Legislature(2005 - 2006)BUTROVICH 205

02/23/2005 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 70 CRIMES INVOLVING CONTROLLED SUBSTANCES TELECONFERENCED
Heard & Held
+= SB 78 SENIOR CARE PROGRAM TELECONFERENCED
Moved CSSB 78(HES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                   SB 78-SENIOR CARE PROGRAM                                                                                
                                                                                                                                
2:34:38 PM                                                                                                                    
CHAIR DYSON announced SB 78 to be up for consideration.                                                                         
                                                                                                                                
2:35:09 PM                                                                                                                    
COMMISSIONER  JOEL GILBERTSON,  Department of  Health and  Social                                                               
Services (DHSS), said SB 78 was  submitted by the Governor as one                                                               
part of  his senior care initiative  concerning prescription drug                                                               
assistance and  continuing cash assistance for  some seniors. The                                                               
bill provides drug assistance for  seniors with incomes below 300                                                               
percent  of the  poverty level  and cash  assistance for  seniors                                                               
below 135  percent of  the poverty level  after the  new Medicare                                                               
drug bill comes into effect.                                                                                                    
                                                                                                                                
COMMISSIONER  GILBERTSON  noted  DHSS   has  provided  a  written                                                               
response to  questions that  the committee  asked in  last week's                                                               
meeting and  he was present  to answer additional  questions from                                                               
the committee.                                                                                                                  
                                                                                                                                
COMMISSIONER GILBERTSON  said he  could not find  any information                                                               
on  how other  states  propose  to respond  to  the new  Medicare                                                               
prescription drug benefit under Part  B, but he found information                                                               
on  current  programs. He  said  most  of the  prescription  drug                                                               
programs are in  eastern states, but there are  six programs west                                                               
of the  Mississippi that provide direct  drug assistance: Nevada,                                                               
Wyoming,  Kansas, Minnesota,  and Missouri.  Of these  states the                                                               
most generous  is Nevada, which  covers about 235 percent  of the                                                               
federal poverty level with a  benefit limit of about $5,000, with                                                               
$10 to $25 co-payments.                                                                                                         
                                                                                                                                
The  next most  generous  is Missouri,  which  covers seniors  to                                                               
about  185  percent  of  the  poverty level  with  a  40  percent                                                               
copayment  and a  deductible  based  on income  with  a limit  of                                                               
$5,000. Kansas  covers up  to about 135  percent and  requires 30                                                               
percent in  co-payments with  a much  smaller maximum  benefit of                                                               
$1,200. Wyoming  has the most  austere program, which  covers 100                                                               
percent   of  the   poverty  level   and   only  provides   three                                                               
prescriptions per month without age limit.                                                                                      
                                                                                                                                
It  is challenging  to  compare the  current  program with  other                                                               
states because  many have not  yet responded to the  new Medicare                                                               
prescription drug  benefit that comes  into effect next  year and                                                               
will replace to some extent  the various existing state programs.                                                               
He said  Alaska's program was,  on a dollar basis,  fairly frugal                                                               
at  $670  per  beneficiary  compared   to  $5,000  allowed  under                                                               
Nevada's program.                                                                                                               
                                                                                                                                
CHAIR DYSON noted the cost  of living varies throughout the state                                                               
and asked how the price  of prescription drugs in Alaska compares                                                               
to that of other states.                                                                                                        
                                                                                                                                
COMMISSIONER GILBERTSON  responded the retail cost  of medication                                                               
is higher in rural Alaska, but  the price of drugs in urban chain                                                               
stores is comparable to that of prices in the Lower 48.                                                                         
                                                                                                                                
CHAIR DYSON noted  SB 78 does not allow  for regional differences                                                               
in drug prices.                                                                                                                 
                                                                                                                                
COMMISSIONER  GILBERTSON  responded  the legislation  would  only                                                               
cover the premium and subsidy  for the new Medicare drug benefit,                                                               
the price of which is consistent throughout the country.                                                                        
                                                                                                                                
2:42:05 PM                                                                                                                    
COMMISSIONER  GILBERTSON stated  the  administration proposes  an                                                               
entry  threshold  level of  300  percent  of the  poverty  level.                                                               
Attachment  1  shows the  number  of  individuals that  would  be                                                               
affected  by different  threshold  levels. There  was a  question                                                               
concerning language that  allows an absence from  the state while                                                               
continuing to  receive the  benefits. Allowable  absence language                                                               
from the Permanent  Fund and the old Longevity  Bonus Program was                                                               
provided  in  the  report. The  administration  was  not  greatly                                                               
concerned  about the  language being  broadened, but  was greatly                                                               
concerned about excessively limiting the allowable exceptions.                                                                  
                                                                                                                                
2:44:46 PM                                                                                                                    
SENATOR ELTON  asked how much  the cost  of the program  would be                                                               
increased if the  exceptions in the bill were  like those allowed                                                               
in the Permanent Fund Program.                                                                                                  
                                                                                                                                
COMMISSIONER  GILBERTSON  responded he  did  not  think it  would                                                               
raise  the cost  of the  program at  all. The  exception language                                                               
used in the bill was a good  faith effort to show a commitment to                                                               
the  state. Currently  the state  does not  have any  capacity to                                                               
enforce the exception rules.                                                                                                    
                                                                                                                                
SENATOR ELTON moved Amendment 1 to  insert "and is for one of the                                                               
reasons listed  in AS.43.23.008 which  is the list  of exceptions                                                               
for the  Permanent Fund Dividend."  He proposed the  amendment in                                                               
light of  the Commissioner's remark  that adopting  the Permanent                                                               
Fund exception  language would not  create a big cost  impact. He                                                               
said  this  would  make  it easier  for  someone  receiving  both                                                               
Medicare  benefits  and a  Permanent  Fund  check to  follow  one                                                               
recipe  instead of  two. Changes  could  be made  to reflect  the                                                               
interests of  seniors such as eliminating  the military exception                                                               
language. Seniors are often dealing  with family issues and these                                                               
are reasonable absences.                                                                                                        
                                                                                                                                
2:47:08 PM                                                                                                                    
SENATOR  GREEN  objected  saying  she thought  the  language  was                                                               
adequate as is.                                                                                                                 
                                                                                                                                
CHAIR  DYSON  supported  Senator  Elton and  noted  many  seniors                                                               
provide great  support to their  families during times  of crisis                                                               
and should not have to face a penalty for such efforts.                                                                         
                                                                                                                                
CHAIR  DYSON asked  whether seniors  would  have to  apply for  a                                                               
waiver to receive an exception under the bill.                                                                                  
                                                                                                                                
COMMISSIONER GILBERTSON  responded if the absence  is longer than                                                               
30 days  and is  not made  for a  medical reason,  the individual                                                               
would have  to get  a waiver from  the department.  He reasserted                                                               
the department  had no intention  of establishing  an enforcement                                                               
program.                                                                                                                        
                                                                                                                                
2:50:39 PM                                                                                                                    
COMMISSIONER  GILBERTSON noted  it  did not  mean the  department                                                               
expected everyone to be in compliance.                                                                                          
                                                                                                                                
Roll  call  proved Amendment  1  passed.  Senators Dyson,  Elton,                                                               
Olson, and Wilken voted yea; Senator Green voted nay.                                                                           
                                                                                                                                
COMMISSIONER  GILBERTSON  said  the report  provided  information                                                               
that  answered  Senator  Olson's   question  about  where  senior                                                               
services  were  being provided.  Figures  in  the report  largely                                                               
concerned seniors living below the  poverty line and do not allow                                                               
an accurate  extrapolation to those  living under 300  percent of                                                               
poverty  level,  which  are  probably  increasingly  concentrated                                                               
among urban populations. He noted  DHSS was not able to determine                                                               
the  number of  seniors who  would  be eligible  for both  Indian                                                               
Health Services and premium benefits.                                                                                           
                                                                                                                                
2:53:21 PM                                                                                                                    
JOHN SHERWOOD,  Deputy Commissioner, DHSS,  said in the  event of                                                               
lacking   appropriations,  coverage   for  the   Medicare  part-B                                                               
deductible is first eliminated,  followed by Medicare-B premiums,                                                               
and finally benefits for cash recipients.                                                                                       
                                                                                                                                
CHAIR  DYSON asked  how  much income  the  300 percent  threshold                                                               
allows a senior to have and still qualify.                                                                                      
                                                                                                                                
COMMISSIONER GILBERTSON  answered $36,400  for an  individual and                                                               
$46,800 for a couple.                                                                                                           
                                                                                                                                
CHAIR DYSON asked how the 300 percent threshold was decided.                                                                    
                                                                                                                                
COMMISSIONER GILBERTSON responded the  administration felt it was                                                               
the right level.                                                                                                                
                                                                                                                                
2:57:26 PM                                                                                                                    
CHAIR DYSON said  he understands the Governor's letter  to say 40                                                               
percent of Alaska  seniors can't afford to live in  the state and                                                               
need  some sort  of public  welfare  in order  to maintain  their                                                               
existence.                                                                                                                      
                                                                                                                                
COMMISSIONER  GILBERTSON said  the administration  would strongly                                                               
disagree  with that  statement. By  an extension  of that  logic,                                                               
Medicare is a  welfare program since the  taxpayers subsidize it.                                                               
Medicare has provided  a host of health care  benefits to seniors                                                               
over  the past  40 years  and seniors  have come  to rely  on it.                                                               
Prescription  drugs are  a new  benefit available  under Medicare                                                               
and the state is facing a  legitimate risk that seniors below 300                                                               
percent  of the  poverty level  may not  be able  to receive  the                                                               
benefits  of part-B.  This does  not mean  that they  are welfare                                                               
recipients and they cannot care of themselves.                                                                                  
                                                                                                                                
CHAIR  DYSON asked  whether 40  percent of  Alaska seniors  would                                                               
qualify for the program.                                                                                                        
                                                                                                                                
COMMISSIONER  GILBERTSON responded  40 percent  would be  covered                                                               
under current rates.                                                                                                            
                                                                                                                                
3:00:56 PM                                                                                                                    
BOB PETERS,  Glennallen resident, said simplicity  is a desirable                                                               
and  important part  of  the Medicare  system,  which is  already                                                               
pretty confusing for some seniors.                                                                                              
                                                                                                                                
PAT LUBY,  Advocacy Director,  AARP, testified  in support  of SB
78. He  said it addresses  the AARP's concerns about  seniors not                                                               
signing up  for Medicare-B. He  asserted prescription  drugs play                                                               
an important preventative role in the health care of seniors.                                                                   
                                                                                                                                
3:03:23 PM                                                                                                                    
FRANK  APPLE,  member, Commission  for  the  Aging, testified  in                                                               
support for SB 78.                                                                                                              
                                                                                                                                
3:05:45 PM                                                                                                                    
SENATOR ELTON  noted he accidentally  eliminated exclusion  for a                                                               
30-day  excused  absence for  a  business  trip in  his  proposed                                                               
amendment. He proposed  to amend Amendment 1 by  inserting "for a                                                               
vacation or  a business trip  of 30 days or  less and for  one of                                                               
the  following reasons  listed in  the  AS.43.23.008", after  the                                                               
word "temporary," on page 5, line 30.                                                                                           
                                                                                                                                
3:07:28 PM                                                                                                                    
CHAIR DYSON  moved to adopt  the revised version of  Amendment 2.                                                               
Hearing no objections, the motion carried.                                                                                      
                                                                                                                                
3:12:52 PM                                                                                                                    
SENATOR  ELTON moved  CSSB 78(HES)  Version G,  out of  committee                                                               
with individual recommendations and attached fiscal notes.                                                                      
                                                                                                                                
SENATOR  WILKEN  objected  to  express  concerns  about  the  $20                                                               
million fiscal note. He removed his objection.                                                                                  
                                                                                                                                
Having  no   further  objections,  CSSB  78(HES)   moved  out  of                                                               
committee.                                                                                                                      

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