                               
care  costs.   For  evidence,  he  referred to  Premera's  recent                                                               
experience with  the Federal Employee  Program (FEP)  health plan                                                               
in Alaska,  which he said  covers a fairly healthy  proportion of                                                               
Alaskan  citizens.   The  FEP program  instituted  a joint  check                                                               
policy in July 2012 exactly as proposed in HB 203.                                                                              
                                                                                                                                
3:27:45 PM                                                                                                                    
                                                                                                                                
MR. SORRIN  said the result of  that change is that  Premera Blue                                                               
Cross  almost immediately  saw 11  new contracts  negotiated with                                                               
providers  after  only  having  one in  the  previous  couple  of                                                               
months.   Further,  one sole  source  community hospital  entered                                                               
into a  negotiated agreement with  Premera Blue Cross  after five                                                               
years of non-contracted  status.  This means  that more consumers                                                               
have access  to broader network  without the risk of  higher out-                                                               
of-pocket costs.   He concluded that it's clear  a co-payee check                                                               
system  worked  for  FEP  in  Alaska and  it  will  work  in  the                                                               
commercial insured  market as well.   He predicted that  the bill                                                               
will immediately interest more providers  in joining thousands of                                                               
their colleagues who  have contracts with Premera  Blue Cross and                                                               
other carriers  across the state allowing  Alaskans and employers                                                               
to  access  more  affordable  care   and  increasing  access  for                                                               
everyone.  He thanked members for their time.                                                                                   
                                                                                                                                
3:28:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  said  this is  useful  information  to                                                               
know.  He related his  understanding that fundamentally this bill                                                               
is designed  to send  a payment  to the  patient rather  than the                                                               
physician when the physician is not in the network.                                                                             
                                                                                                                                
MR. SORRIN answered yes.                                                                                                        
                                                                                                                                
REPRESENTATIVE JOSEPHSON  said it  seemed that in  some instances                                                               
the check is written to two payees.                                                                                             
                                                                                                                                
MR. SORRIN  answered that under HB  203, the check would  be made                                                               
out as a co-payee check with  provider as the first payee and the                                                               
member as the second payee in every instance.                                                                                   
                                                                                                                                
3:29:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  asked whether the person  would need to                                                               
drive to the doctor's office to obtain a signature.                                                                             
                                                                                                                                
MR. SORRIN  answered that  what typically  happens is  the member                                                               
will endorse  the check  and send  it to  the provider,  who will                                                               
endorse it and deposit it as payment for the services.                                                                          
                                                                                                                                
3:30:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON asked what  happens if the patient fails                                                               
to do so and if the patient will be sued.                                                                                       
                                                                                                                                
MR.  SORRIN answered  that if  the consumer  doesn't forward  the                                                               
check, the provider would bill the  consumer.  He offered that in                                                               
Premera Blue  Cross's view  this bill will  allow the  company to                                                               
send the check to the person  with whom they have an agreement or                                                               
the  benefit contract  for health  care contract.   These  people                                                               
have  purchased   coverage  through  Premera  Blue   Cross.    He                                                               
explained that in instances of  non-contracted care, Premera Blue                                                               
Cross would  send the check to  the person that has  an agreement                                                               
with  them.   These consumers  should send  the check  on to  the                                                               
provider.   Typically, members would  receive education  on this,                                                               
but it  is intended to allow  patients to endorse the  checks and                                                               
send  them on  to  the  provider.   If  not,  the provider  would                                                               
collect  from  the member.    In  fact, avoiding  this  necessity                                                               
provides exactly the type of  incentive for health care providers                                                               
to enter  into network contracts  with health plans.   He offered                                                               
his belief  this should balance  the contracting  dynamic between                                                               
physicians and health plans in Alaska.                                                                                          
                                                                                                                                
3:31:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON  said it  sounds like  at the  outset it                                                               
could  be  a "headache"  for  the  consumer even  though  Premera                                                               
believes  in  the long  run  rates  will  be reduced  since  more                                                               
physicians will subscribe to the preferred provider option.                                                                     
                                                                                                                                
MR. SORRIN answered  yes; that the intent is to  expand the range                                                               
and  number of  contracted providers  in Alaska  to provide  more                                                               
people care  at lower cost.   He reiterated that  the significant                                                               
incentive is that  it is far easier and quicker  for the provider                                                               
to obtain payment  from Premera Blue Cross,  depending on whether                                                               
the provider wants to bill the  member directly or wait to obtain                                                               
the co-payee check  from the member.   It may or may  not cause a                                                               
consumer  to get  billed for  that cost  of care,  but since  the                                                               
member  has already  received a  check from  Premera Blue  Cross,                                                               
that if  they are later  billed the patient would  simply forward                                                               
that check to the provider in payment.                                                                                          
                                                                                                                                
3:32:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  asked   whether  many  patients  would                                                               
prefer not  to know  except that they  receive an  explanation of                                                               
benefits  (EOB)  at  the  end.     He  asked  from  the  consumer                                                               
perspective if this is an easier way for the payment to occur.                                                                  
                                                                                                                                
MR. SORRIN acknowledged that in  one instance it might be easier;                                                               
however,  he offered  his belief  that  it would  rob the  health                                                               
plans  in  the  health  care  market of  a  significant  tool  in                                                               
combination  with the  80th percentile  regulation.   He said  it                                                               
denies a  significant tool  to create  more balanced  health plan                                                               
negotiating leverage with providers  in Alaska, which would lower                                                               
health care costs over time for everyone.                                                                                       
                                                                                                                                
CHAIR OLSON remarked it is about behavior modification.                                                                         
                                                                                                                                
3:34:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOSEPHSON said, based  on his own experience, that                                                               
at  the office  visit, the  doctor's staff  informs him  that his                                                               
copay is  $100.  He  wondered what  his experience will  be under                                                               
this bill.                                                                                                                      
                                                                                                                                
MR.  SORRIN   answered  that  he  cannot   predict  how  specific                                                               
providers may  handle this;  however, he  hoped that  rather than                                                               
asking for $7,000 at the time  of service that the provider would                                                               
wait to receive the endorsed co-payee check from the member.                                                                    
                                                                                                                                
REPRESENTATIVE HERRON  asked whether  there is any  opposition to                                                               
the bill.                                                                                                                       
                                                                                                                                
CHAIR OLSON answered  yes; that he anticipates  hearing from some                                                               
testifiers.                                                                                                                     
                                                                                                                                
3:35:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER moved  to  adopt  the proposed  committee                                                               
substitute  (CS)  for  HB   203,  labeled  28-LS0682\C,  Wallace,                                                               
2/3/14, as the working document.                                                                                                
                                                                                                                                
CHAIR OLSON objected for the purpose of objection.                                                                              
                                                                                                                                
3:36:09 PM                                                                                                                    
                                                                                                                                
MR.  POUND  reviewed  the  changes   in  the  proposed  committee                                                               
substitute, Version  C.   He related Section  1 makes  changes to                                                               
existing language  that permits healthcare insurance  payments to                                                               
be made  directly to out-of-network hospitals  and eliminates out                                                               
of network providers upon written  request.  Paragraph 5 provides                                                               
language that  permits payment to  an out-of-network  provider by                                                               
issuing a  check made out to  both the patient and  the provider.                                                               
He  related  that  the network  providers  are  called  preferred                                                               
providers.    He referred  to  page  3,  Section 2,  which  makes                                                               
changes  to   existing  statute  that  eliminates   provider  but                                                               
maintains  hospital  when  it  comes  to  direct  payments.    He                                                               
suggested that  this narrows  the definition so  the funds  go to                                                               
the  hospital   or  out-of-network   hospital  and  not   to  the                                                               
practitioner.  He characterized these changes as a "clean up."                                                                  
                                                                                                                                
3:38:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  asked whether  the purpose of  Sections 2                                                               
and 3  is not to  narrow the  scope of medical  service providers                                                               
that  can  receive  direct  payment.   He  asked  whether  it  is                                                               
technical or a narrowing provision.                                                                                             
                                                                                                                                
MR.  POUND acknowledged  that the  language does  narrow it  from                                                               
providers to hospitals.                                                                                                         
                                                                                                                                
3:39:55 PM                                                                                                                    
                                                                                                                                
MIKE  HUMPHREY,  Chief  Executive  Officer,  The  Wilson  Agency,                                                               
stated  that  his  company  specializes  in  human  resource  and                                                               
benefits  consulting in  Alaska.   He  said he  is testifying  in                                                               
support of  HB 203.   He  stated that  he spent  20 years  as the                                                               
system-wide  director of  benefits for  the University  of Alaska                                                               
(UA).  In  that capacity, he set the strategic  direction for the                                                               
UA's  benefit  program,  including health  plans,  wellness,  and                                                               
retirement.   The prime focus  of UA and  for his clients  was to                                                               
help find  ways to slow down  the escalation of health  care plan                                                               
costs,  which is  the  biggest cost  for  nearly every  employer.                                                               
Employers really  only have about  three tools to  address health                                                               
care  plan costs,  including plan  redesign -  shifting costs  to                                                               
employees;  asking  providers  to  join the  network;  and  using                                                               
wellness programs to  change the health status  of the employees.                                                               
He said  it takes three  to five  years for wellness  programs to                                                               
show  a return.    His preference  is to  work  with the  medical                                                               
professionals to develop  incentives for them to  join a provider                                                               
network.    Over  the  years   he  has  held  many  conversations                                                               
surrounding networks and to eliminate  the fear of joining he has                                                               
demonstrated the impact on top  20 procedures and illustrated the                                                               
impact on  the cash  flow; however, his  efforts resulted  in few                                                               
providers joining the network.   In fact, he couldn't offer proof                                                               
of a change in the  turnaround from submitting bills to insurance                                                               
and receiving  reimbursement.   Instead, he  was offering  them a                                                               
reduced reimbursement in  exchange for an increase  in the number                                                               
of  patients.   However,  HB  203 has  been  designed to  provide                                                               
incentives  to encourage  providers to  join the  network and  to                                                               
help control costs.                                                                                                             
                                                                                                                                
3:43:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  referred  to  the  three  aforementioned                                                               
options  for   health  care  containment.     He   recalled  that                                                               
increasing the  network had  the quickest  turnaround.   He asked                                                               
for  clarification  on  whether  that  option  will  provide  the                                                               
largest savings  or if the  wellness or plan  redesign represents                                                               
the best option for cost savings.                                                                                               
                                                                                                                                
MARTIN  HESTER, Director,  Division  of  Insurance (DOI),  Juneau                                                               
Office, Department of Commerce,  Community & Economic Development                                                               
(DCCED), answered that  plan redesign has an  immediate impact on                                                               
the employees  but it doesn't take  costs out of the  health care                                                               
plan.    He explained  that  wellness  programs are  a  long-term                                                               
initiative  to  manage  the  population's   health  so  the  most                                                               
immediate return would be for a  provider to accept a discount by                                                               
joining a network.                                                                                                              
                                                                                                                                
3:43:49 PM                                                                                                                    
                                                                                                                                
JAMES  BROOKS, Doctor;  Executive Director,  Providence Anchorage                                                               
Anesthesia Medical  Group (PAAMG), stated  that he is  opposed to                                                               
this bill because of its  impact on members' constituents and his                                                               
patients.   He  said that  his patients  have same  the right  to                                                               
efficient  claims  adjudication  and remittance  of  payments  to                                                               
providers whether they are served  by a participating provider or                                                               
a  non-participating provider.    These patients  should also  be                                                               
afforded  the same  rights  as hospitals  that  are staffed  with                                                               
teams  of  health  care  professionals   to  process  claims  and                                                               
payments.    The  entire health  care  industry  is  implementing                                                               
electronic  health  records,  electronic claims  submission,  and                                                               
being  paid  with  electronic  remittance  to  reduce  costs  and                                                               
complexity  of care  for the  patients.   This proposed  bill, HB
203, will  use a two-party  paper check system for  remittance of                                                               
monies due  to providers.  He  said, "To me, this  defies logic."                                                               
He offered  his belief that  HB 203 will increase  the complexity                                                               
of  payment for  services.   Patients  will now  have  to act  to                                                               
convey  a check  from themselves  to the  providers of  services.                                                               
Patients  with guardians,  surrogates,  and  other third  parties                                                               
assisting  in  their  care  may   struggle  to  get  the  process                                                               
accomplished.     This  process   will  initially   confuse  some                                                               
patients, as  was testified  to earlier  and it  would definitely                                                               
increase  the   amount  of   paperwork  and   the  communications                                                               
necessary after  having received health  care.  He  stressed that                                                               
it  would also  delay reimbursement  from patients  to providers.                                                               
Once  it   delays  reimbursement   and  increases   the  accounts                                                               
receivable cycle,  it will  elevate costs.  As it  elevates costs                                                               
some providers may "sign networks"  but other providers will pass                                                               
the cost on to  others.  He also said, "Frankly,  I just think it                                                               
is bad legislation;  it's illogical legislation, and  it's a step                                                               
back to  how business  was done  20 or 30  years ago."   However,                                                               
it's  not the  pattern  for increasing  efficiency  in the  whole                                                               
business side of  health care.  He argued that  this bill imposes                                                               
a risk  of failure on  patients and if  patients are out  of town                                                               
for any number of reasons and  don't process their mail they will                                                               
risk having  payments due to  a provider sitting somewhere  or be                                                               
lost.  Yet the patients  will ultimately still be responsible for                                                               
the payments.   He concluded that this bill shifts  the burden to                                                               
patients and  to constituents  in order  to benefit  an insurance                                                               
network.  He thanked members for the opportunity to testify.                                                                    
                                                                                                                                
3:47:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOSEPHSON  commented that  when  he  thinks of  a                                                               
company such  as Premera Blue Cross,  he is unsure whether  he is                                                               
dealing with  a corporation with a  profit motive or a  coop.  He                                                               
said if  he knew this it  would assist him in  determining how he                                                               
feels about this bill.                                                                                                          
                                                                                                                                
CHAIR  OLSON responded  that question  is  not part  of the  bill                                                               
before the committee at this  time; however, he suspected someone                                                               
could provide him with that information.                                                                                        
                                                                                                                                
3:47:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER understood  him to say this  will move the                                                               
state  backwards  to using  checks,  but  that electronic  health                                                               
records  (EHR) is  the trend.    He asked  whether EHR  currently                                                               
envision solely electronic transfer  of payments between patients                                                               
and insurers.                                                                                                                   
                                                                                                                                
DR.  BROOKS answered  that the  [PMAAG] currently  has electronic                                                               
health records.   Currently, PMAAG  submits the vast  majority of                                                               
their  claims electronic  so no  paperwork is  processed by  most                                                               
entities   or  payers.     Finally,   most  insurance   companies                                                               
electronically remit payments and these  payments are posted.  He                                                               
emphasized  that  this  process  is totally  transparent  to  his                                                               
patients.  He  reported that he is a  participating provider with                                                               
[Premera] Blue Cross Blue Shield (PBCBS).   He said that if every                                                               
company  operated as  PBCBS does  that he  wouldn't be  concerned                                                               
with  much of  the bill;  however, other  insurance companies  do                                                               
business  in  this  state  and  "let's just  say  they  are  very                                                               
corporate."  Thus  some insurance companies have  a "bottom line"                                                               
incentive in  terms of how this  check process will work.   Every                                                               
company doing  business in this  state is not Premera  Blue Cross                                                               
Blue  Shield  and is  not  represented  by [patients]  testifying                                                               
today.   Some insurance companies  are already sending  out paper                                                               
checks  and defying  the state's  law.   He  indicated he  became                                                               
aware of  this since some  of his employees receive  these checks                                                               
to be used to pay for  their services and it is already affecting                                                               
providers.   He said, "I think  you can't take a  quality company                                                               
like [Premera] Blue  Cross Blue Shield and  assume that everybody                                                               
that's doing business  in this state is going to  operate the way                                                               
Jeff Davis  and his team of  people would operate."   He surmised                                                               
other companies operate in Alaska who may be far less ethical.                                                                  
                                                                                                                                
3:49:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked whether  he  is  a member  of  the                                                               
PBCBS.                                                                                                                          
                                                                                                                                
DR. BROOKS  stated that he  does not  have any economic  "skin in                                                               
the game" when  it comes to PBCBS.  He  emphasized that there are                                                               
a lot of  other insurers in this  state that he would  not sign a                                                               
contract with for anything, not  because of economics, but due to                                                               
the horrible terms imbedded in their contracts.                                                                                 
                                                                                                                                
REPRESENTATIVE SADDLER  understood he  is a  participating member                                                               
of PBCBS.   He  understood he  is a network  provider.   He asked                                                               
whether he is required to submit claims electronically.                                                                         
                                                                                                                                
DR. BROOKS  agreed he is  a network provider.   He was  unsure of                                                               
whether he is required to  submit claims electronically, but that                                                               
is  how he  does business  with  them and  PBCBS remits  payments                                                               
electronically  back  to   the  Providence  Anchorage  Anesthesia                                                               
Medical Group (PAAMG).                                                                                                          
                                                                                                                                
3:50:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HERRON  said  he   believes  he  understands  his                                                               
concern.  He said that what's  being proposed is a paper process.                                                               
He asked  whether within the  electronic transfer a  system could                                                               
be   developed  in   which   the   patient  must   electronically                                                               
acknowledge that "this is true"  and the care provider would then                                                               
be paid.  He asked whether PAAMG would prefer that method.                                                                      
                                                                                                                                
DR. BROOKS  was unsure of how  that process would work.   He said                                                               
that  PAAMG  receives  hundreds   of  payments  for  hundreds  of                                                               
different  patients   sent  by  different   providers,  including                                                               
Medicaid, Medicare, and PBCBS, among  others.  These payments are                                                               
posted  in a  mass production  method.   He was  unsure how  this                                                               
would   function  if   he  must   wait  for   every  patient   to                                                               
electronically sign  for the  payments.   He reported  that PAAMG                                                               
takes care of  numerous patients that don't even know  how to use                                                               
e-mail, who  will struggle  to contend with  another step  in the                                                               
process.  He  indicated that the legislature  authored the Health                                                               
Care Decision Act.   The legislature is aware  that guardians and                                                               
surrogates currently act on behalf  of patients with limitations.                                                               
He was unsure  about complicating the process  for these patients                                                               
and how they would deal with the additional process.                                                                            
                                                                                                                                
3:52:33 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON asked  him to  assess the  impact of  HB 203  on his                                                               
"back office staffing."                                                                                                         
                                                                                                                                
DR. BROOKS said  that [the proposed bill] would  cost money since                                                               
it will require him to "chase  patients" to bring him one payment                                                               
at a time and sign off on it.   He anticipated he would need more                                                               
staff.   For example, currently, significant  problems exist with                                                               
payment of claims  and processing of claims by Medicaid.   He has                                                               
already had  to expand  his staff to  contend with  the problems.                                                               
When a  health care financial  cycle changes because  the process                                                               
changes,  like rolling  out a  new information  system, they  are                                                               
putting another step  in the process, it will  cost the providers                                                               
of  the state  money.   He indicated  that PAAMG  is on  par with                                                               
PBCBS.   He said, "I promise  you many other practices  will have                                                               
to hire  more people to  deal with  this and chase  down patients                                                               
and  try to  get the  check either  mailed in  or brought  to the                                                               
office and get them signed appropriately."                                                                                      
                                                                                                                                
3:53:43 PM                                                                                                                    
                                                                                                                                
RICK  WATSON,  Chief  Executive  Officer,  Orthopedic  Physicians                                                               
Anchorage,  stated  that  Orthopedic Physicians  Anchorage  (OPA)                                                               
consists of  a group of  31 providers specializing  in orthopedic                                                               
surgery and  rheumatology in Anchorage.   Most of  the orthopedic                                                               
surgeons in  Alaska, including his group,  are non-contracted out                                                               
of network providers.   The OPA has  no contractual relationships                                                               
with commercial insurance  carriers.  Our concern with  HB 203 is                                                               
primarily  for  the  effect  it  will have  on  patients.    When                                                               
patients come  to the OPA  for care,  OPA offers to  verify their                                                               
insurance benefits, obtain  required pre-authorizations for them,                                                               
file claims  with their  insurance company  for them,  and notify                                                               
them  when their  insurance pays.    He said,  "We do  this as  a                                                               
courtesy."  Insurance  companies refuse to tell OPA  what will be                                                               
paid in  advance so OPA  provides patients estimates  and explain                                                               
the actual  amount that they will  owe will be unknown  until the                                                               
insurance  company  pays.   He  acknowledged  that  patients  are                                                               
understandably  frustrated by  this  process  and readily  assign                                                               
their insurance  benefit payments  to OPA so  insurance companies                                                               
will pay OPA directly so they do not have to deal with it.                                                                      
                                                                                                                                
3:55:29 PM                                                                                                                    
                                                                                                                                
MR. WATSON stated that payments  on claims are frequently delayed                                                               
for long  periods as insurance  companies routinely  request more                                                               
and  more information.   Patients  and  insurance companies  have                                                               
come to expect this from providers  "even those of us who are not                                                               
contracted  with   them."     Consequently  almost   no  patients                                                               
understand this  process or are prepared  to do it on  their own.                                                               
As a courtesy OPA deals with  the providers to spare patients the                                                               
time,  the frustration,  and  the  worry, so  they  can focus  on                                                               
getting better.   He indicated  that OPA consistently  finds that                                                               
patients  don't  understand  their   insurance  policies  or  the                                                               
contractual relationship they have  with their insurance company.                                                               
Many patients  mistakenly think that  the insurance  company will                                                               
pay  it  all  and they  will  owe  nothing.    He said,  "We  are                                                               
dumfounded why insurance companies make  so little effort to help                                                               
their enrollees understand  these things and expect us  to do the                                                               
explaining.   We shudder to  think what would happen  to patients                                                               
if we  billed them  100 percent  direct and if  they had  to file                                                               
their own claims, and get  their own preauthorizations and try to                                                               
get reimbursed."   He offered his belief that HB  203 proposes to                                                               
strip patients  of their  right to  assign insurance  benefits to                                                               
their physicians by allowing insurance  companies to write checks                                                               
to both the patient and  the non-contracted provider, require co-                                                               
signatures on those  checks and not require  formal assignment of                                                               
benefits.   Further, HB 203  makes the State of  Alaska complicit                                                               
in  misleading  patients  to  think  that  a  formal  contractual                                                               
relationship  exists between  their insurance  company and  their                                                               
non-contracted providers  when one  does not  exist.   He offered                                                               
his belief that this will further confuse patients.                                                                             
                                                                                                                                
MR. WATSON  said, "As referenced  earlier by Mr.  Sorrin, several                                                               
months ago  federal Blue Cross  stripped patients of  their right                                                               
to  assign  benefits to  their  non-contracted  providers."   All                                                               
reimbursement checks  are now  sent directly  to the  patient and                                                               
not the  provider as  HB 203  proposes.   Many of  those patients                                                               
still  don't  understand why  they  are  receiving those  checks.                                                               
Many hold  them not knowing what  to do.  Some  patients misplace                                                               
the checks while others sense a  windfall and cash the checks and                                                               
spend the  money.  When  the bill  arrives the patient  no longer                                                               
has the funds to pay their  physician.  As a consequence of this,                                                               
non-contracted providers were forced to  require up to 50 percent                                                               
advance deposits from those patients.   He expressed concern that                                                               
with HB  203, many more  patients will  not have means  to afford                                                               
such deposits  and their care will  be delayed.  He  related that                                                               
OPA  has  other concerns  with  HB  203.    For example,  if  the                                                               
insurance company overpays  he asked whether the  patient will be                                                               
required to cosign  the reimbursement check in the  same way they                                                               
did with the  initial payment.  If the  insurance underpays, will                                                               
the  patient need  to become  involved to  "make it  right."   He                                                               
asked for  the reason  that it is  important to  preserve patient                                                               
rights, to assign benefits to  hospitals, but not their physician                                                               
or a  surgery center.  He  offered his belief that  HB 203 drives                                                               
another   wedge  between   patients   and  their   non-contracted                                                               
providers.    It  further   increases  patient  confusion,  draws                                                               
patients  into  administrative  role  they  clearly  don't  want,                                                               
understand,  or are  prepared to  take.   Finally,  it imposes  a                                                               
financial  risk  on patients  that  could  delay their  care  and                                                               
increase their debt.  He thanked members for listening.                                                                         
                                                                                                                                
3:59:03 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON  removed his  objection.    There being  no  further                                                               
objection, Version C was before the committee.                                                                                  
                                                                                                                                
[HB 203 was held over.]                                                                                                         
                                                                                                                                
3:59:37 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                

Document Name Date/Time Subjects
HB203 ver N.pdf HL&C 3/14/2014 3:15:00 PM
HB 203
HB203 Sponsor Statement.pdf HL&C 3/14/2014 3:15:00 PM
HB 203
HB203 Sectional Analysis.pdf HL&C 3/14/2014 3:15:00 PM
HB 203
HB203 Fiscal Note-DCCED-DOI-03-07-14.pdf HL&C 3/14/2014 3:15:00 PM
HB 203
HB203 Fiscal Note-DOA-HPA-03-07-14.pdf HL&C 3/14/2014 3:15:00 PM
HB 203
HB203 Supporting Documents-AK Health Plan comments-Premera.pdf HL&C 3/14/2014 3:15:00 PM
HB 203
HB203 Supporting Documents-Letter Ward Hulbert 3-07-2014.pdf HL&C 3/14/2014 3:15:00 PM
HB 203
HB203 Supporting Doucments-Alaska Care-Summary of Benefits - Network vs Non-Network.pdf HL&C 3/14/2014 3:15:00 PM
HB 203
HB203 Draft Proposed Blank CS ver C.pdf HL&C 3/14/2014 3:15:00 PM
HB 203
HB282 Supporting Documents-Letter Cathleen Hahn 03-11-14.pdf HL&C 3/14/2014 3:15:00 PM
HB 282
HB282 Draft Propose Amendment O.1.pdf HL&C 3/14/2014 3:15:00 PM
HB 282
HB282 Memo - Legal Services re Draft Amendment O.1 02-28-14.pdf HL&C 3/14/2014 3:15:00 PM
HB 282
HB230 Draft Proposed Amendment ver U.1.pdf HL&C 3/14/2014 3:15:00 PM
HB 230
HB230 Draft Proposed Amendment ver U.2.pdf HL&C 3/14/2014 3:15:00 PM
HB 230
HB230 Draft Proposed Amendment ver U.4.pdf HL&C 3/14/2014 3:15:00 PM
HB 230
HB230 Draft Proposed Amendment ver U.5.pdf HL&C 3/14/2014 3:15:00 PM
HB 230
HB282 Opposing Documents-Letter Richard Block 3-14-2014.pdf HL&C 3/14/2014 3:15:00 PM
HB 282
HB230 Summary of Changes ver A to ver U.pdf HL&C 3/14/2014 3:15:00 PM
HB 230
HB316 Draft Proposed Amendment O.1.PDF HL&C 3/14/2014 3:15:00 PM
HB 316