Legislature(2011 - 2012)BARNES 124

04/15/2012 09:00 AM RULES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
Moved HCS CSSB 104(RLS) Out of Committee
Scheduled But Not Heard
Moved HCS SB 74(RLS) Out of Committee
Moved HCS CSSB 23(RLS) Out of Committee
            SB  74-AUTISM: INS. COVERAGE, TASK FORCE                                                                        
9:09:37 AM                                                                                                                    
CHAIR JOHNSON announced that the  next order of business would be                                                               
SENATE  BILL NO.  74, "An  Act requiring  insurance coverage  for                                                               
autism   spectrum   disorders,    describing   the   method   for                                                               
establishing a  covered treatment  plan for those  disorders, and                                                               
defining  the   covered  treatment   for  those   disorders;  and                                                               
providing for an effective date."                                                                                               
9:09:49 AM                                                                                                                    
REPRESENTATIVE  OLSON  moved to  adopt  HCS  SB 74,  Version  27-                                                               
LS0443\E, Bailey, 4/14/12, as the working document.                                                                             
CHAIR JOHNSON objected.                                                                                                         
9:10:02 AM                                                                                                                    
ERIN   SHINE,  Staff,   Representative   Johnson,  Alaska   State                                                               
Legislature, reviewed the  changes encompassed in Version  E.  In                                                               
Version   E  on   page   1,  lines   10-11,   the  language   "or                                                               
psychologist," was  replaced with  the language  ", psychologist,                                                               
or  advanced nurse  practitioner,".    On page  1,  line 13,  the                                                               
language "may include" is replaced  with the language "includes".                                                               
On page 2,  line 3, the language "necessary  to develop, restore,                                                               
or  maintain the  functioning  of an  individual  to the  maximum                                                               
extent   practicable"  was   moved   from   following  the   term                                                               
"therapies"   to   following   the    term   "programs".      The                                                               
aforementioned  change clarifies  that  the  standard applies  to                                                               
both   applied  behavior   analysis  and   structural  behavioral                                                               
therapies.   On page 2,  lines 25-28,  a new subsection  (c) that                                                               
exempts a business with 20  employees or less from being required                                                               
to provide autism  insurance coverage is added.  On  page 2, line                                                               
29 through  page 3, line  3, a new  subsection (d) is  added that                                                               
specifies that employers with 21-25  employees may be exempt from                                                               
being  required to  provide autism  insurance coverage  when they                                                               
demonstrate   that  the   increases  to   their  premium   for  a                                                               
consecutive 12-month period is greater than 3 percent.                                                                          
9:12:06 AM                                                                                                                    
REPRESENTATIVE GRUENBERG posed a scenario  in which a company has                                                               
health insurance with company A and  it will increase more than 3                                                               
percent,  but the  company could  obtain health  insurance for  a                                                               
cost less than  3 percent from another company.   He asked, "Will                                                               
they be able to  get out under this or is there a  duty to try to                                                               
get insurance that would meet the requirement?"                                                                                 
CHAIR JOHNSON  said there is  no duty to  do so, but  opined that                                                               
any prudent  businessman would seek  a cheaper  insurance policy.                                                               
He  highlighted  that  [the  legislature]   is  trying  to  avoid                                                               
mandates on private businesses.                                                                                                 
9:13:06 AM                                                                                                                    
MS. SHINE,  continuing her review  of the changes  encompassed in                                                               
Version E, directed  attention to page 3, line  8, following "or"                                                               
the  term "has"  was  inserted.   On  page  3,  lines 23-24,  the                                                               
language  ",  psychologist,   or  advanced  nurse  practitioner,"                                                               
replaces the language "or psychologist".   On page 4, line 7, the                                                               
enactment  date  has  been  changed from  "January  1,  2012"  to                                                               
"January 1,  2013".  In  Section 3, the immediate  effective date                                                               
under AS 01.10.070(c) to January 1, 2013.                                                                                       
9:14:12 AM                                                                                                                    
CHAIR JOHNSON invited public testimony.                                                                                         
9:14:39 AM                                                                                                                    
DENNY  DEWITT, Lobbyist/Alaska  Director, National  Federation of                                                               
Independent Business,  stated that while the  National Federation                                                               
of Independent Business appreciates  the movement the legislation                                                               
makes,  unfunded mandates  are merely  that -  unfunded mandates.                                                               
While the  membership of the  National Federation  of Independent                                                               
Business appreciates  the efforts, particularly that  a number of                                                               
the more fragile  businesses in Alaska are  protected, it remains                                                               
a mandate.   In a corporate sense, the legislature  is a board of                                                               
directors  for   the  Alaska  State  corporation.     Mr.  DeWitt                                                               
highlighted that  the legislature  is ignoring its  own personnel                                                               
policies and mandating them to others.                                                                                          
9:15:54 AM                                                                                                                    
CHAIR JOHNSON,  upon determining no  one else wished  to testify,                                                               
closed public testimony.  He  then announced that the legislation                                                               
was before the committee.                                                                                                       
[Chair Johnson's earlier objection to  the adoption of HCS SB 74,                                                               
Version E, was treated as withdrawn.]                                                                                           
9:16:26 AM                                                                                                                    
REPRESENTATIVE  OLSON moved  to  report HCS  SB  74, Version  27-                                                               
LS0443\E,  Bailey,  4/14/12,  out of  committee  with  individual                                                               
recommendations and the accompanying fiscal  notes.   There being                                                               
no objection,  HCS SB 74(RLS)  was reported from the  House Rules                                                               
Standing Committee.                                                                                                             

Document Name Date/Time Subjects
SB 23 Version UU.pdf HRLS 4/15/2012 9:00:00 AM
SB 23
SB 74 Version E.pdf HRLS 4/15/2012 9:00:00 AM
SB 74
SB 104 Version T.pdf HRLS 4/15/2012 9:00:00 AM
SB 104
SB 104 v.T Leg Legal Memo 4.14.12.pdf HRLS 4/15/2012 9:00:00 AM
SB 104