Legislature(1995 - 1996)

03/07/1996 09:15 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  SENATE BILL NO. 193                                                          
                                                                               
       An Act requiring insurance  coverage for certain  costs                 
       of birth; and providing for an effective date.                          
                                                                               
  Co-chairman  Halford directed that SB 193  be brought on for                 
  discussion.  BRUCE RICHARDS, aide to Senator Judy Salo, came                 
                                                                               
                                                                               
  before committee.   He explained that the bill would require                 
  48-hour mandatory coverage of postpartum hospitalization and                 
  medical care  for  a mother  and new-born  baby for  regular                 
  vaginal delivery and 96  hours for a Cesarean section.   The                 
  legislation was  introduced in  response to  a  call from  a                 
  constituent who was not authorized to remain in the hospital                 
  after 24  hours  and did  not believe  she was  ready to  be                 
  discharged.    Review  of the  situation  indicates  this is                 
  becoming a nationwide issue.  Six states have passed similar                 
  legislation, and it is under consideration in 16 others.                     
                                                                               
  Mr. Richards  referenced subsection (c), commencing  at page                 
  1, line  13, and  stressed that  the bill  does not  require                 
  mothers and infants  to remain in the hospital  for 48 or 96                 
  hours.    If the  mother  and  physician are  in  agreement,                 
  discharge may occur prior  to stated time frames.    Senator                 
  Donley  expressed  concern  over   "to  what  great  lengths                 
  insurance  companies go  to  avoid providing  coverage"  and                 
  noted that statutory language has previously been twisted in                 
  dramatic ways.                                                               
                                                                               
  GORDON EVANS,  Health Insurance Association of America, came                 
  before committee  voicing opposition to  the bill.   He said                 
  the  association  opposes  all  legislation  which  mandates                 
  coverage since it  tends to raise  costs.  The instant  bill                 
  would merely add another law to cure a  non-existent problem                 
  in Alaska.                                                                   
                                                                               
  Mr. Evans pointed to  great strides made by the  health care                 
  industry in providing and delivering quality care at reduced                 
  costs.  One  means of achieving  the reduction was to  lower                 
  the  number of  in-patient hospital  stays for a  variety of                 
  illnesses,  including  the length  of  maternity stay.   The                 
  average stay for maternity is not the  result of a change in                 
  policy by insurance companies but the result of a long trend                 
  of  steady decline.   The average stay  for vaginal delivery                 
  was 4 days in  1970, 2.2 days in 1988,  and 2 days in  1993.                 
  That  decline  is  consistent  with  the decline  for  other                 
  services, due to increased medical knowledge and advances in                 
  patient care.                                                                
                                                                               
  Mr. Evans acknowledged that the health care industry has not                 
  gotten  across  some key  points  in "this  mostly emotional                 
  issue."   The issue does not  involve debate about "covering                 
  medically necessary care."   If hospital care  is necessary,                 
  insurers will  cover it for  as long  as needed.   The  real                 
  issue  is  whether,  and how,  insurers  and  policy holders                 
  should cover care that is  not medically necessary or  which                 
  does not need to be provided  in an unduly expensive setting                 
  such as a hospital versus a home or hotel.  Critics of early                 
  discharge fail to understand that not paying for unnecessary                 
  care  or  care  in  unnecessary  settings  is  what  enables                 
  insurers  to  offer  numerous  other  services  managed care                 
  programs provide.  Mr. Evans  cited "well-baby," dental, and                 
                                                                               
                                                                               
  vision coverage as examples.  He stressed that "nobody wants                 
  a discharge program that jeopardizes  the health of a mother                 
  or  child."    The  industry would  not  be  utilizing early                 
  discharge programs  if they were not medically  safe.  There                 
  is a lack of data indicating  that early discharge before 48                 
  hours after vaginal  and before 96 after  a Cesarean section                 
  is harmful or unsafe for  the mother or baby.  Advocates  of                 
  proposed new mandates within CSSB 193 (L&C) have provided no                 
  evidence  that insurance companies  doing business in Alaska                 
  are  systematically  requiring  mothers and  infants  to  be                 
  discharged before  they are  medically ready.   There  is no                 
  empirical evidence to suggest how  long a hospital maternity                 
  stay should  be.  The American College  of Obstetricians and                 
  Gynecologists suggests that:                                                 
                                                                               
       There is relatively little scientific data  on the                      
       ideal length of hospital stay for delivery.                             
                                                                               
  The  American  Medical  Association   has  taken  a  similar                 
  position.   The  Health  Insurance  Association  of  America                 
  believes  that  services  and length  of  hospital  stay for                 
  mothers and infants  should be determined on  a case-by-case                 
  basis and on medical necessity for  both mother and child as                 
  determined jointly by a mother and her doctor.                               
                                                                               
  Co-chairman Frank voiced his understanding  that if a doctor                 
  now determines that  a woman should remain  hospitalized for                 
  longer than 48 hours following a regular birth, no insurance                 
  company now doing  business in Alaska would  refuse to cover                 
  that care.  Mr. Evans concurred in that understanding.                       
                                                                               
  Discussion followed concerning the situation which gave rise                 
  to introduction of the legislation.   Mr. Evans advised that                 
  one of Senator Salo's constituents  indicated she was forced                 
  to leave the hospital before 24 hours.  He acknowledged that                 
  an isolated case of early discharge might have occurred, but                 
  he said he  had no knowledge of  such a case.   No complaint                 
  was filed with the Division of Insurance.                                    
                                                                               
  NANCY WELLER, Medical Assistance  Administrator, Division of                 
  Medical Assistance,  Dept. of  Health  and Social  Services,                 
  came before committee in response to a question from Senator                 
  Rieger asking if  the proposed  bill would impact  Medicaid.                 
  She explained that while it is  unclear whether or not there                 
  will  be  impact, and  the  sponsor  has  requested a  legal                 
  opinion, impact  is not anticipated  because the legislation                 
  does  not  require  hospitalization.    The bill  speaks  to                 
  hospitalization  or  medical care  for  a certain  number of                 
  hours following delivery.  The  Medicaid program provides 24                 
  hours of in-patient care  for vaginal delivery and 72  hours                 
  for  a  Cesarean   section  without  a  request   for  prior                 
  authorization for extended stay.  If the physician feels the                 
  mother needs to remain hospitalized for a longer period, the                 
  professional   review   organization   is  called,   medical                 
                                                                               
                                                                               
  information is  shared, approval  is obtained, and  Medicaid                 
  pays  for  the  care.    Medicaid  also  provides  for  "any                 
  medically necessary services for the  pregnant woman and the                 
  child following  delivery."  If the mother  is only Medicaid                 
  eligible because  she is pregnant,  she "gets two  months of                 
  all health care  services covered  by the program  following                 
  discharge from the hospital."                                                
                                                                               
  Senator Rieger voiced his understanding that should Medicaid                 
  be impacted by the proposed bill, current program procedures                 
  would remain unchanged.  Mrs.  Weller concurred, advising of                 
  her understanding that the bill does not require 48 hours of                 
  hospitalization.    In  response  to  a  question  from  the                 
  Senator,  Mrs. Weller  said that  children born to  women on                 
  Medicaid receive "an automatic one-year coverage of Medicaid                 
  without reapplying for coverage."                                            
                                                                               
  In response to questions from Co-chairman Frank, Mrs. Weller                 
  explained that  Medicaid policies  are similar  to those  of                 
  insurance companies  in terms  of provision  of 24  hours of                 
  care for  vaginal delivery  in a  hospital.   If the  mother                 
  requires additional care, the  physician calls and  requests                 
  permission for an extended stay.  The Co-chairman advised of                 
  his understanding  that the  legislation would  require that                 
  the mother remain  in the hospital  for 48 hours unless  she                 
  and the  physician agree on  earlier discharge.   Since that                 
  appears to differ  from present Medicaid policy in  terms of                 
  length of stay and pre-approval for  an extended stay, it is                 
  difficult to understand why no cost would be involved.  Mrs.                 
  Weller reiterated  that  the bill  does not  mandate an  in-                 
  patient setting.  It is thus questionable whether there will                 
  be impact  on the program.  Co-chairman Frank referenced the                 
  sponsor's intent  that the  patient remain  in the  hospital                 
  rather than merely under a doctor's care.                                    
                                                                               
  Bruce Richards returned before committee to explain that the                 
  term  "medical  care"  would cover  home  visits  and return                 
  visits to the  doctor.   Co-chairman Frank again  questioned                 
  the fact that  the bill  appears to mandate  48 hours  while                 
  Medicaid  specifies  24  hours,   with  prior  approval  for                 
  exceptional cases.   He suggested  that should the  proposed                 
  bill  pass,  there would  be  an inconsistency  between what                 
  private health care providers are required to cover and what                 
  Medicaid provides.   At the present time,  private insurance                 
  and Medicaid appear  to be comparable.  Should  the proposed                 
  bill pass, Medicaid would become substandard relative to the                 
  new  mandate.   Mr.  Richards  voiced  his belief  that  the                 
  proposed  bill  would cover  Medicaid.   He  suggested there                 
  would be no increase in costs  because Medicaid is living up                 
  to the spirit of the law at the present time.  Authorization                 
  after 24 hours is forthcoming under Medicaid.  Medicaid also                 
  pays for medical care once the patient is discharged.                        
                                                                               
  In response to additional  questions from Co-chairman Frank,                 
                                                                               
                                                                               
  Mr.  Richards  explained   that  the  proposed   legislation                 
  responds  to  "a  small problem  in  Alaska."    It is  more                 
  prevalent  in   the  "Lower   Forty-eight"  due   to  health                 
  maintenance organizations.   The intention  is to "nip  this                 
  problem  in  the  bud."    Some  places  in  California  are                 
  discussing discharge as  soon as  six hours after  delivery.                 
  While no evidence indicates 48 hours  is the "magic number,"                 
  there is also no evidence to suggest that early discharge is                 
  safe.  The  American Academy of  Pediatrics has asked for  a                 
  moratorium on the issue.                                                     
                                                                               
  Co-chairman  Frank  advised   of  difficulty  envisioning  a                 
  situation   in   which   a   doctor   recommends   continued                 
  hospitalization but the hospital nevertheless discharges the                 
  patient.  Mr. Richards said that the question is not whether                 
  the individual will be  discharged but "Who is going  to pay                 
  for the coverage  if they  stayed longer."   People pay  for                 
  medical  insurance   to  cover  situations   such  as  that.                 
  Amendments contained within the proposed  bill relate to the                 
  insurance title rather than health codes.                                    
                                                                               
  Senator Rieger asked  if reference to "insurer"  would cover                 
  HMOs.  Mr. Richards responded affirmatively.                                 
                                                                               
  In response to a  further question from Senator  Rieger, Mr.                 
  Richards stressed that the proposed bill does not  require a                 
  patient to remain in  the hospital for 48 hours.  Under bill                 
  language, the decision to leave earlier would be made by the                 
  patient and her doctor.  Language commencing at page 1, line                 
  14, and carrying over to page 2, lines 1 and 2, reflects the                 
  sponsor's  intent  that the  decision  be made  by  both the                 
  patient and doctor in consultation with one another.                         
                                                                               
  Senator Rieger referenced correspondence from a pediatrician                 
  who indicated that the best way to ensure a baby gets off to                 
  a healthy start is follow-up visits, especially in the first                 
  week.    That  is  what  is  most commonly  not  covered  by                 
  insurance.    Mr.  Richards  explained  that  lack  of  bill                 
  provisions  relating  to  follow-up care  reflects  Alaska's                 
  geography and the  manner in which  health care is  provided                 
  across the state.                                                            
                                                                               
  Co-chairman Frank  voiced reluctance to place arbitrary time                 
  periods in statute.  He then  questioned why the decision on                 
  length of stay should not be left to the doctor to decide.                   
                                                                               
  END:      SFC-96, #33, Side 1                                                
  BEGIN:    SFC-96, #33, Side 2                                                
                                                                               
  The Co-chairman next asked how a  stay beyond 48 hours would                 
  be  covered.   Mr.  Richards  responded that  most insurance                 
  companies would cover medically necessary costs.                             
                                                                               
  Co-chairman  Frank suggested that  the focus of  the bill is                 
                                                                               
                                                                               
  "this feeling that  the mother  may not be  ready to  leave"                 
  rather  than reliance on  a medical  professional's opinion.                 
  Mr. Richards explained that the physician would consult with                 
  the patient  prior to making a  decision.  That  is why bill                 
  language relates to a decision by the mother and the "health                 
  care provider" rather  than the  doctor alone.   Co-chairman                 
  Frank  suggested  that a  specific time  frame might  not be                 
  necessary  if  the decision  is left  to  the doctor.   That                 
  appears to be  more logical than placing an  arbitrary limit                 
  in statute.   Mr.  Richards reiterated  that the bill  deals                 
  only with who is going to pay for the initial 48 hours.  Co-                 
  chairman Frank again voiced concern over legislative mandate                 
  of a specific time frame, saying that it moves away from the                 
  professional   judgment   aspect   of    individual   cases.                 
  Individuals want insurance to cover  costs, and costs should                 
  be medically reasonable and necessary.                                       
                                                                               
  Senator   Sharp  inquired   regarding   the  frequently   of                 
  incidences  in  which  a physician  has  recommended  a stay                 
  longer  than 24  hours for  which an  insurance company  has                 
  refused to pay.  Mr.  Richards described that occurrence  in                 
  Alaska as "very small."   The problem is growing  outside of                 
  Alaska and only starting to show here.                                       
                                                                               
  BOB  STALNAKER,   Director,  Division   of  Retirement   and                 
  Benefits,  Dept.   of  Administration,   next  came   before                 
  committee.    Co-chairman  Halford  referenced  fiscal  note                 
  information  estimating  a  monthly  per-employee charge  of                 
  $1.78.  Mr. Stalnaker explained that the $104.0                              
  note (dated  2/21/96)  stemmed from  analysis  of  potential                 
  impact of increased hospital stays.  Numbers were predicated                 
  on  what the  department thinks  experience will be.   State                 
  plans  are experience  rated.   In  such  situations, it  is                 
  common  for  the department  to show  costs in  the analysis                 
  section.   Mr. Stalnaker  directed attention  to an  updated                 
  zero fiscal  note and  referenced amounts  set forth  within                 
  analysis language.                                                           
                                                                               
  The current plan  pre-certifies pregnant  women for one  day                 
  for a vaginal delivery.  If complications arise, coverage is                 
  not denied, regardless  of the length  of stay, if there  is                 
  medical necessity.  Experience shows  that most women who go                 
  to the hospital  for delivery  want to leave  as quickly  as                 
  possible.  Mr. Stalnaker said he was unaware  of individuals                 
  or physicians  disagreeing with  the present  approach.   He                 
  subsequently noted  that  he  knew of  one  case  where  the                 
  individual was upset  because she was not  pre-certified for                 
  two days.  Mr. Stalnaker acknowledged attempts in California                 
  to bring the time down to six hours.  With increased managed                 
  care there is  a "tendency to try  to squeeze it as  much as                 
  possible."   What is happening  nationally is a  reaction to                 
  that.   There is a reasonable point  somewhere.  That is why                 
  the  department  is  neutral  on  the  proposed  bill.   Mr.                 
  Stalnaker advised that he  was not aware of any  cases where                 
                                                                               
                                                                               
  the state disagreed with a doctor on what was prescribed for                 
  a particular patient.                                                        
                                                                               
  Co-chairman Frank said  he was more comfortable  leaving the                 
  decision on length of stay to the doctor's discretion rather                 
  than mandating a minimum.                                                    
                                                                               
  Senator  Rieger inquired  concerning the  co-payment  for an                 
  extended stay.   Mr. Stalnaker advised of an  80% co-payment                 
  per the state health plan.  A state employee can purchase an                 
  addition  10%  coverage.    The  co-payment applies  to  any                 
  services, including delivery.  Senator Rieger suggested that                 
  at a market cost of $600  a day for hospitalization, mothers                 
  would not frivolously remain if the extended stay would cost                 
  them  $120.    Mr.  Stalnaker  concurred,  saying  that  the                 
  foregoing  was considered when  the department  analyzed the                 
  bill.  While  experience might  raise costs, the  department                 
  does  not  know  what  those costs  might  be.    It  is not                 
  reasonable  to  assume that  a  mother would  want  to incur                 
  additional, unnecessary  costs.   He  acknowledged that  the                 
  legislation might not measurably impact  the plan.  However,                 
  it could increase  stays.  That will not be  known until the                 
  department has some experience with the issue.                               
                                                                               
  Senator  Rieger  voiced  his  understanding  that  under the                 
  status quo,  which is policy rather than law, the stay is 24                 
  hours.  It is then up to the discretion of the doctor, only,                 
  for the  patient to  remain beyond  that time.   Should  the                 
  proposed bill  become law, remaining  for the next  24 hours                 
  would be up to the discretion of the doctor and the patient.                 
  Hospitalization beyond  48 hours would, again, be  up to the                 
  discretion of the doctor.  Mr. Stalnaker concurred.  Senator                 
  Rieger then  voiced his  belief that,  in light  of the  co-                 
  payment, it is unlikely there will  be great impact from the                 
  bill.                                                                        
                                                                               
  Brief discussion of co-payments for insurance plans followed                 
  between Co-chairman Frank and Mr. Stalnaker.                                 
                                                                               
  HARLAN   KNUDSON,   Alaska   Hospital   and   Nursing   Home                 
  Association, next came before committee, voicing support for                 
  the bill.   He  acknowledged pressure  on both  insurers and                 
  health care providers  to lower  costs.   He questioned  the                 
  qualifications of both himself and committee members to deal                 
  with an  issue  involving women  and  infants.   He  further                 
  attested to a  lack of understanding of conditions in Alaska                 
  by out-of-state  insurance companies when a  physician calls                 
  to request authorization  for extended hospitalization.   He                 
  urged that members discuss the legislation with their wives,                 
  mothers, and sisters prior to a vote.                                        
                                                                               
  When Senator Rieger asked about the  actual cost of an extra                 
  hospital  day, Mr. Knudson noted that,  in delivery of care,                 
  hospitals  tend  to  bunch  charges   into  the  first  day.                 
                                                                               
                                                                               
  Subsequent days are generally less costly.                                   
                                                                               
  Co-chairman  Halford  referenced  the  updated  fiscal  note                 
  reflecting  impact  of  $125.0  to  $250.0 in  the  analysis                 
  portion and  questioned whether figures should  be presented                 
  in that fashion  or spread across cost columns.   He said he                 
  was  not  convinced that  notation  in the  analysis portion                 
  meets the  letter of  fiscal note  law.    He  acknowledged,                 
  however, that  that  policy  issue  is  not  unique  to  the                 
  proposed bill.                                                               
                                                                               
  Discussion  followed  between   Co-chairman  Frank  and  Mr.                 
  Stalnaker regarding the impact of health care cost increases                 
  on  the state  plan.   In  the course  of his  comments, Mr.                 
  Stalnaker described deductibles and caps  as methods of cost                 
  control.                                                                     
                                                                               
  Further discussion followed concerning  insurance provisions                 
  of state agreements  with five employee labor unions and the                 
  commissioner's plan which  covers non-union employees.   Mr.                 
  Stalnaker noted that  the state has experienced  three years                 
  of no  cost increases.    The dynamics  of health  insurance                 
  increases  "are starting  to  hit  the  plan  again."    The                 
  proposed bill will not "matter in the big scheme of things."                 
  It will not have material impact on the plan as a whole.                     
                                                                               
  Co-chairman  Halford  directed  that the  bill  be  held for                 
  further review.                                                              
                                                                               

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