Legislature(2017 - 2018)BELTZ 105 (TSBldg)

03/08/2018 01:30 PM LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 157 LIFE & HEALTH INSURANCE GUARANTY ASSN. TELECONFERENCED
<Bill Hearing Canceled>
-- Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 205 TELECOMMUNICATIONS REGULATION/EXEMPTIONS TELECONFERENCED
Heard & Held
+= SB 62 REPEAL CERTIFICATE OF NEED PROGRAM TELECONFERENCED
Heard & Held
+= HB 86 STUDENT LOAN DEFAULT/OCC. LICENSE RENEWAL TELECONFERENCED
Moved HB 86 Out of Committee
+= SB 112 WORKERS COMPENSATION;DRUG DATABASE & TEST TELECONFERENCED
Heard & Held
        SB 112-WORKERS COMPENSATION;DRUG DATABASE & TEST                                                                    
                                                                                                                                
2:17:19 PM                                                                                                                    
CHAIR COSTELLO  announced the consideration  of SB 112  and noted                                                               
the proposed committee substitute (CS).                                                                                         
                                                                                                                                
2:17:43 PM                                                                                                                    
SENATOR MEYER  moved to  adopt the  work draft  CS for  SSSB 112,                                                               
version 30-LS0318\L, as the working document.                                                                                   
                                                                                                                                
CHAIR COSTELLO objected for discussion purposes.                                                                                
                                                                                                                                
2:18:06 PM                                                                                                                    
NATASHA  MCCLANAHAN,   Staff,  Senator  Costello,   Alaska  State                                                               
Legislature, Juneau, Alaska, reviewed  the following changes from                                                               
version R to version L of SB 112.                                                                                               
                                                                                                                                
     The following changes were  made based on conversations                                                                    
     with  stakeholders,  public  testimony at  the  initial                                                                    
     hearing before the Senate  Labor and Commerce Committee                                                                    
     and  based  on  conversations with  the  Department  of                                                                    
     Labor:                                                                                                                     
                                                                                                                                
        • The transferring of hearing duties  from Hearing                                                                      
          Officers   to   the   Office   of   Administrative                                                                    
          Hearings, Administrative Law Judges was removed.                                                                    
                                                                                                                                
        • The PDMP/Controlled   Substance  sections   were                                                                      
         revised to prevent possible HIPPA violations.                                                                          
                                                                                                                                
        • Changes to the  Workers Comp  Board  composition                                                                      
          have been removed.                                                                                                    
                                                                                                                                
        • Permanent Total Disability  benefit  termination                                                                      
          has been removed.                                                                                                     
                                                                                                                                
        • Permanent Partial Impairment benefit termination                                                                      
          and lump sum payment have been removed.                                                                               
                                                                                                                                
        • Temporary Total Disability benefit termination at                                                                     
          104 weeks has been removed.                                                                                           
                                                                                                                                
        • The repeal and   reenacting  of  the  vocational                                                                      
          rehabilitation program to a voucher system has                                                                        
          been removed.                                                                                                         
                                                                                                                                
        • Reference to an employer choosing a physician has                                                                     
          been removed.                                                                                                         
                                                                                                                                
        • Reporting duties of the Medical  Services Review                                                                      
          Committee have been removed.                                                                                          
                                                                                                                                
2:19:30 PM                                                                                                                    
KARI NORE, Staff, Senator Cathy Giessel, Alaska State                                                                           
Legislature, Juneau, Alaska, delivered the following sectional                                                                  
analysis for version L of SB 112 on behalf of the sponsor:                                                                      
                                                                                                                              
     Section  1:  Amends  AS  23.10.620   by  adding  a  new                                                                  
     subsection to allow an employer  to require an employee                                                                    
     to  undergo  drug  testing if  the  employee  has  been                                                                    
     prescribed a controlled substance under AS 23.30.096.                                                                      
                                                                                                                                
     Section  2: Repeals  and  reenacts  AS 23.30.010(a)  to                                                                  
     provide that  a compensable injury must  be established                                                                    
     using relevant  objective medical evidence and  must be                                                                    
     the   major  contributing   cause   of  any   resulting                                                                    
     condition, disability,  or need for  medical treatment.                                                                    
     Provides that  subjective complaints must  be confirmed                                                                    
     by physical examination or diagnostic testing.                                                                             
                                                                                                                                
2:20:37 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:20:55 PM                                                                                                                    
CHAIR COSTELLO reconvened the meeting.                                                                                          
                                                                                                                                
2:21:05 PM                                                                                                                    
MS. NORE continued the sectional analysis for SB 112, version L.                                                                
                                                                                                                                
     Section 3:  Amends AS 23.30.095(a) to  require that the                                                                  
     employer furnish  medical treatment in  accordance with                                                                    
     evidence-based  treatment  guidelines. Allows  employer                                                                    
     or  insurer  to request  a  third  party to  conduct  a                                                                    
     utilization  review for  treatment recommended  outside                                                                    
     of  the evidence-based  treatment guidelines.  Provides                                                                    
     that  if medical  treatment  is  recommended two  years                                                                    
     after  the date  of  injury, the  employee  may not  be                                                                    
     afforded  the presumption  of  compensability but  that                                                                    
     the injured will have a right to review by the board.                                                                      
                                                                                                                                
     Section  4:   Amends  AS  23.30.095(d)  to   allow  for                                                                  
     suspension of  compensation for refusal  of appropriate                                                                    
     diagnostic tests.                                                                                                          
                                                                                                                                
     Section  5:  Amends  AS  23.30.095(e)  to  require,  in                                                                  
     certain circumstances,  submission to examination  by a                                                                    
     mental health provider.                                                                                                    
                                                                                                                                
     Section   6:   Amends   AS  23.30.095(o)   to   require                                                                  
     palliative   care  after   medical   stability  to   be                                                                    
     consistent with evidence-based treatment guidelines.                                                                       
                                                                                                                                
     Section   7:  Amends   AS  23.30.095   by  adding   new                                                                  
     subsections  relating to  payment  for durable  medical                                                                    
     equipment,  prosthetics,  orthotics   or  supplies  and                                                                    
     prescription drugs.                                                                                                        
                                                                                                                                
     Section  8:  Amends AS  23.30  by  adding AS  23.30.096                                                                  
     relating  to   prescribing  or   dispensing  controlled                                                                    
     substances to employees.                                                                                                   
                                                                                                                                
     Section  9:  Amends  AS   23.30.097(d)  to  state  that                                                                  
     payment for  medical treatment  is not  due immediately                                                                    
     or  on demand,  it  is  due within  30  days after  the                                                                    
     employer receives  the provider's bill and  a completed                                                                    
     report.                                                                                                                    
                                                                                                                                
     Section  10:  Amends AS  23.30.097(g)  to  add that  an                                                                  
     employer  shall  reimburse an  employee's  prescription                                                                    
     charges within 30 days after  the employer receives the                                                                    
     employee's request for reimbursement.                                                                                      
                                                                                                                                
     Section 11: Amends AS 23.30.105(a)  to replace the term                                                                  
     disability.                                                                                                                
                                                                                                                                
     Section  12:   Amends  AS  23.30.107(b)  to   remove  a                                                                  
     reference  related to  the  Second Independent  Medical                                                                    
     Exam.                                                                                                                      
                                                                                                                                
     Section  13:  Amends  AS   23.30.110(e)  to  allow  for                                                                  
     electronic  submission of  the acceptance  or rejection                                                                    
     of a claims.                                                                                                               
                                                                                                                                
     Section 14:  Amends AS 23.30.120(a) to  require that an                                                                  
     employee   establish   a   preliminary   link   between                                                                    
     employment  and  resulting  condition,  disability,  or                                                                    
     need for  medical treatment through  objective relevant                                                                    
     medical    evidence   before    being   afforded    the                                                                    
     presumptions listed in that subsection.                                                                                    
                                                                                                                                
     Section  15:   Amends  AS   23.30.120  by   adding  new                                                                  
     subsections  relating to  establishing the  preliminary                                                                    
     link and presumption under AS 23.30.120(a).                                                                                
                                                                                                                                
     Section  16:   Amends  AS   23.30.122  by   adding  new                                                                  
     subsections   relating  to   medical  expert   and  lay                                                                    
     testimony.                                                                                                                 
                                                                                                                                
     Section   17:  Repeals   and   reenacts  AS   23.30.145                                                                  
     governing the award and payment of attorney fees.                                                                          
                                                                                                                                
     Section  18:  Amends  AS  23.30.155(m)  to  repeal  the                                                                  
     $1,000  civil   penalty  when   an  annual   report  is                                                                    
     incomplete when filed.                                                                                                     
                                                                                                                                
     Section  19:  Amends  AS   23.30.230(a)  to  provide  a                                                                  
     definition of "independent contractor."                                                                                    
                                                                                                                                
     Sections 20-21:  Amend the definitions of  "arising out                                                                  
     of  and in  the  course of  employment" and  "attending                                                                    
     physician."                                                                                                                
                                                                                                                                
     Section  22: Repeals  AS  23.30.095(k)  (relating to  a                                                                  
     second  independent  medical evaluation),  23.30.110(g)                                                                    
     (relating  to submission  to  a physical  examination),                                                                    
     23.30.135(a) (relating to  procedure before the board),                                                                    
     23.30.155(h) (relating to the board's authority).                                                                          
                                                                                                                                
     Section  23:  Adds   an  applicability  provision  that                                                                  
     states that secs.  2-22 of the Act apply  to claims for                                                                    
     injuries  filed  on or  after  the  effective dates  of                                                                    
     those sections.                                                                                                            
                                                                                                                                
2:25:29 PM                                                                                                                    
CHAIR  COSTELLO stated  her intention  to hold  the bill  to give                                                               
members a chance to review it.  She asked the members to send any                                                               
questions  to her  aide, Natasha  McClanahan, and  they would  be                                                               
forwarded  to Senator  Giessel. She  asked  Ms. Nore  if she  had                                                               
anything to add.                                                                                                                
                                                                                                                                
MS. NORE  advised that  the committee  substitute was  drafted in                                                               
response  to the  public  testimony and  the  concerns that  were                                                               
voiced.                                                                                                                         
                                                                                                                                
2:26:18 PM                                                                                                                    
CHAIR COSTELLO removed  her objection and version  L was adopted.                                                               
[SB 112 was held in committee with public testimony closed.]                                                                    

Document Name Date/Time Subjects
SB 205 Ver. D.pdf SL&C 3/8/2018 1:30:00 PM
SB 205
SB 205 Sectional Analysis CS (LC) 3.8.18.pdf SL&C 3/8/2018 1:30:00 PM
SB 205
SB 205 ATA Letter to RCA.pdf SL&C 3/8/2018 1:30:00 PM
SB 205
CS SB 205 (L&C) Explanation of Changes Ver. A to D.pdf SL&C 3/8/2018 1:30:00 PM
SB 205
SB 62 Ver. D.pdf SL&C 3/8/2018 1:30:00 PM
SB 62
CS SB62 Explanation of Changes Ver. A to D.pdf SL&C 3/8/2018 1:30:00 PM
SB 62
SB 62 - DHSS Response to S LC.pdf SL&C 3/8/2018 1:30:00 PM
SB 62
SB 112 CS Draft version L.PDF SL&C 3/8/2018 1:30:00 PM
SB 112
CS SB112 (L&C ) Explanation of Changes Ver. R to L.pdf SL&C 3/8/2018 1:30:00 PM
SB 112
SB 112 Sectional version L.PDF SL&C 3/8/2018 1:30:00 PM
SB 112
SB 112 Quick Ref version L.PDF SL&C 3/8/2018 1:30:00 PM
SB 112
SB 112 Quick Ref version R revisions to L.PDF SL&C 3/8/2018 1:30:00 PM
SB 112
Support SB 112 - Samson Tug and Barge 03.07.18.pdf SL&C 3/8/2018 1:30:00 PM
SB 112
03.19.2018 AFL-CIO Letter of opposition SSSB 112.pdf SL&C 3/8/2018 1:30:00 PM
SB 112