Legislature(2005 - 2006)BELTZ 211

03/24/2005 02:00 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
+= SB 2 LIEN REQUIREMENTS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
Including But Not Limited to:
= SB 130 WORKERS' COMPENSATION
Heard & Held
= SB 140 BAN INTERNET SPYWARE
Moved SB 140 Out of Committee
= SB 137 EVICTING INSTITUTIONAL PROPERTY USERS
Moved SB 137 Out of Committee
                  SB 130-WORKERS' COMPENSATION                                                                              
                                                                                                                                
CHAIR CON BUNDE announced SB 130 to be up for consideration.                                                                    
                                                                                                                                
BARBARA HUFF-TUCKNESS, Alaska Labor  Management Ad Hoc Committee,                                                               
referenced  its  letter in  the  committee  packets. The  Ad  Hoc                                                               
Committee wanted her to explain 13 concerns regarding SB 130.                                                                   
                                                                                                                                
2:24:16 PM                                                                                                                    
Many of  the Ad  Hoc ideas are  in SB 130,  many other  items are                                                               
included  also that  it has  great  concerns with.  The first  is                                                               
reimbursement of  medical costs.  The administration  proposes to                                                               
roll  back rates  to  1999  rates. "We  do  not  believe this  is                                                               
reasonable."  Medial  costs are  the  largest  driving factor  in                                                               
workers' comp costs.                                                                                                            
                                                                                                                                
The Ad  Hoc Committee requested  information from  both insurance                                                               
companies regarding  the medical costs  in November and  have not                                                               
received   that  information   and,  therefore,   can't  make   a                                                               
reasonable  recommendation  and  deferred the  issue  until  next                                                               
year. Language  in SB 130  would impact the medical  community in                                                               
such  a way  that  physicians  might decide  to  no longer  serve                                                               
injured workers.                                                                                                                
                                                                                                                                
2:26:28 PM                                                                                                                    
The  second  letter had  to  do  with  the ACOM  guidelines.  The                                                               
committee decided  it needed  more information  on this  issue as                                                               
well.  What   little  information  it  has   received  came  from                                                               
California  that  recently  adopted ACOM  guidelines.  There  are                                                               
problems   with  how   insurance  companies   are  applying   the                                                               
guidelines and denying medical claims.  Either they are not being                                                               
clearly defined or are not being addressed at all.                                                                              
                                                                                                                                
2:28:01 PM                                                                                                                    
The  third  item  is  voc  rehab and  it  is  another  issue  the                                                               
committee  did not  receive information  on.  It is  a huge  cost                                                               
factor  within  the  workers'   comp  system.  Members  discussed                                                               
turning  it into  a return  to work  program, but  didn't receive                                                               
available information.                                                                                                          
                                                                                                                                
2:29:20 PM                                                                                                                    
Item  four  addresses  the  return   to  work  program  that  she                                                               
mentioned in  conjunction with the  voc rehab. The  committee was                                                               
looking  at it  in conjunction  with deleting  the second  injury                                                               
fund.  It did  not believe  the  fund services  the employer  and                                                               
believes  that there  needs to  be a  truly responsive  return to                                                               
work program for injured people.                                                                                                
                                                                                                                                
2:30:03 PM                                                                                                                    
CHAIR BUNDE asked her to flesh that out.                                                                                        
                                                                                                                                
2:30:13 PM                                                                                                                    
MS.  HUFF-TUCKNESS responded  that  some states  actually have  a                                                               
return  to  work program.  Some  employers  within the  state  of                                                               
Alaska  have established  a return  to work  program or  modified                                                               
work  within  their own  corporate  structure.  Some states  have                                                               
formalized those programs with their workers' comp programs.                                                                    
                                                                                                                                
2:31:29 PM                                                                                                                    
She went on  to item 5 that  did not have much  discussion in the                                                               
Ad  Hoc Committee.  But there  is  some concern  that this  would                                                               
actually increase costs to the  Workers' Comp program even though                                                               
it addresses  hiring attorneys to represent  the injured workers.                                                               
The  committee  has not  seen  any  statistical information  that                                                               
would prove that one way or the other.                                                                                          
                                                                                                                                
2:32:46 PM                                                                                                                    
The sixth item deals with the  commission and the de novo review.                                                               
The  committee has  concerns with  replacing  the superior  court                                                               
with a  new layer of bureaucracy.  A less costly idea  the Ad Hoc                                                               
Committee  had  is  having a  super-senior  workers'  comp  board                                                               
consisting of two  labor and two management with  a Workers' Comp                                                               
hearing officer.  They would hear  the appeals of  decisions from                                                               
the  Workers' Comp  Board and  would have  the ability  to decide                                                               
questions limited to  specific issues of law.  The senior members                                                               
of  the board  would have  more knowledge  of the  law and  would                                                               
follow the intent of the statutes  without adding the cost of the                                                               
bureaucracy.                                                                                                                    
                                                                                                                                
2:35:08 PM                                                                                                                    
CHAIR BUNDE asked about item 7, the fraud statute.                                                                              
                                                                                                                                
MS.  HUFF-TUCKNESS  didn't  think  the fraud  language  went  far                                                               
enough. The  department has never  followed up on fraud  that had                                                               
proof. Ad Hoc wanted greater enforcement.                                                                                       
                                                                                                                                
2:38:06 PM                                                                                                                    
She  said  the  temporary  seasonal definition,  item  8  in  the                                                               
letter,  affects   employers  around   the  state,   but  affects                                                               
construction workers the most. She  noted that Ad Hoc language in                                                               
the  letter was  fair  for  the injured  worker  as  well as  the                                                               
business.                                                                                                                       
                                                                                                                                
2:38:54 PM                                                                                                                    
She said  she looked  forward to working  with the  committee and                                                               
administration.                                                                                                                 
                                                                                                                                
2:40:17 PM                                                                                                                    
PAUL  LISANKIE,  Director,  Division  of  Workers'  Compensation,                                                               
Department  of Labor  and Workforce  Development (DOLWD),  had no                                                               
further remarks.                                                                                                                
                                                                                                                                
CHAIR BUNDE asked him to comment  on the fraud provisions in item                                                               
7 of the  Ad Hoc Committee letter.  He also asked to  know if the                                                               
return to work program was successful in other states.                                                                          
                                                                                                                                
2:41:43 PM                                                                                                                    
SENATOR DAVIS said she wanted to  know if other states had set up                                                               
a commission to bypass the superior court.                                                                                      
                                                                                                                                
MR.  LISANKIE  replied  that  he  has  looked  at  other  states'                                                               
statutes and some  have an executive branch  committee that hears                                                               
appeals  of workers'  compensation matters.  He is  not sure  any                                                               
have  precisely  the  type  of  proposal  the  Ad  Hoc  Committee                                                               
envisioned.  That is  more of  a reconsideration  by a  different                                                               
group  of the  same  board  that made  the  original decision  as                                                               
opposed  to  sending the  decision  to  separate entity  like  an                                                               
appeals commission.  The major difference  is that under  SB 130,                                                               
the appeals  commission would  take the  place of  Superior Court                                                               
and he believed that would be somewhat quicker.                                                                                 
                                                                                                                                
2:43:56 PM                                                                                                                    
KEVIN SMITH,  Executive Director,  Alaska Municipal  League Joint                                                               
Insurance Association (AMLJIA), said  it represents 140 different                                                               
municipalities and  school districts in Alaska.  It permits those                                                               
public entities to self-insure as a  group when they may not have                                                               
the resources to self-insure as individual entities. He said:                                                                   
                                                                                                                                
     As far as  risk financing mechanisms go,  being able to                                                                    
     self insure as a group is  a fairly efficient way to do                                                                    
     this. Essentially,  to pay the  cost of losses  and pay                                                                    
     the cost of  reinsurance and pay the  cost of overhead,                                                                    
     that's  about what  goes  into  calculating rates.  So,                                                                    
     there's no  shareholder profit necessary as  you get in                                                                    
     a commercial  insurance arrangement.  The AMLJIA  has a                                                                    
     $300,000   self-insured   retention.  So,   for   every                                                                    
     workers'  compensation loss  that we  have, we  have to                                                                    
     fund enough  to cover  at least  the first  $300,000 of                                                                    
     the   loss.  Above   and  beyond   that,  we   purchase                                                                    
     reinsurance  or insurance  for  insurance companies  to                                                                    
     make sure  that if somebody is  seriously injured, that                                                                    
     there's adequate resources to cover it.                                                                                    
                                                                                                                                
     But  despite the  efficiencies in  the system,  itself,                                                                    
     the costs  continue to  rise for  the public  sector in                                                                    
     Alaska just as  they have risen for  the private sector                                                                    
     in Alaska.  The Workers'  Compensation system  from our                                                                    
     perspective is broken  and needs to be  fixed. The cost                                                                    
     has gotten to a point  where a number of municipalities                                                                    
     can't afford  to purchase the insurance  any more. With                                                                    
     the  PERS   TRS  problems  on  their   plate,  lack  of                                                                    
     municipal  assistance  and revenue  sharing,  increased                                                                    
     fuel  costs,  utility   costs,  the  increased  demands                                                                    
     essentially on  the public coffers with  less resources                                                                    
     have forced me to cancel  at least 10 municipalities in                                                                    
     December from  coverage for Workers' comp  for property                                                                    
     and  for liability  and I  have  canceled several  more                                                                    
     since then.... It's a serious situation.                                                                                   
                                                                                                                                
He  said  that SB  130  is  a step  in  the  right direction  for                                                               
containing the  increasing costs for Workers'  Compensation. Some                                                               
of the positives are the  ability to stipulate to agreements when                                                               
both  parties are  represented  without  getting board  approval,                                                               
streamlining  the  voc  rehab  process  and  having  a  preferred                                                               
provider  list for  employers that  is  voluntary for  employees.                                                               
Generic drugs  are a good  thing and guidelines for  medical care                                                               
is a positive step. Some offset  for PERS and TRS or occupational                                                               
disability  is another  good  idea  as well  as  phasing out  the                                                               
second injury fund.                                                                                                             
                                                                                                                                
2:47:40 PM                                                                                                                    
CHAIR BUNDE asked what the  public entities who are going without                                                               
workers' comp doing.                                                                                                            
                                                                                                                                
MR. SMITH  replied that some of  them are bending state  law, but                                                               
most are  scrambling to find the  resources to get back  into the                                                               
program. "A  number of the  communities have gotten to  the point                                                               
where there's not a lot of employees getting hurt."                                                                             
                                                                                                                                
2:49:29 PM                                                                                                                    
CHAIR  BUNDE reflected  that no  one  is happy  with the  current                                                               
situation and he hopes to find something to make it better.                                                                     
                                                                                                                                
COMMISSIONER  GREG O'CLARAY,  Department of  Labor and  Workforce                                                               
Development  (DOLWD),  thanked  the  chair for  having  hours  of                                                               
testimony on this issue.                                                                                                        
                                                                                                                                
CHAIR BUNDE  said he hoped to  have a CS next  week. He adjourned                                                               
the meeting at 2:52:16 PM.                                                                                                    

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