Legislature(2005 - 2006)BELTZ 211

02/23/2006 01:30 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 298 TRUSTS: CHALLENGES; CLAIMS; LIABILITIES TELECONFERENCED
Moved SB 298 Out of Committee
Bills Previously Heard/Scheduled
Including but Not Limited to:
+= SB 289 INSURANCE TELECONFERENCED
Moved CSSB 289(L&C) Out of Committee
                        SB 289-INSURANCE                                                                                    
                                                                                                                                
CHAIR CON BUNDE announced SB 289 to be up for consideration.                                                                    
                                                                                                                                
SENATOR BEN STEVENS moved to adopt Amendment 1 for discussion                                                                   
purposes. There were no objections and it was so ordered.                                                                       
                                                                                                                                
                          Amendment 1                                                                                       
                                                                                                                                
                             Offered by The Division of Insurance                                                               
TO: SB 289                                                                                                                      
                                                                                                                                
Pages 12 - 13                                                                                                                   
AS 21.07.080 is amended to read:                                                                                                
     *Sec. 15.a 21.07.080 IS AMENDED TO READ:                                                                                   
     Sec. 21.07.080. Religious non-medical providers. This                                                                      
chapter may not be construed to                                                                                                 
   (1) restrict or limit the right of a managed care entity to                                                                  
        include [HEALTH  CARE] services  provided by  a religious                                                               
        non-medical provider  as medical  [HEALTH] care  services                                                           
        covered by the managed care plan;                                                                                       
   (2) require a managed care entity, when determining coverage                                                                 
        for [HEALTH CARE] services  provided by a  religious non-                                                               
        medical provider, to                                                                                                    
        (A) apply medically based eligibility standards;                                                                        
        (B)  use health care providers  to determine access  by a                                                               
             covered person;                                                                                                    
        (C)  use health care providers in making a decision on an                                                               
             internal of external appeal; or                                                                                    
        (D)  require a covered person to be  examined by a health                                                               
             care provider as a condition of coverage; or                                                                       
                                                                                                                                
   (3) require a managed care plan to exclude coverage for                                                                      
        [HEALTH CARE]  services  provided  by  a  religious  non-                                                               
        medical  provider   because  the   religious  non-medical                                                               
        provider is not providing medical or  other data required                                                               
        from a health care provider if the  medical or other data                                                               
        is inconsistent with the  religious non-medical treatment                                                               
        or nursing care being provided.                                                                                         
                                                                                                                                
AS 21.07.250 is amended by adding a new paragraph to read:                                                                      
                                                                                                                                
     (18) "medical care" has the meaning given in AS                                                                            
21.90.900(30)                                                                                                                   
                                                                                                                                
AS 21.07.250(15) is amended to read:                                                                                            
     (15) "religious non-medical provider" means a person who                                                                   
[DOES NOT PROVIDE MEDICAL CARE,  BUT WHO] provides only religious                                                               
non-medical treatment or nursing care for an illness or injury;                                                                 
                                                                                                                                
LINDA  HALL,  Director,  Division  of  Insurance,  Department  of                                                               
Commerce,  Community &  Economic Development  (DCCED), said  that                                                               
Ms. Campbell,  DCCED Life and  Health Actuary, would  explain the                                                               
amendment.                                                                                                                      
                                                                                                                                
KATIE CAMPBELL,  Life and Health Actuary,  Division of Insurance,                                                               
Department   of  Commerce,   Community  &   Economic  Development                                                               
(DCCED), explained  that an issue  was raised about  changing the                                                               
term "health care services" to  "medical care services" and using                                                               
the term  "medical care" with  a religious  non-medical provider.                                                               
It was  really a  terminology issue.   She came  up with  an easy                                                               
solution  that  removed  the  offending   term  "medical"  in  AS                                                               
21.07.080  and  added  the  definition of  medical  care  to  the                                                               
definitions in  AS 21.07  (because that's the  term that  is used                                                               
throughout that  chapter). She also  clarified the  definition of                                                               
religious  non-medical provider  and  removed  the term  "medical                                                               
care" as well.                                                                                                                  
                                                                                                                                
CHAIR BUNDE asked  if it basically prevented the use  of a double                                                               
negative - "non-medical medical care".                                                                                          
                                                                                                                                
MS. CAMPBELL replied, "Exactly."                                                                                                
                                                                                                                                
1:36:44 PM recessed 2:00:01 PM                                                                                              
                                                                                                                                
CHAIR BUNDE  announced there  were no  objections to  Amendment 1                                                               
and it was adopted.                                                                                                             
                                                                                                                                
SENATOR SEEKINS moved  to pass CSSB 289(L&C)  from committee with                                                               
individual  recommendations and  attached  fiscal notes.  Senator                                                               
Seekins, Ben  Stevens and Chair  Bunde voted  yea; and it  was so                                                               
ordered.                                                                                                                        

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