Legislature(2021 - 2022)BELTZ 105 (TSBldg)

04/07/2021 01:30 PM Senate LABOR & COMMERCE

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Audio Topic
01:29:45 PM Start
01:30:54 PM Confirmation Hearing(s)
01:55:44 PM SB41
02:20:32 PM SB6
02:47:08 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: TELECONFERENCED
Board of Certified Direct-Entry Midwives
- Tanya Kirk, Hannah St. George
Board of Veterinary Examiners - Rachel Berngartt
Board of Pharmacy - Tammy Lindemuth
Occupational Safety & Health Review Board
- Vincent Perez
*+ SB 41 HEALTH INSURANCE INFO.; INCENTIVE PROGRAM TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ SB 6 RIP FOR PUBLIC EMPLOYEES/TEACHERS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ SB 26 REPEAL CERTIFICATE OF NEED PROGRAM TELECONFERENCED
Scheduled but Not Heard
<Pending Referral>
-- Invited & Public Testimony --
+ SB 93 HEALTH INS. ALL-PAYER CLAIMS DATABASE TELECONFERENCED
Scheduled but Not Heard
<Pending Referral>
-- Invited & Public Testimony --
+ SB 38 NATUROPATHS: LICENSING; PRACTICE TELECONFERENCED
Scheduled but Not Heard
<Pending Referral>
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
        SB 41-HEALTH INSURANCE INFO.; INCENTIVE PROGRAM                                                                     
                                                                                                                                
1:55:44 PM                                                                                                                    
CHAIR COSTELLO announced the consideration  of SENATE BILL NO. 41                                                               
"An   Act  relating   to  health   care  insurers;   relating  to                                                               
availability  of payment  information; relating  to an  incentive                                                               
program for  electing to  receive health  care services  for less                                                               
than the  average price  paid; relating  to filing  and reporting                                                               
requirements; relating  to municipal regulation of  disclosure of                                                               
health care services and price  information; and providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
1:56:13 PM                                                                                                                    
SENATOR  SHELLEY   HUGHES,  Alaska  State   Legislature,  Juneau,                                                               
Alaska, sponsor of SB 41,  introduced the legislation speaking to                                                               
the sponsor statement:                                                                                                          
                                                                                                                                
     Alaska's  health care  costs are  among the  highest in                                                                    
     the nation  and continue  to rise. Through  free market                                                                    
     principles, SB  41 will bend  the cost curve  down over                                                                    
     time  to help  relieve the  disproportionate burden  of                                                                    
     health care  costs on family budgets,  seniors on fixed                                                                    
     incomes and  employers providing insurance  coverage to                                                                    
     their employees.                                                                                                           
                                                                                                                                
     Senate  Bill   41  will   provide  Alaskans   with  the                                                                    
     information  they need  to plan  financially for  their                                                                    
     health care  decisions. The  bill requires  health care                                                                    
     provider  and   facilities  to  list   meaningful  cost                                                                    
     information online  and onsite. The bill  also requires                                                                    
     a health  care provider and insurance  company disclose                                                                    
     full cost information within five  days of request by a                                                                    
     patient  specific  to  their condition,  including  any                                                                    
     expected out of pocket costs.                                                                                              
                                                                                                                                
     The bill  also adds a mechanism  so insurance companies                                                                    
     will provide an  incentive a shared savings  check   to                                                                    
     policyholders  who choose  an  in-network provider  who                                                                    
     charges  below the  average in-network  cost. Employers                                                                    
     providing  insurance coverage  for employees  will also                                                                    
     be  eligible  for  some of  the  shared  savings.  This                                                                    
     approach  will  help  bring  down   the  high  cost  of                                                                    
     healthcare in  Alaska by encouraging consumers  to shop                                                                    
     and  providers  to   compete  for  Alaska's  healthcare                                                                    
     dollars.                                                                                                                   
                                                                                                                                
     Several  states have  either  passed  or are  currently                                                                    
     working  on healthcare  cost transparency  legislation.                                                                    
     SB  41 is  among the  most innovative  approaches as  a                                                                    
     result of  the incentive  provision and is  expected to                                                                    
     bend  the  cost  curve   more  effectively  than  other                                                                    
     efforts because of this.                                                                                                   
                                                                                                                                
     The  Alaska Health  Care Consumer's  Right to  Shop Act                                                                    
     will  empower Alaskans  with the  tools needed  to make                                                                    
     healthcare choices  that fit  their needs and  work for                                                                    
     their budgets  while introducing  a bit  of competition                                                                    
     into  the healthcare  market in  Alaska  to help  nudge                                                                    
     down the costs over time.                                                                                                  
                                                                                                                                
SENATOR  HUGHES explained  that somebody  who selects  a provider                                                               
who charges  less than the  average cost for that  procedure will                                                               
be able  to share  in the  savings. For  example, if  the average                                                               
cost  of a  procedure is  $14,000  and the  insured selected  the                                                               
provider who charged  $12,000 for the procedure  they would share                                                               
in  the $2,000  savings with  the employer  and the  insurer. The                                                               
bill allows the insured to receive  a minimum of one third of the                                                               
savings. Somebody  who does  not have  an employer  would receive                                                               
half of  the savings.  The idea  is to  provide an  incentive for                                                               
Alaskans  to think  about the  providers they  select. The  price                                                               
comparison tool will be an asset.                                                                                               
                                                                                                                                
2:03:27 PM                                                                                                                    
SENATOR GRAY-JACKSON  referred to  the example  and asked  if the                                                               
insured would pay $12,000.                                                                                                      
                                                                                                                                
SENATOR  HUGHES  answered   yes  if  the  insured   had  met  the                                                               
deductible.                                                                                                                     
                                                                                                                                
SENATOR HOLLAND expressed appreciation for the bill; it seems                                                                   
complicated but in essence is fairly simple.                                                                                    
                                                                                                                                
SENATOR HUGHES expressed appreciation  for Lori Wing-Heier's help                                                               
with the  bill. She  said there  is no silver  bullet, but  SB 41                                                               
will help loosen  free market principles and offer  help to nudge                                                               
prices down in the healthcare industry.                                                                                         
                                                                                                                                
2:05:49 PM                                                                                                                    
LISA HART, Staff, Senator Shelley Hughes, Alaska State                                                                          
Legislature, Juneau, Alaska, read the following text from the                                                                   
PowerPoint describing SB 41 into the record:                                                                                    
                                                                                                                                
     Alaska has the highest health  care costs per capita in                                                                    
     the entire United States.                                                                                                  
     The cost of  healthcare is eroding the  bottom line for                                                                    
     business owners    small, medium and  large. More money                                                                    
     that employers put into healthcare  means less money to                                                                    
     create more jobs.                                                                                                          
                                                                                                                                
     Observers   have  offered   several  explanations   for                                                                    
     Alaska's extra-high health care costs:                                                                                     
        • Limited competition among providers, especially                                                                       
          specialty physicians                                                                                                  
        • Particularly high compensation for providers,                                                                         
          specialty physicians who perform procedures (such                                                                     
          as   orthopedic   surgeons,   cardiologists,   and                                                                    
          neurosurgeons)                                                                                                        
        • Hospital profit margins in urban Alaska that are                                                                      
          higher than national averages                                                                                         
        • Regulation by the State of Alaska, particularly                                                                       
          the "80th percentile rule"                                                                                            
        • Absence  in   Anchoragethe     state's   largest                                                                      
          communityof public and/or teaching hospitals                                                                          
          that are open to all patients                                                                                         
                                                                                                                                
     Right to Shop empowers  patients by rewarding them when                                                                    
     they seek out high-value care.                                                                                             
                                                                                                                                
     It  is  pro-patient  as  it  lowers  healthcare  costs,                                                                    
     improves  patient  care, contains  out-of-pocket  costs                                                                    
     and increases patient access.                                                                                              
                                                                                                                                
     Prices  vary widely  in health  care. For  example, the                                                                    
     same x-ray  on the  same kind  of machine  in different                                                                    
     locations  can  vary in  price  from  a couple  hundred                                                                    
     dollars to  thousands. Surgery by  the same  doctor but                                                                    
     in different  facilities can range from  a few thousand                                                                    
     dollars to tens of thousands.                                                                                              
                                                                                                                                
2:08:01 PM                                                                                                                    
     How does Right to Shop work?                                                                                               
        1. A doctor recommends a medical service                                                                                
        2. Patients connect with their insurer by phone or                                                                      
          go on-line to find their best options                                                                                 
        3. Patients choose the best location at the best                                                                        
          value                                                                                                                 
        4. Patients have their procedure at the location of                                                                     
          their choice                                                                                                          
        5. Patients, employers and insurance companies share                                                                    
          in the savings                                                                                                        
                                                                                                                                
     The Transparency  in Coverage rule was  released by the                                                                    
     Trump administration in Oct 2020.                                                                                          
                                                                                                                                
     The rule  requires most group health  plans, and health                                                                    
     insurance  issuers in  both  the  group and  individual                                                                    
     market to  disclose price and  cost-sharing information                                                                    
     to participants, beneficiaries, and enrollees.                                                                             
                                                                                                                                
     Right now the requirements  are being finalized to give                                                                    
     consumers  real-time,  personalized   access  to  cost-                                                                    
     sharing  information, including  an  estimate of  their                                                                    
     cost-sharing  liability,  through   an  internet  based                                                                    
     self-service   tool,   essentially  an   online   price                                                                    
     comparison tool.  These tools  are being  developed now                                                                    
     with an expected launch date of January 2022.                                                                              
                                                                                                                                
     Some states  have initiated Right to  Shop programs for                                                                    
     state employee  health plans while others  have enacted                                                                    
     legislation  encouraging  private insurers  to  develop                                                                    
     shared savings incentive programs.                                                                                         
                                                                                                                                
     Florida, Maine, Nebraska,  Tennessee, Utah and Virginia                                                                    
     enacted  legislation requiring  or encouraging  private                                                                    
     health  plans to  initiate Right  to Shop  programs for                                                                    
     enrollees.                                                                                                                 
                                                                                                                                
     SB  41 is  among the  most innovative  approaches as  a                                                                    
     result of  the incentive  provision and is  expected to                                                                    
     more effectively bend the cost curve.                                                                                      
                                                                                                                                
       Right To Shop empowers patients with the knowledge                                                                       
      they need to make smart choices about how and where                                                                       
     they consume health care.                                                                                                  
                                                                                                                                
      They're given tools to find the best value providers                                                                      
     and, when they choose those options, they get a share                                                                      
     of the savings.                                                                                                            
                                                                                                                                
SENATOR HOLLAND  asked her  to repeat  which states  have enacted                                                               
similar legislation.                                                                                                            
                                                                                                                                
MS.  HART listed  Florida, Maine,  Nebraska, Tennessee,  Utah and                                                               
Virginia and clarified  they are in the  private insurance group,                                                               
not public employee.                                                                                                            
                                                                                                                                
SENATOR HOLLAND  asked if any  states have adopted  the incentive                                                               
provision.                                                                                                                      
                                                                                                                                
MS.  HARD replied  Maine  has enacted  this  legislation and  New                                                               
Hampshire  did  something  similar  for  public  employee  health                                                               
insurance programs.                                                                                                             
                                                                                                                                
CHAIR  COSTELLO   related  her  experience  that   it  is  almost                                                               
impossible  to  determine  the  cost of  a  procedure  until  the                                                               
billing  stage.  She  asked  if consumers  in  states  that  have                                                               
similar legislation have actually been able to shop.                                                                            
                                                                                                                                
SENATOR  HUGHES acknowledged  that  the final  cost might  differ                                                               
from the quote because there  could be complications. There would                                                               
be an  allowance for  that. She understood  that the  states that                                                               
have this legislation have a  provision for that and Alaska would                                                               
want that too. She acknowledged  that this makes it difficult for                                                               
insurers to develop the cost comparison tool.                                                                                   
                                                                                                                                
SENATOR HUGHES said  it is a little unique to  offer the employer                                                               
a share in  the savings, but the belief is  that it will motivate                                                               
employers to encourage their employees to shop.                                                                                 
                                                                                                                                
CHAIR COSTELLO invited Lori Wing-Heier to comment on the bill.                                                                  
                                                                                                                                
2:14:13 PM                                                                                                                    
LORI WING-HEIER,  Director, Division of Insurance,  Department of                                                               
Commerce, Community and  Economic Development (DCCED), Anchorage,                                                               
Alaska,  advised  that  she  and   the  sponsor  have  held  many                                                               
Microsoft Teams meetings  to give insurers access  to the sponsor                                                               
and the division  to address any concerns with the  bill. To that                                                               
end, Senator Hughes  has said she will look at  an effective date                                                               
so the tools the insurers need to  do for the federal bill can be                                                               
finished  and in  operation  when  SB 41  goes  into effect.  The                                                               
federal  tools  are   to  be  available  January   1,  2022,  but                                                               
colleagues in  Washington, DC have  indicated there is  a concern                                                               
about being  ready by that  date. She  described it as  a chicken                                                               
and  egg situation  because the  federal government  has to  tell                                                               
states  what  those tools  should  look  like  and that  has  not                                                               
happened. She said to have the  tools designed and working on all                                                               
Blue Cross systems, Moda, Aetna,  and UnitedHealthcare is a large                                                               
undertaking,  and it  is not  clear that  the federal  government                                                               
will make the January 1 date.                                                                                                   
                                                                                                                                
CHAIR  COSTELLO asked  if SB  41  is dependent  on the  all-payer                                                               
database (APCD) passing.                                                                                                        
                                                                                                                                
MS. WING-HEIER answered  no; they would piggyback  nicely but one                                                               
could pass without the other.                                                                                                   
                                                                                                                                
CHAIR COSTELLO  offered her understanding  that depending  on the                                                               
insurance coverage,  the price  of a  procedure differs  from one                                                               
consumer to the  next. Based on that assumption, she  asked if an                                                               
average cost is calculated by geographic region or statewide.                                                                   
                                                                                                                                
MS. WING-HEIER answered it is  both. When the division interacted                                                               
with the Centers  for Medicare and Medicaid on  the federal bill,                                                               
they submitted information by geographic  region because the cost                                                               
of  a procedure  differs  based  on where  it  is performed.  She                                                               
predicted  that  the ACPD  would  implement  a one-stop-shop  for                                                               
consumers to  look at  costs of  procedures, whereas  the federal                                                               
bill  would necessitate  looking to  each insurance  company. She                                                               
acknowledged that it  would be cumbersome for  families that have                                                               
coverage from more than one insurance company.                                                                                  
                                                                                                                                
CHAIR COSTELLO asked  if this would increase  costs for providers                                                               
for administration or data entry.                                                                                               
                                                                                                                                
MS. WING-HEIER answered no because  the insurers will provide the                                                               
database.                                                                                                                       
                                                                                                                                
CHAIR  COSTELLO asked  Emily Ricci  if the  administration had  a                                                               
position on SB 41.                                                                                                              
                                                                                                                                
2:18:18 PM                                                                                                                    
EMILY   RICCI,  Chief   Healthcare  Administrator,   Division  of                                                               
Retirement  and Benefits,  Department of  Administration, Juneau,                                                               
Alaska,  summarized  her understanding  of  SB  41 and  said  the                                                               
division  could  absorb  the  provisions  of  SB  41  into  their                                                               
standard  health  plan  programming  and  strategic  development,                                                               
should the bill pass.                                                                                                           
                                                                                                                                
2:19:21 PM                                                                                                                    
CHAIR  COSTELLO  stated   she  would  hold  SB   41  for  further                                                               
consideration.                                                                                                                  

Document Name Date/Time Subjects
SLAC GOV Appointee Tanya Kirk Board Application Redacted.pdf SL&C 4/7/2021 1:30:00 PM
SLAC GOV APPOINTEE CDEM TANYA KIRK
SLAC GOV Appointee Tanya Kirk Resume Redacted.pdf SL&C 4/7/2021 1:30:00 PM
SLAC GOV APPOINTEE CDEM TANYA KIRK
SLAC GOV Appointee Hannah St George Board Application Redacted.pdf SL&C 4/7/2021 1:30:00 PM
SLAC GOV APPOINTEE CDEM HANNAH ST GEORGE
SLAC GOV Appointee Rachel Berngartt Resume Redacted.pdf SL&C 4/7/2021 1:30:00 PM
SLAC GOV APPOINTEE VE RACHEL BERNGARTT
SLAC GOV Appointee Tammy Lindemuth Board Application Redacted.pdf SL&C 4/7/2021 1:30:00 PM
SLAC GOV APPOINTEE BP TAMMY LINDEMUTH
SLAC GOV Appointee Vincent Perez Resume Redacted.pdf SL&C 4/7/2021 1:30:00 PM
SLAC GOV APPOINTEE OSHR VINCENT PEREZ
SB 41 Sponsor Statement.pdf SL&C 4/7/2021 1:30:00 PM
SB 41
SB 41 Sectional Analysis Version A.pdf SL&C 4/7/2021 1:30:00 PM
SB 41
SB 41 Presentation 4.7.21.pdf SL&C 4/7/2021 1:30:00 PM
SB 41
SB 41 Letter of Comment Premera.pdf SL&C 4/7/2021 1:30:00 PM
SB 41
CSSB 6 (EDC) Sponsor Statement Version B.pdf SL&C 4/7/2021 1:30:00 PM
SB 6
CSSB 6 (EDC) Sectional Analysis Version B.pdf SL&C 4/7/2021 1:30:00 PM
SB 6
SB 6 Letter of Support Michael Ripke.pdf SL&C 4/7/2021 1:30:00 PM
SB 6