Legislature(2013 - 2014)SENATE FINANCE 532

04/01/2013 09:00 AM FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 47 STIPEND FOR STATEWIDE BOARDING SCHOOL TELECONFERENCED
Heard & Held
+ SB 59 OIL & GAS EXPLORATION/DEVELOPMENT AREAS TELECONFERENCED
Scheduled But Not Heard
*+ SB 86 APPROVE FLINT HILLS ROYALTY OIL SALE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 49 MEDICAID PAYMENT FOR ABORTIONS; TERMS
Moved SSSB 49 Out of Committee
SENATE BILL NO. 49                                                                                                            
                                                                                                                                
     "An Act defining 'medically necessary abortion' for                                                                        
     purposes of making payments under the state Medicaid                                                                       
     program."                                                                                                                  
                                                                                                                                
9:10:30 AM                                                                                                                    
                                                                                                                                
SENATOR JOHN COGHILL,  regretted that he had  been unable to                                                                    
sit in on the previous  public testimony. He offered that he                                                                    
had instructed  his staff  to write up  the six  main points                                                                    
generated  from public  testimony  in  the Senate  Judiciary                                                                    
Committee.  He  said that SB 49 would attempt  to define the                                                                    
term  "medically  necessary"  for the  purpose  of  Medicaid                                                                    
payments for abortions. He cited his six main points:                                                                           
                                                                                                                                
     Rebuttal to Planned Parenthood and Testimony from                                                                          
     Saturday, March 30, 2013                                                                                                   
                                                                                                                                
     1.   The testimony was broad and, at times, emotional.                                                                     
     That is generally a common trait when debating issues                                                                      
     involving abortion.                                                                                                        
                                                                                                                                
     2.   Sen.    Coghill    wants     to    correct    some                                                                    
     misunderstandings about the bill including some                                                                            
     misunderstandings that come from its opponents.                                                                            
                                                                                                                                
     POINT 1 - PLANNED PARENTHOOD STILL COULD NOT CEARLY                                                                        
     DEFINE WHAT AN ELECTIVE ABORTION WAS OR THAT ELECTIVE                                                                      
     ABORTIONS EVEN EXIST.                                                                                                      
                                                                                                                                
          a.   Of  course, a  reasonable person  could argue                                                                    
          that  Planned  Parenthood  cannot  openly  clearly                                                                    
          admit that  elective abortions exist  because that                                                                    
          would make them elective procedures.                                                                                  
               i.    As   we   are    all   aware   elective                                                                    
               procedures are not covered under Medicaid.                                                                       
               ii.  Paying  for  elective  procedures  would                                                                    
               therefore be an open abuse of Medicaid.                                                                          
                                                                                                                                
     POINT 2 - SB 49 DOES SATISFY EQUAL PROTECTION.                                                                             
                                                                                                                                
          1.   The  2001 Supreme  Court Opinion  stated that                                                                    
          the State has to  provide medically necessary care                                                                    
          for women seeking to give birth to a child.                                                                           
          2.   The court  also stated that the  State has to                                                                    
          provide   medically  necessary   care  for   women                                                                    
          seeking an abortion.                                                                                                  
               a.   What some  opponents, even to  this day,                                                                    
               fail  to  recognize   is  the  Supreme  Court                                                                    
               directed  that a  definition for  a medically                                                                    
               necessary abortion can be  crafted as long as                                                                    
               we  base  it  on  neutral  criteria  directly                                                                    
               related to the health  care program.  See tab                                                                    
               4c,  Page 16  highlighted portion.   That  is                                                                    
               what SB  49 does.   It was based on  the very                                                                    
               language  of  the   2001  Planned  Parenthood                                                                    
               decision and  includes direct  language found                                                                    
               in   the  federal   Hyde   Amendment.     The                                                                    
               conditions    are     neutral    and    taken                                                                    
               specifically from doctors in the field.                                                                          
                    i.   One   doctor  disagreed   with  the                                                                    
                    conditions  on Saturday.   What  she may                                                                    
                    or may  not know is that  the conditions                                                                    
                    were overwhelmingly  directly taken from                                                                    
                    the 2001 Planned Parenthood decision.                                                                       
                                                                                                                                
     POINT 3 - SB 49 UNFAIRLY TARGETS POOR WOMEN?                                                                               
                                                                                                                                
          1.   The  US Supreme  Court, long  ago ruled  that                                                                    
          the Federal Constitution does  not require a State                                                                    
          to pay  for the  costs of elective  abortions just                                                                    
          because  it  pays  for  the  costs  of  childbirth                                                                    
          related medical  care.  See  Maher v. Roe,  432 US                                                                    
          464, 474 (1977)                                                                                                       
          2.   Additionally,   the  United   States  Supreme                                                                    
          Court,   in  1980, ruled  that the  Hyde Amendment                                                                    
          (which  is  the foundation  for  SB  49) does  not                                                                    
          violate women  with lower incomes right  to obtain                                                                    
          a  medically necessary  abortion.    The case  was                                                                    
          Harris v.  McRae, 448  US 297  (1980).   The State                                                                    
          has no obligation to remove  obstacles that it did                                                                    
          not create (namely the woman's  status of being of                                                                    
          little means).                                                                                                        
                                                                                                                                
     POINT 4 - OTHER ATTEMPTS TO LIMIT ABORTIONS SINCE 2001                                                                     
     MAY OR MAY NOT HAVE BEEN SUCCESSFUL.                                                                                       
                                                                                                                                
          1.   SB-49 has nothing to  do with those attempts.                                                                    
          We cannot comment  on the reasons they  may or may                                                                    
          not  have  been  successful.    This  is  a  total                                                                    
          different focus.   SB-49 is a  "lean muscle" bill.                                                                    
          We  have  high  confidence  in  how  thorough  and                                                                    
          specific the bill is drafted.                                                                                         
                                                                                                                                
     POINT 5 - SURVIVAL OF FETUS IS NOT CONSIDERED?                                                                             
                                                                                                                                
          1.   That  is  simply   incorrect.    We've  heard                                                                    
          testimony as to the  "floating tomb" and the child                                                                    
          being "brainless."  We  considered that option and                                                                    
          incorporated  Paragraph  4,  B, 22  (See  Tab  1).                                                                    
          "Another   physical   disorder…arising  from   the                                                                    
          pregnancy….that   would   be    a   major   bodily                                                                    
          impairment."                                                                                                          
                                                                                                                                
     POINT 6 - AN OPPONENT OF THE BILL STATED THAT YOU                                                                          
     CANNOT SEPARATE "PHYSICAL HEALTH" AND "MENTAL HEALTH."                                                                     
                                                                                                                                
          1.   With  all due  respect,  President Obama  via                                                                    
          Executive  Order 13535,  case  law,  and the  very                                                                    
          existence of  the Hyde Amendment  prove otherwise.                                                                    
          Sen. Coghill invites you to  look at tab 7 in your                                                                    
          binders.    The  language is  clear  to  emphasize                                                                    
          "physical   disorder",   "physical   injury",   or                                                                    
          "physical  illness."    It specifically  does  not                                                                    
          include mental or psychological disorders.                                                                            
          2.   In  addition, SB  49 supporters,  including 3                                                                    
          national   doctors    and   7    Alaskan   doctors                                                                    
          fundamentally  disagree   with  that  presumption.                                                                    
          There  is a  genuine disagreement  in the  medical                                                                    
          community    that    mental   and    psychological                                                                    
          conditions   should   be    included   under   the                                                                    
          definition of "medically necessary abortion."                                                                         
                                                                                                                                
9:15:28 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  recalled  that  there  had  been  testimony                                                                    
suggesting that  the legislation  could result in  a savings                                                                    
for the state.                                                                                                                  
                                                                                                                                
Senator Coghill  replied that possible savings  to the state                                                                    
were indeterminate.                                                                                                             
                                                                                                                                
9:15:50 AM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer wondered  about possible  cost to  the state                                                                    
for litigating the legislation.                                                                                                 
                                                                                                                                
Senator Coghill replied that possible  litigation was out of                                                                    
his control.                                                                                                                    
                                                                                                                                
9:16:14 AM                                                                                                                    
                                                                                                                                
Co-Chair Kelly MOVED  to REPORT SB 49 out  of committee with                                                                    
individual  recommendations  and   the  accompanying  fiscal                                                                    
note. There being NO OBJECTION, it was so ordered.                                                                              
                                                                                                                                
9:16:29 AM                                                                                                                    
                                                                                                                                
SB  49  was REPORTED  out  of  committee  with a  "do  pass"                                                                    
recommendation    and    with   a    previously    published                                                                    
indeterminate fiscal note: FN1(DHS).                                                                                            
                                                                                                                                

Document Name Date/Time Subjects
SB 47 ADM Statewide.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 AFN 2012 Resolution.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 Alaska Dispatch are Boarding Schools the Solution.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 Boarding School Enrollees By City.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 Chugach SB47 Testimony.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 CITC Letter of Support.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 Galena School Letter Dec 2012.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 North Slope School District Letter.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 Residential Boarding Homes 2013Summary 3 6 13.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 ResidentialActualCostsFY09-FY13 3 12 13.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 SchoolClosuresFY99-FY13_3-4-13.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 Sectional Analysis Version P.docx SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 SSSB047-EED-K12-3-5-13 Fiscal Note.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 47 Support Letter for SB 47 Nenana.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 59 Briefing Paper.pdf SFIN 4/1/2013 9:00:00 AM
SB 59
SB 59 BRPC Letter of Support.pdf SFIN 4/1/2013 9:00:00 AM
SB 59
SB 59 Letter DNR 2013.03.19.pdf SFIN 4/1/2013 9:00:00 AM
SB 59
SB 59 Linc Letter of Support for Permit Reform 4 Mar 13.pdf SFIN 4/1/2013 9:00:00 AM
SB 59
SB 59 NSB Support Letter.pdf SFIN 4/1/2013 9:00:00 AM
SB 59
SB 59 Sectional Analysis.pdf SFIN 4/1/2013 9:00:00 AM
SB 59
SB 59 Transmittal Letter.pdf SFIN 4/1/2013 9:00:00 AM
SB 59
SB 86 Final BIF FHR 3-25-13.pdf SFIN 4/1/2013 9:00:00 AM
SB 86
SB 49 Rebuttal to Planned Parenthood and testimony from Saturday.docx SFIN 4/1/2013 9:00:00 AM
SB 49
SB 47Boarding School Stipends.pdf SFIN 4/1/2013 9:00:00 AM
SB 47
SB 86 DNR FHR PBIF Presentation 4-1-13.pdf SFIN 4/1/2013 9:00:00 AM
SB 86
SB59_SFIN Areawide_Approvals_4-1-2013.pdf SFIN 4/1/2013 9:00:00 AM
SB 59
SB 18 Public Testimony - Weld.doc SFIN 4/1/2013 9:00:00 AM
SB 18
Ann Yadon letter 2012.pdf SFIN 4/1/2013 9:00:00 AM
SB 18
FW Northern Susitna Institute CAPSIS request.msg SFIN 4/1/2013 9:00:00 AM
SB 18
FW Tsunami debris cleanup funding testimony.msg SFIN 4/1/2013 9:00:00 AM
SB 18
Mayor DeVilbiss letter.pdf SFIN 4/1/2013 9:00:00 AM
SB 18
McKinley View support.pdf SFIN 4/1/2013 9:00:00 AM
SB 18
Public Testimony 4 1 13 Senate Finance Committee.pdf SFIN 4/1/2013 9:00:00 AM
SB 18
Ruth Wood's Letter.pdf SFIN 4/1/2013 9:00:00 AM
SB 18
Sassan Mossanen support letter.pdf SFIN 4/1/2013 9:00:00 AM
SB 18
SB 18 Johnson Retirement Liability.pdf SFIN 4/1/2013 9:00:00 AM
SB 18
SB18_4113.pdf SFIN 4/1/2013 9:00:00 AM
SB 18
TAT support.pdf SFIN 4/1/2013 9:00:00 AM
SB 18
TCC support.pdf SFIN 4/1/2013 9:00:00 AM
SB 18
Testimony SB 18 ALPAR Sen Fin.pdf SFIN 4/1/2013 9:00:00 AM
SB 18