Legislature(2013 - 2014)ANCH LIO Rm 220

06/25/2013 10:00 AM House ADMINISTRATIVE REGULATION REVIEW


Download Mp3. <- Right click and save file as

Audio Topic
10:04:10 AM Start
10:07:10 AM Impacts of the Affordable Care Act on Alaska
12:37:48 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference --
10:00 a.m. - 1:00 p.m.
Impacts of the Affordable Care Act (Obamacare)
on Alaska
- Presentations by various contributors
                    ALASKA STATE LEGISLATURE                                                                                  
           ADMINISTRATIVE REGULATION REVIEW COMMITTEE                                                                         
                       Anchorage, Alaska                                                                                        
                         June 25, 2013                                                                                          
                           10:04 a.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Lora Reinbold, Chair                                                                                             
Senator Cathy Giessel, Vice Chair                                                                                               
Representative Geran Tarr                                                                                                       
Senator Hollis French                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Mike Hawker                                                                                                      
Senator Gary Stevens                                                                                                            
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                              
Representative Shelley Hughes (via teleconference)                                                                              
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
IMPACTS OF THE AFFORDABLE CARE ACT ON ALASKA                                                                                    
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DEBORAH ERICKSON, Executive Director                                                                                            
Alaska Health Care Commission                                                                                                   
Department of Health and Social Services (DHSS)                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Presented during the discussion of the                                                                   
Impacts of the Affordable Care Act on Alaska.                                                                                   
                                                                                                                                
SENATOR FRED DYSON                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Asked questions during the presentation on                                                               
the Impacts of the Affordable Care Act on Alaska                                                                                
                                                                                                                                
REPRESENTATIVE WES KELLER                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:     Testified  during  the   presentation  on                                                            
Impacts of the Affordable Care Act  on Alaska.                                                                                  
                                                                                                                                
BRET KOLB, Director                                                                                                             
Division of Insurance (DOI); Anchorage  Office                                                                                  
Department of Commerce, Community & Economic Development (DCCED)                                                                
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Presented  during the  discussion  of  the                                                            
Impacts of the Affordable Care Act  on Alaska.                                                                                  
                                                                                                                                
REPRESENTATIVE KURT OLSON                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    Testified  during the  discussion  of  the                                                            
Impacts of the Affordable Care Act  on Alaska.                                                                                  
                                                                                                                                
JEFF DAVIS, President                                                                                                           
Premera Blue Cross, Blue Shield of Alaska                                                                                       
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Presented  during the  discussion  of  the                                                            
Impacts of the Affordable Care Act  on Alaska.                                                                                  
                                                                                                                                
ILONA FARR, M.D.                                                                                                                
Alaska Family Medical Care                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:    Testified  during the  discussion  of  the                                                            
Impacts of the Affordable Care Act  on Alaska.                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
10:04:10 AM                                                                                                                   
                                                                                                                                
CHAIR LORA  REINBOLD called  the Administrative Regulation  Review                                                            
Committee meeting  to order  at 10:04  a.m.  Representatives  Tarr                                                              
and Reinbold and  Senators French and Giessel were  present at the                                                              
call  to order.   Also  in attendance  was Representative  Shelley                                                              
Hughes (via teleconference).                                                                                                    
                                                                                                                                
^Impacts of the Affordable Care  Act on Alaska                                                                                  
          Impacts of the Affordable Care Act on Alaska                                                                      
                                                                                                                              
10:07:10 AM                                                                                                                   
                                                                                                                                
CHAIR REINBOLD  announced that  the only  order of business  would                                                              
be a presentation  regarding the  impact on Alaska of  the federal                                                              
Patient Protection  and Affordable  Care  Act (PPAACA) also  known                                                              
as the Affordable Care Act (ACA).                                                                                               
                                                                                                                                
10:08:20 AM                                                                                                                   
                                                                                                                                
DEBORAH   ERICKSON,  Executive   Director,   Alaska  Health   Care                                                              
Commission,  Department  of  Health and  Social  Services  (DHSS),                                                              
offered  to explain  key  provisions of  the  Affordable Care  Act                                                              
(ACA), briefly outline  the ACA's projected impact  on Alaska, and                                                              
to  address the  legal  challenges  and political  realities  with                                                              
respect  to implementing  the act  on both the  state and  federal                                                              
levels [slide  2].   She explained  that the ACA  is based  on two                                                              
federal  laws  with  several  amendments.    The  ACA's  structure                                                              
consists of  10 titles,  although most of  the media  coverage has                                                              
been focused on  health insurance system changes [slide  3].  It's                                                              
important  to note  that numerous  provisions in  the Act  address                                                              
many other  aspects of the  healthcare delivery system,  including                                                              
workforce  development, prevention  and public  health, and  fraud                                                              
and abuse.                                                                                                                      
                                                                                                                                
MS. ERICKSON stated  the main goal of the federal  law is to drive                                                              
or  address increased  health  insurance  coverage for  Americans.                                                              
The federal  law attempts  to provide  insurance coverage  through                                                              
various strategies,  including provisions that reform  the way the                                                              
insurance market  operates, such  that individuals and  businesses                                                              
must carry or offer  health insurance or pay a  penalty [slide 4].                                                              
The ACA  also has created  a health  insurance exchange,  which is                                                              
referred to  as the health  insurance "marketplace."   The federal                                                              
law was  intended to  require states  to expand their  eligibility                                                              
for Medicaid programs,  which is now an option.   She acknowledged                                                              
that her  presentation would  be "a  mile wide  and an  inch deep"                                                              
since  there is  significant  ground  to cover.    She offered  to                                                              
provide information  on some new  rules for the private  insurance                                                              
market, including  that there  is now  a prohibition on  excluding                                                              
certain  preexisting  conditions  [slide  5].    For  example,  if                                                              
someone with diabetes  applied for an insurance  plan, that person                                                              
may  previously  have been  prohibited  from participating  in  an                                                              
insurance plan;  however, under the ACA, insurance  companies have                                                              
been   prohibited  from   excluding   patients  with   preexisting                                                              
conditions soon after  the law passed in 2010.   Additionally, she                                                              
indicated this  prohibition will take  effect in 2014  for adults.                                                              
The  ACA  also contains  significant  restrictions  regarding  the                                                              
proportion of premium  dollars insurance companies  are allowed to                                                              
spend  on costs  other  than medical  claims.    Further, the  ACA                                                              
provides  new rules  with respect  to how premium  rates are  set.                                                              
Additionally,  some changes are  not really  reforms, but  are new                                                              
programs   or  additional   activities  related   to  the   health                                                              
insurance  market.   For  example,  a temporary  high-risk  health                                                              
insurance  pool has  been created  for adults,  which is meant  to                                                              
bridge the  period from  2010 -  when the law  passed -  and 2014,                                                              
when the  prohibition on preexisting  exclusions will  take effect                                                              
[slide 6].                                                                                                                      
                                                                                                                                
10:13:26 AM                                                                                                                   
                                                                                                                                
MS. ERICKSON  said the  ACA created  new non-profit  organizations                                                              
supported by  loans and grants  from the federal  government meant                                                              
to be consumer-operated  plans, which essentially  will create new                                                              
insurance  plans  for states.    Additionally, the  ACA  insurance                                                              
market  reforms  include  multi-state   health  plans  and  health                                                              
choice compacts  for state insurance commissioners  to work across                                                              
state  lines.    These  compacts   will  essentially  equalize  or                                                              
"share" regulations  and facilitate  cross-state insurance  plans.                                                              
In  addition,  funds  have  been  made  available  for  states  to                                                              
increase  their  capacity  to  review  health  plan  premiums  and                                                              
provide  state  consumer-assistance   programs.    She  turned  to                                                              
individual mandates,  which require  individuals to either  have a                                                              
qualified health plan  or pay a penalty [slide 7].   She indicated                                                              
this  requirement is  scheduled to  take effect  in January  2014,                                                              
with a penalty for  those who do not have a  qualified health plan                                                              
of $95  per year, per  individual, or 1  percent of  the household                                                              
income, whichever  is greater.   She advised members that  the tax                                                              
penalty  will  be phased-up  until  2016  at  $695 per  year,  per                                                              
person,  or 2.5 percent  of the  household income.   She  reported                                                              
that after 2016, the amount will be adjusted based on inflation.                                                                
                                                                                                                                
MS.  ERICKSON outlined  exemptions  for the  individual  insurance                                                              
mandate, including  financial hardship, religion,  American Indian                                                              
and Alaska  Natives, or those who  can prove that the  lowest cost                                                              
option will  be greater  than 8 percent  of their family's  income                                                              
[slide 7].   She turned  to individual  subsidies, which  for low-                                                              
income individuals  come in  the form of  both premium  support or                                                              
advance tax  credits made available  through the  health insurance                                                              
exchange  or  marketplace [slide  8].    These tax  credits  would                                                              
apply  to individuals  with incomes  between 133  percent and  400                                                              
percent of the  federal poverty level.  She directed  attention to                                                              
the  2013  Federal  Poverty Level  (FPL)  guidelines  for  Alaska,                                                              
noting  that Alaska  and  Hawaii have  higher  thresholds for  the                                                              
federal poverty level than most other states.                                                                                   
                                                                                                                                
10:16:30 AM                                                                                                                   
                                                                                                                                
MS.  ERICKSON  pointed  out  that to  qualify  for  an  individual                                                              
premium an  employee must  be an  employee of  a firm that  offers                                                              
minimal  essential   coverage  -   deemed  to  meet   the  federal                                                              
threshold -  such that  the employee's share  does not  exceed 9.5                                                              
percent  of  their income.    If  an  employee  has an  option  to                                                              
purchase  a qualified  health plan  from his/her  employer and  it                                                              
meets  the other  [ACA]  conditions, then  the  employee will  not                                                              
qualify for an FPL  premium through the exchange.   She noted that                                                              
subsidies  are provided  on  a sliding  scale  based upon  income,                                                              
which  would   mean  the   level  of   subsidy  eligibility   that                                                              
individuals  and families  qualify  for is  based  on an  economic                                                              
sliding scale.   Of course, those  at a higher level  will receive                                                              
fewer  funds.   Furthermore,  she  said  that  the amount  of  the                                                              
subsidy  will be  capped  based on  the  second lowest-level  cost                                                              
plan at  the "silver  level."   The plan  caps the maximum  amount                                                              
based on  actuarial values  at different  levels, such  as bronze,                                                              
silver, and gold with 60 percent being the lowest level.                                                                        
                                                                                                                                
10:18:26 AM                                                                                                                   
                                                                                                                                
MS. ERICKSON turned  to employer mandates and subsidies,  and with                                                              
regard  to requirements,  explained  that  businesses  with 50  or                                                              
more  full-time  equivalent  employees  are  required  to  provide                                                              
minimal coverage  or be subject to  a tax penalty [slide  9].  She                                                              
said  it's important  to  understand that  under  this mandate  an                                                              
employer  would only  be required  to pay  the penalty  if one  of                                                              
their  employees receives  a subsidy  through the  exchange.   The                                                              
penalties  will differ depending  on whether  the employer  offers                                                              
coverage, but  an employee qualifies  for a subsidy -  and obtains                                                              
a subsidy - through  the exchange.  She directed  attention to the                                                              
example  on the  slide  that indicates  if  an  employer does  not                                                              
offer coverage, the  employer would be required to  pay $2,000 per                                                              
full-time  equivalent (FTE),  with  the first  30 FTE's  excluded.                                                              
For example,  an employer with 100  FTE's that met  this condition                                                              
would pay -  with 30 exclusions  - $140,000 in tax penalties.   In                                                              
the  event  an  employer  offers coverage  but  an  employee  does                                                              
qualify for a  subsidy through the exchange the  payment structure                                                              
would  differ,   with  the  penalty   at  $3,000   per  subsidized                                                              
employee,  which is  capped at the  higher level,  as outlined  in                                                              
committee members' handouts.                                                                                                    
                                                                                                                                
MS. ERICKSON noted  that very small employers are  able to qualify                                                              
for a  tax credit if  they provide  coverage for their  employees.                                                              
Beginning  in  2014,  businesses  with  25  or  fewer  FTEs,  with                                                              
average annual  wages of $50,000 or  less would be eligible  for a                                                              
tax credit of up  to 50 percent of the employer's  contribution to                                                              
the  employees' premiums.   The  health  insurance exchange  would                                                              
create electronic  marketplaces for purchasing insurance  in every                                                              
state  [slide 10].    Thus, each  of  the 50  states  must have  a                                                              
health  insurance   marketplace.    The  ACA   initially  provided                                                              
funding  for state  governments  to create  their own  state-based                                                              
exchanges with provisions  to allow states to partner  to create a                                                              
multi-state  exchange; however,  there  was also  a provision  for                                                              
states  to  opt-out  of establishing  their  own  exchanges.    In                                                              
instances  in  which states  opted  out,  the U.S.  Department  of                                                              
Health and  Human Services (USDHSS)  would create an  exchange for                                                              
them.                                                                                                                           
                                                                                                                                
10:21:40 AM                                                                                                                   
                                                                                                                                
MS. ERICKSON  reported enrollment will  begin on October  1, 2013,                                                              
and  changes  will  take  effect for  health  plan  benefit  years                                                              
beginning  January 1,  2014.   Again, beginning  October 1,  2013,                                                              
people  can begin  enrolling in  health plans  in each  of the  50                                                              
states.   Also important  to keep  in mind  is that the  threshold                                                              
differs depending  on the provisions.   For example,  the employer                                                              
requirement threshold  to provide  employee health benefits  is 50                                                              
FTE employees,  but the  threshold for  employers receiving  a tax                                                              
credit is  25 employees  and the threshold  to participate  in the                                                              
initial  health  exchange  is  based on  100  employees  or  less.                                                              
Therefore,  firms  with  more  than 100  employees  would  not  be                                                              
eligible to purchase  insurance through the exchange  or offer the                                                              
insurance to their  employees until 2017.  Beginning  in 2017, any                                                              
size  employer   would  be  able  to  participate   in  purchasing                                                              
insurance through the electronic marketplace.                                                                                   
                                                                                                                                
MS.  ERICKSON  also pointed  out  that  the federal  law  requires                                                              
health  insurance exchanges  to be  self-sustaining by  2015.   In                                                              
the  first  year   the  federal  government  will   be  supporting                                                              
implementation of  the exchanges, but  starting in 2015  the self-                                                              
sustainability  requirement will  begin.   For  example, in  2015,                                                              
the  health insurance  exchange  might  need to  charge  insurance                                                              
plans a fee to participate or to charge consumers to purchase.                                                                  
                                                                                                                                
10:24:17 AM                                                                                                                   
                                                                                                                                
MS.  ERICKSON   highlighted  that   the  Medicaid  expansion   was                                                              
initially  intended  as a  requirement  for state  governments  to                                                              
expand eligibility  for everyone up to 133 percent  of the federal                                                              
poverty  level  (FPL)  [slide  11].     However,  various  reports                                                              
describe the  eligibility level  at 138 percent  of the FPL.   She                                                              
explained  one requirement  for  determining  eligibility is  that                                                              
states must  apply a 5 percent  income disregard  when determining                                                              
eligibility, effectively  rendering the threshold at  138 percent.                                                              
Also,  until 2017,  the  federal government  will  fully fund  the                                                              
state's portion,  at which time  the state's share will  phase in,                                                              
which she believed  would be at  2 percent and reach a  maximum of                                                              
10 percent by 2020.                                                                                                             
                                                                                                                                
MS.  ERICKSON  assumed members  knew  that  a  year ago  the  U.S.                                                              
Supreme Court  ruled it  was overly  coercive on  the part  of the                                                              
federal  government  to  require  states  to  participate  in  the                                                              
expansion  as  a  condition  of  continuing  the  entire  Medicaid                                                              
program.  Therefore,  it's now optional for states  to participate                                                              
in the  Medicaid expansion.   Since  that ruling, U.S.  Department                                                              
of  Health  and  Human Services  (U.S.  DHHS)  Secretary  Kathleen                                                              
Sebelius has issued  guidelines to state Medicaid  programs.  Some                                                              
states  are  testing   the  flexibility  of  the   law,  including                                                              
requesting 100  percent expansions,  which Secretary  Sebelius has                                                              
indicated  would  not  be permitted;  however,  the  deadline  for                                                              
states to make  expansion decisions has not yet  been established.                                                              
Furthermore,  U.S.  DHHS  Secretary   Sebelius  noted  one  option                                                              
states will  have will  be to discontinue  the Medicaid  expansion                                                              
at a later date.                                                                                                                
                                                                                                                                
10:26:45 AM                                                                                                                   
                                                                                                                                
MS.  ERICKSON  pointed out  a  couple  of  key points  related  to                                                              
changes  to  Medicaid,   which  are  not  tied   to  the  Medicaid                                                              
expansion, including  changes for eligibility determinations.   In                                                              
2014,  regardless  of whether  the  states expand  their  Medicaid                                                              
programs, there  will be a  significant change in  the methodology                                                              
for  determining  program  eligibility   and  all  state  Medicaid                                                              
programs    will   be   required    to   coordinate    eligibility                                                              
determination  with  the  health insurance  exchange  through  the                                                              
marketplace.                                                                                                                    
                                                                                                                                
10:27:34 AM                                                                                                                   
                                                                                                                                
MS.   ERICKSON,  moving   beyond  changes   to  health   insurance                                                              
coverage, offered  to cover other  provisions of the ACA  that are                                                              
intended  to  change the  way  healthcare  is paid  and  delivered                                                              
[slide  12].   Referring  to  [slide  12],  she indicated  that  a                                                              
series  of  provisions  have  been  made  to  change  payment  for                                                              
healthcare  away from  a fee  for  service model  to other  models                                                              
that focus on outcomes  and the value of healthcare.   She pointed                                                              
out  a number  of demonstration  pilot  programs are  specifically                                                              
authorized in the  federal law.  Additionally,  the federal Center                                                              
for  Medicare  and  Medicaid  Innovation  in  the  U.S.  DHHS  was                                                              
created  to  implement  the  federal goal  of  how  healthcare  is                                                              
provided.  This  means some new programs will  be implemented that                                                              
were  not specifically  authorized  under  the  ACA to  reach  the                                                              
federal goal.                                                                                                                   
                                                                                                                                
MS. ERICKSON said  most of the programs listed  provide additional                                                              
payments, such as  the Federally Qualified Health  Center Advanced                                                              
Primary   Care   Provider  Demonstration   project,   noting   the                                                              
Anchorage  Neighborhood  Health Center  is  participating in  that                                                              
program.   She  highlighted that  these services  are intended  to                                                              
fund support for  patient-centered medical homes  or more advanced                                                              
primary  care  service  delivery   for  Medicare  patients  served                                                              
through  federally-qualified  health  centers.   Additionally,  in                                                              
2012,  provisions   affecting  hospitals   include  the   Medicare                                                              
hospital   readmission   reduction    program,   which   penalizes                                                              
hospitals  for  exceeding  a  certain  threshold  for  readmission                                                              
within  30 days  of patient  service  by reducing  their level  of                                                              
Medicare payments.   Another  provision took  effect in  2012 that                                                              
will  tie payment  levels  to  hospitals meeting  certain  quality                                                              
metrics.    In 2011,  one  provision  became effective  that  will                                                              
prohibit payments  for services provided in  healthcare facilities                                                              
for  conditions  required  as a  result  of  the treatment.    For                                                              
example, when  someone is hospitalized  for a procedure  and later                                                              
contracts an  infection as a result  of the procedure,  the Center                                                              
for Medicare  and Medicaid  Innovation will  prohibit payment  for                                                              
the services required to treat the infection.                                                                                   
                                                                                                                                
10:32:05 AM                                                                                                                   
                                                                                                                                
MS.  ERICKSON turned  to other  key  provisions [slide  13].   She                                                              
explained  that  32  provisions  address fraud  prevention.    For                                                              
example,  the  Medicare  Recovery Audit  Control  Program  (RACP),                                                              
which  currently contracts  with auditors  to audit  organizations                                                              
to  recover  payments  that were  made  inappropriately,  will  be                                                              
expanded  to state  Medicaid programs.    Additionally, all  state                                                              
Medicaid programs  are currently  implementing the recovery  audit                                                              
programs,  as well.    Also, a  number of  programs,  such as  the                                                              
emergency medical services  for children - in effect  for 20 years                                                              
- have  been  reauthorized and  funded under  the ACA.   Thus,  an                                                              
entire  title   specifically  addresses   prevention   and  public                                                              
health.   While  some programs  have  been in  existence, the  ACA                                                              
also creates a  new prevention and public health  fund intended to                                                              
fund public  health and  prevention programs.   Another  title has                                                              
been  devoted  to workplace  development;  however,  little  funds                                                              
were  appropriated   to  implement  the  program,   although  some                                                              
components were  funded.  In  Alaska, for example,  the Department                                                              
of Labor  & Workforce  Development (DLWD)  received a  small grant                                                              
several  years ago  to develop  a  statewide healthcare  workforce                                                              
development  plan.    The program  collaborated  with  the  Alaska                                                              
Health Workforce  Coalition to develop a plan  using funding under                                                              
this  provision.   She  stated  that  the Alaska  National  Health                                                              
Service Corps  was significantly  expanded, which has  resulted in                                                              
an increase in personnel serving in underserved sites in Alaska.                                                                
                                                                                                                                
10:34:36 AM                                                                                                                   
                                                                                                                                
MS.   ERICKSON   pointed  out   an   expansion  of   the   federal                                                              
government's role  in implementing  protections for  seniors, such                                                              
that the  Elder Justice  Act was  authorized under  the ACA.   She                                                              
mentioned  that  the  Indian  Health   Care  Improvement  Act  was                                                              
reauthorized, plus  it has been  permanently authorized  under the                                                              
ACA, thereby significantly  impacting the tribal  health system in                                                              
rural Alaska.   Further, the  ACA has instituted  a number  of new                                                              
Internal  Revenue Service  (IRS)  requirements  for providers  and                                                              
hospitals.  For  example, nonprofit hospitals will  be required to                                                              
conduct community  health needs assessments every  three years and                                                              
must  create an  organizational  strategic  plan  based upon  that                                                              
assessment.                                                                                                                     
                                                                                                                                
MS. ERICKSON  explained that a  number of provisions  are designed                                                              
to  address  increased  home  and   community-based  services  and                                                              
supports  for  long-term  care,   which  is  being  done  to  help                                                              
facilitate  a move  away from  facility-based  nursing home  care.                                                              
Referring to her  presentation, she mentioned an  entire title has                                                              
been devoted  to identify and create  new revenue streams  to help                                                              
the  ACA  support  itself,  as well  as  to  identify  other  cost                                                              
savings [slide  14].  The  Congressional Budget Office  determined                                                              
that  the overall  effect of  the ACA  will be  a budgetary  cost-                                                              
savings.    In  this  regard,  a  series  of  new  taxes  will  be                                                              
implemented,  including a new  sales tax on  indoor tanning  and a                                                              
"Cadillac"  tax, which  will apply  to "very  rich" health  plans.                                                              
Additionally,   some  of   the  payment   reforms  will   lead  to                                                              
reductions  for Medicare budget  and other  federal program.   She                                                              
pointed  to a  list of  fees and  taxes scheduled  to take  effect                                                              
under Title 9 of the Act [slide 15].                                                                                            
                                                                                                                                
MS. ERICKSON  stated that  the Health  Care Commission  contracted                                                              
with the University  of Alaska's Institute of Social  and Economic                                                              
Research (UAA-ISER)  after the law  passed to obtain  a high-level                                                              
assessment of  the overall impact  of the ACA, which  predates the                                                              
U.S.  Supreme  Court  ruling and  assumes  a  Medicaid  expansion;                                                              
however,  it  does  analyze  how   healthcare  spending  might  be                                                              
expected  to change  [slide 16].   The ISER  estimated the  impact                                                              
would be  an increase  in overall  spending in  the state  by $289                                                              
million,  assuming  that  Medicaid   expansion.    The  ISER  also                                                              
estimated increased  healthcare spending  for federal,  state, and                                                              
individual households.                                                                                                          
                                                                                                                                
10:38:42 AM                                                                                                                   
                                                                                                                                
MS.  ERICKSON said  based on  the models  the increased  insurance                                                              
coverage,   including  the  Medicaid   expansion,  represents   an                                                              
overall  increase  of  53,000  Alaskans.    The  slide  shows  the                                                              
distribution  by changes in  type of coverage.   The  U.S. Supreme                                                              
Court ruling  upheld the state's  challenge -  Alaska was 1  of 26                                                              
states  who  participated  in  the  lawsuit  that  questioned  the                                                              
constitutionality  of the  law;  however, the  U.S. Supreme  Court                                                              
upheld  that  the  individual  mandate  requiring  individuals  to                                                              
purchase  health insurance  or pay a  penalty was  constitutional.                                                              
[slide 17].   She  noted that  states have  a role in  determining                                                              
"how" not  "if" provisions  are being  implemented - depending  on                                                              
the extent the state is participating [slide 18].                                                                               
                                                                                                                                
MS.  ERICKSON stated  that  in  recent months  federal  government                                                              
funding  reductions -  the tightening  of the  belt -  has had  an                                                              
impact  on the  ACA.   For  example, one  of  the provisions  that                                                              
would have  created a  national long-term  care insurance  program                                                              
was repealed  under what  she characterized  as the "fiscal  cliff                                                              
deal," through  political negotiations [slide 19].   Additionally,                                                              
nearly  $2  billion was  cut  from  the  program that  would  have                                                              
provided  loans for  the  consumer-oriented  and operated  health-                                                              
plan programs.   Further, she related that a  number of provisions                                                              
were impacted  in the  sequester that took  effect in  March 2013.                                                              
To  date,  she  relayed,  there  have  been  billions  of  dollars                                                              
awarded  by the  federal government  in  grants, as  well as  over                                                              
10,000 pages of  regulations promulgated [slide 20].   A number of                                                              
new offices,  boards, committees,  and councils have  been formed.                                                              
Referring to  slide 21,  entitled "State Implementation  To-Date",                                                              
she reported  that  17 states are  planning to  operate their  own                                                              
state-based  exchanges,  with  the  remainder  defaulting  to  the                                                              
federal government.   There are provisions for  states that choose                                                              
to  allow the  federal  government to  operate  their exchange  to                                                              
participate  more   actively  in  consumer  assistance   and  rate                                                              
reviews.    Additionally,  seven  states  will  participate  in  a                                                              
partnership exchange.   She indicated that the  Medicaid expansion                                                              
decisions  do not have  any deadlines,  but the  earliest  date is                                                              
2014.   She reported  that  as of June  20, 2013,  24 states  have                                                              
decided to  expand their Medicaid  programs in 2014 and  21 states                                                              
have decided not  to implement the expansion at  this point; there                                                              
are a few states in which the debate is still ongoing.                                                                          
                                                                                                                                
MS. ERICKSON directed  attention to slide 23,  entitled "Timeline"                                                              
to  the major  provisions  that  will take  effect  on January  1,                                                              
2014.                                                                                                                           
                                                                                                                                
10:42:32 AM                                                                                                                   
                                                                                                                                
SENATOR  FRED  DYSON,  Alaska State  Legislature,  asked  for  the                                                              
impact  of the ACA  on the  union health  trust and  if the  rules                                                              
will be different for government employees.                                                                                     
                                                                                                                                
MS.  ERICKSON  offered to  provide  that  information  at a  later                                                              
date,  but noted  that  there is  a  change in  the  level of  the                                                              
health savings  account, which is  the level that  individuals can                                                              
contribute  to a health-savings  account  in order  to be  able to                                                              
receive a  tax savings under  the Act.   For the most  part, state                                                              
governments are not  exempt as employers, but the  insurance rules                                                              
vary.  She  offered her understanding  that the main type  of plan                                                              
is grandfathered  and is not necessarily fully  required to comply                                                              
with  all  provisions of  the  Act,  such  as for  retiree  plans.                                                              
However,  she  indicated  that the  Department  of  Administration                                                              
(DOA)  could better  answer that  specific question.   In  further                                                              
response to Senator  Dyson, she related her understanding  is that                                                              
the  definition  of a  grandfathered  health  plan isn't  tied  to                                                              
whether the plan  is a government or union plan,  but she deferred                                                              
to the Division of Insurance or Jeff Davis, Premera, to respond.                                                                
                                                                                                                                
REPRESENTATIVE  WES KELLER,  Alaska State  Legislature, asked  for                                                              
the  timeline  for  other  key  programs,  including  the  Quality                                                              
Measurement  &   Improvement  program   and  the  Recovery   Audit                                                              
Contractor  program (RCAP).   He  surmised  it may  already be  in                                                              
place  since the DHSS  contracted  with an auditor.   He  recalled                                                              
that  the audit  required  the state  to pay  back  a huge  dollar                                                              
figure as an adjustment, which he deemed was "quite blatant."                                                                   
                                                                                                                                
MS.  ERICKSON  explained   that  most  of  the   fraud  and  abuse                                                              
provisions  took  effect in  2011,  including the  state  Medicaid                                                              
RCAP.   Again, she  deferred specific  questions  to the DHSS  and                                                              
surmised that  others could  better address  how the programs  are                                                              
working  and  how well  they  align  with  other fraud  and  abuse                                                              
programs already in place in state law.                                                                                         
                                                                                                                                
10:46:50 AM                                                                                                                   
                                                                                                                                
SENATOR FRENCH  referred to slide 8  and asked, in the  absence of                                                              
a  Medicaid  expansion,  where   the  uninsured  people  who  fall                                                              
between 100 and  133 percent of the federal poverty  level will go                                                              
for an  insurance policy.  He  asked for clarification  on whether                                                              
they would  go to the  exchange with a  100 percent voucher  or if                                                              
something else would occur.                                                                                                     
                                                                                                                                
MS. ERICKSON  offered her  understanding that  it would  depend on                                                              
the cost  of the plan versus  the person's income level,  and thus                                                              
the  affordability   question  arises.    This  group   would  not                                                              
necessarily be subject  to a tax penalty for  not having insurance                                                              
if  they could  demonstrate financial  hardship or  if the  lowest                                                              
cost option  exceeds 8 percent  of their income.   To hone  in and                                                              
answer the question,  she responded that this group  would be able                                                              
to buy a plan  through the insurance exchange  provided they could                                                              
afford to do so.                                                                                                                
                                                                                                                                
SENATOR FRENCH understood  the ACA envisioned this  group becoming                                                              
Medicaid recipients  through the Medicaid expansion.   He recalled                                                              
the  U.S. Supreme  Court  indicated it  was  an option.   Thus  it                                                              
seemed to him  there would be a  bit of a gap for those  people at                                                              
the 100  percent to 133 percent  of the federal  poverty guideline                                                              
for Alaska.                                                                                                                     
                                                                                                                                
MS.  ERICKSON   concurred  that   the  Act  envisioned   that  the                                                              
aforementioned gap would be covered under the Medicaid program.                                                                 
                                                                                                                                
10:48:51 AM                                                                                                                   
                                                                                                                                
CHAIR  REINBOLD,   referring  to   slide  7,  asked   whether  the                                                              
individual  tax penalty of  2 percent  household income  for years                                                              
2015 and 2016 would be in pre-tax dollars.                                                                                      
                                                                                                                                
MS. ERICKSON  answered she  was unsure  of the  IRS rules  at this                                                              
time, although she offered to research that issue further.                                                                      
                                                                                                                                
CHAIR REINBOLD  indicated that since  it is 2 percent  or greater,                                                              
it could result  in a big impact.   She then referred  to slide 9,                                                              
and asked  whether the  penalty for  employers assessed  at $2,000                                                              
per subsidized employee would be applied annually.                                                                              
                                                                                                                                
MS. ERICKSON  answered yes.   In further  response to  a question,                                                              
she agreed the first 30 employees are excluded.                                                                                 
                                                                                                                                
10:50:14 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  TARR noted  that some assumptions  have been  made                                                              
that  businesses  would  choose  the penalty  since  it  would  be                                                              
financially  advantageous  to do  so.   She  said  it seemed  that                                                              
might be  the case.   For example, an  employer with  70 employees                                                              
would  potentially have  a $140,000  penalty.   She surmised  that                                                              
since  insurance  could  easily  range  from $800  to  $1,000  per                                                              
employee per  month, it could  be significantly less  expensive to                                                              
take  the penalty.   She  asked  where members  could obtain  more                                                              
information for evaluation purposes.                                                                                            
                                                                                                                                
MS.  ERICKSON  suggested  that  some  information  on  that  issue                                                              
specifically  might be  provided  by other  testifiers since  they                                                              
have  more  information  on employer  impacts.    Additionally,  a                                                              
number of  larger organizations  have been  working with  employee                                                              
benefits consultants to provide detailed analysis.                                                                              
                                                                                                                                
10:51:42 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 10:51 a.m. to 10:52 a.m.                                                                     
                                                                                                                                
CHAIR  REINBOLD advised  members  that the  federal government  is                                                              
still in the process of drafting regulations.                                                                                   
                                                                                                                                
10:56:13 AM                                                                                                                   
                                                                                                                                
BRET  KOLB,  Director,  Division  of  Insurance  (DOI);  Anchorage                                                              
Office, Department  of Commerce, Community &  Economic Development                                                              
(DCCED),  referring   to  the  ACA,  remarked  that   the  primary                                                              
challenge the division  faces is attempting to  review over 10,000                                                              
and  eventually  20,000  pages  of regulations.    Even  with  the                                                              
amount  of information  available,  many  of the  basic  questions                                                              
have not been  answered.  He highlighted that  the biggest concern                                                              
is the  cost to  consumers, small  businesses,  and the impact  on                                                              
the insurance  industry [slide  1].  He  advised members  that the                                                              
Division  of Insurance  has not  performed a  formal study  of the                                                              
cost  to individuals;  however,  the  division has  been  tracking                                                              
various  studies to  become knowledgeable  about  the impacts  for                                                              
them going  forward.   He referred  to an implementation  timeline                                                              
provided by  the National  Association of Insurance  Commissioners                                                              
[slide 2].   As previously mentioned,  the decision has  been made                                                              
that  it was  in  the  best interest  of  the  state to  select  a                                                              
federally-facilitated  exchange also known  as a marketplace.   In                                                              
fact,  the exchanges  stand  out as  the  significant change  that                                                              
will  take effect  in 2013.   Most  people are  interested in  the                                                              
impact of  the marketplace  on themselves or  their families.   He                                                              
pointed out  that October 1  is the date  when open  enrollment is                                                              
scheduled  to begin,  but many  other things  underlie that  date.                                                              
He  stated that  rates  would still  be  filed  with the  division                                                              
under the  ACA and the marketplace.   In fact, the  division would                                                              
continue  to  review  the  insurance  rates.    He  reported  that                                                              
insurers interested  in participating  in the exchange  must apply                                                              
by July  31, 2013.   He informed  members the DOI  is on  track to                                                              
complete  the reviews  for the  insurers  and submit  them to  the                                                              
federal government.                                                                                                             
                                                                                                                                
10:59:19 AM                                                                                                                   
                                                                                                                                
MR.  KOLB stated  the second  concern  relates to  the review  and                                                              
approval  by the  DHHS  for  plans that  will  be  offered in  the                                                              
federally-facilitated  marketplace.   He  indicated  he has  heard                                                              
that  by  early   September  the  federal  government   will  make                                                              
determinations  as to  which companies  have been  approved to  be                                                              
offered on  the marketplace.   The third  and largest  hurdle will                                                              
be to create  the marketplace, which is sometimes  considered as a                                                              
portal or  web access  site.   The portal  will provide  access to                                                              
the marketplace for  consumers to shop and determine  which policy                                                              
or plan may  be best for them.   In fact, in order  to accommodate                                                              
open enrollment  by October  1, 2013,  the portal  must be  up and                                                              
available by that  date.  He reiterated that this  is what's being                                                              
created by  the federal  government for the  federally-facilitated                                                              
marketplace.  The  marketplace would only cover some  of the high-                                                              
level   items  of   coordination  between   the  states,   federal                                                              
agencies,  and insurance  companies, but  all of these  activities                                                              
are being done in preparation of meeting deadlines.                                                                             
                                                                                                                                
MR.  KOLB turned  to  the question  of the  cost  to the  consumer                                                              
[slide 4].   He noted that according  to a report produced  by the                                                              
U.S. House  and Energy  Commerce Committee,  just released  in May                                                              
2013,  the  members of  the  Energy  and Commerce  Committee  sent                                                              
letters  to  17  of  the  largest   insurers  -  health  insurance                                                              
companies - requesting  their analysis of the impact  of the ACA's                                                              
policies,   mandates,  taxes,   and  fees   on  health   insurance                                                              
premiums.  He  referenced the source of the information,  which is                                                              
available  on the  U.S. House,  Energy,  and Commerce  Committee's                                                              
website,  which  is [http://energycommerce.house.gov/rate-shock].                                                               
Referring   to   slide  5,   entitled,   "Individual   Marketplace                                                              
Components of  2014 Rate  Impact", he explained  that many  of the                                                              
components are  in ranges or estimates.   The full-year  data will                                                              
not be made available  for the rate-making process  until the 2016                                                              
plan  year.   In fact,  it may  take several  years before  enough                                                              
information has  filtered through to  provide a full  year's worth                                                              
of data for  anyone to review.   Estimates will likely  be refined                                                              
and tightened up  as the 2016 plan year approaches,  but currently                                                              
only broad estimates are available.                                                                                             
                                                                                                                                
MR.  KOLB  pointed  out  that  the  mission  of  the  Division  of                                                              
Insurance  is  to  regulate  the  insurance  industry  to  protect                                                              
consumers.    Specifically, the  division  is  very aware  of  its                                                              
mission and  how the division impacts  consumers.  In  2012 alone,                                                              
the individual market  provided coverage for over  13,500 Alaskans                                                              
in the state.   Some of these individuals or  families may qualify                                                              
for subsidies  after January  2014 or  may be  served by  plans in                                                              
the  federally-facilitated marketplace.   So  regardless of  where                                                              
an individual  obtains coverage,  research  seems to indicate  the                                                              
cost of individual insurance is going to rise.                                                                                  
                                                                                                                                
11:03:36 AM                                                                                                                   
                                                                                                                                
MR.  KOLB  stated  that benefits,  cost  sharing,  and  guaranteed                                                              
issues are all factored  in and outlined on slide  5.  He referred                                                              
to  a "rate  shock"  chart and  explained  that  this reviews  the                                                              
impact on individual  markets for a young healthy  male [slide 6].                                                              
Again, this  report was  provided to the  U.S. House,  Energy, and                                                              
Commerce  Committee, but  it illustrates  a projected increase  of                                                              
180  percent.     However,  there  is  not  any   subtraction  for                                                              
subsidies  and  it  is  possible  individuals  might  qualify  for                                                              
subsidies.   Thus, the example might  need to be adjusted  to take                                                              
into  account the  average  subsidy,  which he  has  heard may  be                                                              
around 40  percent.  Still, he  characterized the impact  as being                                                              
huge  and  the  result  is  this  will  impact  people  trying  to                                                              
purchase insurance.                                                                                                             
                                                                                                                                
11:04:27 AM                                                                                                                   
                                                                                                                                
MR.  KOLB discussed  the cost  to small  businesses [slides  7-8].                                                              
In  2012  alone,  the small  group  market  covered  approximately                                                              
17,000 Alaskans.   Referring  to a  chart similar  to the  one for                                                              
individuals, he identified  the headings:  small  group (SG) fully                                                              
insured,  large  group  (LG)  fully  insured,  and  administrative                                                              
services  only (ASO)  - the  Employee  Retirement Income  Security                                                              
Act  (ERISA) types  of arrangements.   In  2014, the  SG would  be                                                              
significantly  impacted, thus,  he would  primarily focus  on this                                                              
group.   Since the 1990s Alaska  has required guaranteed  issue in                                                              
the small  group market.   In  addition, the  group health  market                                                              
tends  to  have  richer benefits  available  than  the  individual                                                              
market and that  those two things taken together will  result in a                                                              
smaller increase  on the  overall cost.   He predicted  the impact                                                              
to the small group  market will likely be less than  the impact to                                                              
the individual  market.  He  anticipated that some  employers will                                                              
attempt to  take on some  of the risk  themselves.  He  noted that                                                              
he  has heard  that  some  employers,  even small  employers,  are                                                              
considering self-funding  in order to  avoid some costs  under the                                                              
ACA, in particular, to meet some of the mandates.                                                                               
                                                                                                                                
MR.  KOLB stated  that division  will be  monitoring increases  in                                                              
stop-loss insurance,  which is  the insurance  that backs  up this                                                              
type  of  self-risk.   In  2015,  employers  will be  required  to                                                              
report health coverage  to the IRS.  He recalled  tax credits were                                                              
discussed  in  the   earlier  presentation,  which   he  will  not                                                              
discuss.    He  pointed  out  administrative  factors  that  small                                                              
employers will  be subject to which  cannot yet be taken  into the                                                              
overall calculation and cost.                                                                                                   
                                                                                                                                
MR.  KOLB  turned  to  the  cost  to  insurers  [slide  10].    He                                                              
explained  that insurance  companies  are  businesses, which  will                                                              
continue  to  incur  additional  costs  associated  with  the  ACA                                                              
compliance.     For  example,  this   would  include   both  costs                                                              
associated with  creating and  pricing new plans,  as well  as the                                                              
many  different taxes  and  fees previously  discussed.   As  with                                                              
other businesses, the  cost of the business is factored  in and in                                                              
the case  of insurance, the  costs will be  passed on in  the form                                                              
of a premium  increase.  Since  January 1, 2012,  insurers writing                                                              
health  insurance  in Alaska  have  been  required to  file  their                                                              
rates  with  the  division.   These  rates  are  reviewed  and  by                                                              
statutes, cannot  be approved if  they are excessive,  inadequate,                                                              
or unfairly  discriminatory.  He  concluded that numerous  new ACA                                                              
taxes  will  impact  consumers   and  the  division  is  currently                                                              
reviewing rates.                                                                                                                
                                                                                                                                
11:08:01 AM                                                                                                                   
                                                                                                                                
MR.  KOLB reported  that Alaska  has  been deemed  by the  federal                                                              
government  as an  effective rate  review state.   Therefore,  the                                                              
federal  government will  rely  on Alaska's  review  of rates  for                                                              
purposes  of determining  whether a rate  increase is  reasonable.                                                              
The  federal  authority  must  only   disclose  unreasonable  rate                                                              
increases or  possibly not allow  sale on a  federally-facilitated                                                              
marketplace.   Technically, the  federal government does  not have                                                              
"disapproval" authority.   Furthermore, with regard  to forms, the                                                              
federal agencies  have indicated  they will  rely on the  division                                                              
with respect  to compliance  for  mandates in  Alaska, as  well as                                                              
for components of the federal mandates.                                                                                         
                                                                                                                                
MR.  KOLB  said  that  to  date,   no  specific  ACA  statutes  or                                                              
regulations  have been adopted  in Alaska.   Again, the  authority                                                              
to review  rates currently  exists so  the division will  continue                                                              
to review  rates as it  has in the  past.  Referring  to estimated                                                              
pricing  impacts, he  said it  doesn't  matter whether  it is  the                                                              
individual  market, the  small group  market, or  the large  group                                                              
market,  since all  groups will  be  impacted.   However, the  ACA                                                              
will also  provide  benefits and  access for  some people,  but he                                                              
offered his  belief that  it will undoubtedly  add cost  to health                                                              
insurance  and to  the population  as  a whole.   Everyone  buying                                                              
insurance will be touched by this in some manner, he opined.                                                                    
                                                                                                                                
11:10:03 AM                                                                                                                   
                                                                                                                                
MR. KOLB,  in closing,  provided the  committee with some  sources                                                              
that  have  performed  studies   and  directed  attention  to  the                                                              
division's website,  which now contains links to  ACA resources as                                                              
a repository to obtain information.                                                                                             
                                                                                                                                
11:11:01 AM                                                                                                                   
                                                                                                                                
CHAIR  REINBOLD, on  behalf  of Representative  Saddler's  office,                                                              
asked  for  the  impact  of the  ACA  on  specific  diagnoses  for                                                              
conditions such as autism.                                                                                                      
                                                                                                                                
MR. KOLB explained  that one of  the components of the  ACA is the                                                              
essential  health benefits,  and  one which  must  be included  is                                                              
coverage  for  mental healthcare.    He  pointed out  that  autism                                                              
benefits fall  under that coverage.   Therefore, as of  January 1,                                                              
2014, plans  are required to  have essential health  benefits, and                                                              
thereby will offer coverage for autism.                                                                                         
                                                                                                                                
11:11:56 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE KURT  OLSON, Alaska State Legislature,  referred to                                                              
slide 8 of  his presentation.   He asked for clarification  on The                                                              
Patient-Centered  Outcomes Research  Institute  (PCORI), which  is                                                              
listed under taxes and fees.                                                                                                    
                                                                                                                                
MR. KOLB  answered  that PCORI is  part of  the funding  mechanism                                                              
that refers to effectiveness research.                                                                                          
                                                                                                                                
REPRESENTATIVE  OLSON  asked  who  is  responsible  to  make  sure                                                              
commissions and fees  are not bundled, for example,  brokers could                                                              
charge fees and  also receive a seating commission  from companies                                                              
for placing the reinsurance.                                                                                                    
                                                                                                                                
MR.  KOLB answered  that  the current  licensing  falls under  the                                                              
purview  of  the  division  so as  people  gain  commissions,  the                                                              
division will  be reviewing the  activity.  However,  he clarified                                                              
that navigators  - those assisting  someone else in the  process -                                                              
are not eligible for commissions.                                                                                               
                                                                                                                                
REPRESENTATIVE  OLSON asked  whether navigators  will be  licensed                                                              
by the division.                                                                                                                
                                                                                                                                
MR. KOLB  answered that  the division  does not anticipate  adding                                                              
licensing  responsibility  for  navigators  since they  are  being                                                              
identified  by   the  federal  government  to  work   through  the                                                              
federally-facilitated  marketplace.   At  this  point  he did  not                                                              
envision any additional licensure responsibility for navigators.                                                                
                                                                                                                                
11:14:16 AM                                                                                                                   
                                                                                                                                
SENATOR  FRENCH  offered  his  understanding   that  the  ACA  has                                                              
provisions  that allow  states to  pool insurance.   For  example,                                                              
Alaska  could pool  insurance  with another  state  with a  larger                                                              
population.   He  asked what  research  the division  has done  to                                                              
determine  any options  the state  has for  pooling, for  example,                                                              
for states with similar issues including Idaho or Montana.                                                                      
                                                                                                                                
MR. KOLB  acknowledged pooling is  conceptually available,  but to                                                              
date he's  not heard of  many states seeking  to pool;  however, a                                                              
state  would want  to take  on the  risk of  the new  state.   For                                                              
example,  Idaho would  want  to  have the  medical  cost and  risk                                                              
Alaska has  pooled in  with their  costs and  risks.   However, in                                                              
many  instances, it  might result  in  a worse  situation.   These                                                              
states  also encounter  regulation  of  insurance  at their  state                                                              
level.   State  regulations and  programs also  differ, such  that                                                              
one  state  may regulate  one  thing  and  the other  state  might                                                              
mandate benefits  in a different manner.  Certainly,  Alaska would                                                              
like  someone  to  take on  its  risk,  but  to date  it  has  not                                                              
happened.                                                                                                                       
                                                                                                                                
The committee took an at-ease from 11:16 a.m. to 11:18 a.m.                                                                     
                                                                                                                                
11:18:36 AM                                                                                                                   
                                                                                                                                
JEFF DAVIS, President,  Premera Blue Cross, Blue  Shield of Alaska                                                              
(Premera)  began  his  presentation.    He  offered  to  focus  on                                                              
context  and  impact  since  it is  important  to  understand  the                                                              
context  in  which  all  of  this is  happening.    He  said  that                                                              
healthcare  as it  existed  in March  2010  was unsustainable  and                                                              
costs  have continued  to  rise  [slide 1].    He highlighted  the                                                              
elements of  the crisis, pointing  out the graph depicts  all non-                                                              
interest spending  including social  security, which is  flat, but                                                              
adding  in health  spending presents  a  different picture  [slide                                                              
3].  Additionally,  once interest on the debt is  added in it gets                                                              
to be  "pretty scary"  and by 2014  will be  the equivalent  of 35                                                              
percent of  the gross  domestic product (GDP).   The  amount would                                                              
be totally  unsustainable by 2080.   He identified  the underlying                                                              
base problem,  which is  that healthcare  costs are rising  faster                                                              
than GDP and  as costs continue  to rise consume more  of the GPD.                                                              
He spoke  to the rapidly escalating  situation.  In 1982,  when he                                                              
was in  graduate school eight percent  of GDP was  for healthcare,                                                              
but by 2013 has risen to 18 percent.                                                                                            
                                                                                                                                
MR.  DAVIS said  healthcare spending  in  Alaska is  significantly                                                              
higher  than  in other  parts  of  the  country.   In  fact,  Ward                                                              
Hurlburt, M.D;  Deputy Director,  Department of Health  and Social                                                              
Services;  Chair of the  Alaska Health  Care Commission  indicated                                                              
the U.S has the  highest healthcare costs in the  world and Alaska                                                              
has the  third highest  in the  nation.   Therefore, Alaskans  are                                                              
paying the third highest healthcare costs in the world.                                                                         
                                                                                                                                
MR. DAVIS  compared Alaska's spending  to other markets,  in terms                                                              
of small group  premiums.  Alaska's small group  premiums are $650                                                              
per  person per  month,  which  is $2,600  for  a  family of  four                                                              
[slide  4].   For reference,  in Washington  [state] the  premiums                                                              
are approximately  half the  cost.   Thus, Alaska's employers  and                                                              
individuals  are being  crushed under  the financial  burden.   He                                                              
said it  is not  likely that  the ACA  will fix  the problem.   He                                                              
indicated  the  ACA  would  initially  apply  to  groups  of  2-50                                                              
persons, although  some implications will occur for  larger groups                                                              
[slide 5].                                                                                                                      
                                                                                                                                
11:21:46 AM                                                                                                                   
                                                                                                                                
MR.  DAVIS   said  the  major   implications  from   an  insurance                                                              
perspective  happen  on  January  1,  2014.    He  explained  that                                                              
guarantee issue  and no preexisting  condition waiting  periods go                                                              
together,  which  means  is  that anyone  coming  to  an  insurer,                                                              
regardless  of health  condition must  be given  a policy  without                                                              
any waiting  periods for preexisting  conditions.  He  offered his                                                              
belief  that  this  will  have  a  significant  impact  on  health                                                              
insurance  costs.   He  characterized  this  as being  similar  to                                                              
someone  purchasing  homeowners'   fire  insurance  after  his/her                                                              
house has  burned down or a  person needs coronary  bypass surgery                                                              
and  then  purchases  healthcare   insurance  after  the  surgery.                                                              
Essentially,  beginning  January  1, 2014,  an  insurance  company                                                              
must provide  for immediate coverage  and he predicted  the effect                                                              
of the mandatory coverage will increase insurance rates.                                                                        
                                                                                                                                
MR. DAVIS said  that federal subsidies in the  healthcare exchange                                                              
for  individuals  will  begin  on  January  1,  2014,  which  also                                                              
represents a "really  big" market change.  Somewhat  hidden in the                                                              
midst  of the  reform is  the minimum  essential benefit  package,                                                              
which  requires a  minimum  actuarial  value of  60  percent.   In                                                              
fact,  a  60 percent  plan  is  a  richer plan  than  most  people                                                              
purchase today.   For example,  if one were  to compare it  to car                                                              
insurance, a party  who has a deductible of $1,000  but wants $100                                                              
deductible would  expect the  policy will be  more expensive.   He                                                              
offered  his belief  that the  minimum  essential benefit  package                                                              
will increase  insurance  costs the  most.  He  pointed out  about                                                              
11,000 pages of regulations have been promulgated to date.                                                                      
                                                                                                                                
MR.  DAVIS  emphasized  that  these  changes  are  market-changing                                                              
forces and  of course no one  knows for certain what  will happen.                                                              
He  characterized the  ACA  as being  on a  roller  coaster.   For                                                              
example, companies  were required to file rates on  April 30, 2013                                                              
for  2014 without  knowing  the  population.   Further,  in  April                                                              
2014,  companies must  file rates  for 2015,  without yet  knowing                                                              
much  about  enrollees.    He  ventured  that  by  2015-2016,  the                                                              
companies  ought  to  know  the population  enrolled  and  a  "new                                                              
normal" will emerge.                                                                                                            
                                                                                                                                
11:26:04 AM                                                                                                                   
                                                                                                                                
MR. DAVIS said  individual insurance costs and  prices will depend                                                              
on several  factors, such  as the person,  his/her age,  what type                                                              
of current  plan, if any, and  whether the person is  eligible for                                                              
any  federal  subsidy.    He  advised   that  Premera's  actuaries                                                              
believe  the average  impact for  individuals will  be between  21                                                              
and 79  percent.  For  example, a 50-year-old  with a  fairly rich                                                              
healthcare  plan  today,  paid out-of-pocket  at  399  percent  of                                                              
federal  poverty,  will  likely  pay  significantly  less  out-of-                                                              
pocket  for  the  plan  in  2014   due  to  the  federal  subsidy.                                                              
However, a  "20-something" with a  high deductible plan  today, at                                                              
401  percent  of  federal  poverty  could  face  rates  that  have                                                              
doubled.   However, the  range of  impact for individuals  depends                                                              
on  substantial  information, although  the  range  of impact  for                                                              
small  groups  would   likely  have  less  impact,   as  Mr.  Kolb                                                              
mentioned; however, some impacts will occur.                                                                                    
                                                                                                                                
MR.  DAVIS estimated  that about  half of  the 10,000  individuals                                                              
Alaskans would  be "grandfathered in"  because they have  not made                                                              
any significant  changes to their  coverage since March  23, 2010.                                                              
Those  who are "grandfathered  in"  would have  an option  to keep                                                              
their  plan  and  represents  the   group  that  will  be  largely                                                              
sheltered.   In  fact, about  half  of the  groups Premera  covers                                                              
will be  "grandfathered in"  and will  have an  option to  wait to                                                              
see what happens.   He assured committee members  that Premera has                                                              
been trying  to shelter its members  from the effects of  the Act.                                                              
He  turned  to  the  health  insurance   dollar  [slide  6].    He                                                              
mentioned substantial  information has been formulated  during the                                                              
debate  that  indicates  healthcare  costs  are  estimated  at  40                                                              
percent  administrative  costs with  30  percent  profit.   Having                                                              
said that,  he questioned what  business could operate  under that                                                              
model  since businesses  with those  costs and  profits would  not                                                              
operate for long.                                                                                                               
                                                                                                                                
11:29:30 AM                                                                                                                   
                                                                                                                                
MR.  DAVIS  reported  that  in  2012,  for  every  dollar  Premera                                                              
received  - based on  approximately 1.7  million people  receiving                                                              
coverage,  primarily  in Washington  and  Alaska  - it  spent  six                                                              
cents  on  administration.   He  pointed  out  that Premera  is  a                                                              
taxable  non-profit company  and  currently has  a  profit of  one                                                              
percent.   He advised  members that this  one percent  profit gets                                                              
reinvested  in  the  company  to build  reserves  to  provide  for                                                              
future needs  of its clients  and to build  the capability  of the                                                              
company.    He   further  reported  that  Premera   has  hired  an                                                              
additional  245   people  to  its   traditional  3,000   staff  to                                                              
implement aspects  of the Act, which  represents a huge  impact on                                                              
Premera.   Healthcare consumes 91  percent of all of  the dollars,                                                              
he said.                                                                                                                        
                                                                                                                                
MR. DAVIS  indicated that  the U.S.  still has  a problem  in that                                                              
the  Act  reforms  insurance  but   not  healthcare  itself.    He                                                              
discussed  where  the  healthcare  money  goes  [slide  7].    The                                                              
Division  of   Insurance  approves  rates,  whose   standards  are                                                              
adequate  but  not   excessive.    This  provides   Alaskans  with                                                              
consumer  protection.   Studies  point  to  30-40 percent  of  all                                                              
health care  in the U.S. as  being considered waste,  he asserted,                                                              
and he offered  examples of [fraudulent practices].   He estimated                                                              
that  the U.S.  spends  $3  trillion  on healthcare  so  therefore                                                              
about $1 trillion  represents waste.  This represents  the area in                                                              
which  Premera believes  opportunities  exist to  reduce waste  by                                                              
improving quality [slide  8].  He suggested that this  can be done                                                              
by  engaging  and  empowering consumers  and  rewarding  them  for                                                              
being educated.   He indicated "choosing  wisely" is a  model from                                                              
the  medical  associations,  who  point out  5-10  standards,  for                                                              
example,  for obstetrical  care  or asthma.    He indicated  these                                                              
standards  are found  on the  consumer reports'  website as  well.                                                              
Essentially, if 30  percent is waste, as a consumer  he would want                                                              
to  avoid  doing  things  that  contribute  to  waste  and  become                                                              
educated how not  to do so.  He pointed out that  Premera works on                                                              
cost transparency and uses integrated health management.                                                                        
                                                                                                                                
MR. DAVIS  turned to what employers  are doing about  costs [slide                                                              
9].   He  stated  that  the focus  is  on personal  health  status                                                              
improvement.  Approximately  75 percent of the  cost of healthcare                                                              
is spent  on chronic  disease and  a third of  that is  related to                                                              
lifestyle-related choices, including exercise and food choices.                                                                 
                                                                                                                                
MR.  DAVIS  stated  that high  deductible  plans  reduce  people's                                                              
willingness  to  just buy  things  "willy-nilly"  and to  research                                                              
options.  He said  that consumers who buy their  own plans consume                                                              
about  30 percent  less in  claims  with no  difference in  health                                                              
status.   He  further said  that  employers have  been working  on                                                              
cost  transparency and  hold worksite  clinics  to help  integrate                                                              
wellness  and  reduce workers'  compensation,  to  improve  health                                                              
status  with significant  reductions in  consumption of  services.                                                              
He  pointed out  that  employers are  also  interested in  medical                                                              
tourism,  which he  said would  not  be debated  today unless  the                                                              
committee wishes to do so.                                                                                                      
                                                                                                                                
MR.  DAVIS turned  to the  delivery  system transformation  [slide                                                              
10].   He stated  that more needs  to be  done to empower  primary                                                              
care.  He suggested  that paying primary care  physicians more and                                                              
putting them  in charge  of their patients  can be very  effective                                                              
in  reducing waste;  however to  do  so, the  doctors need  tools,                                                              
including  data.    He  said  that  Premera  has  created  "Global                                                              
Outcomes  Contracts"  but he  believed  this  effort needs  to  be                                                              
provider-led with carrier support.                                                                                              
                                                                                                                                
11:34:20 AM                                                                                                                   
                                                                                                                                
MR.  DAVIS  summarized  that  the  current  healthcare  system  is                                                              
unsustainable and the  ACA won't fix it [slide 11].   According to                                                              
an article  in Forbes ["Rate Shock:   In California,  Obamacare To                                                            
Increase Individual  Health Insurance Premiums By  64-146 percent"                                                              
dated 5/30/2013],  California anticipates a 64-146  percent impact                                                              
to  implement  the  ACA,  whereas  Washington  estimates  a  34-80                                                              
percent  impact.   He  reported some  statistics  from Oregon  and                                                              
Washington,    with   respect    to   the    federally-facilitated                                                              
marketplace, including  that Oregon has allocated  $300 million in                                                              
federal dollars and  has delivered 50 percent of  the requirements                                                              
for the  exchange, with 50 percent  in draft form;  and Washington                                                              
has spent  $150 million  in federal dollars  and has  delivered 25                                                              
percent of  the requirements, with 40  percent in draft  form.  In                                                              
Alaska,  zero  percent  of  the requirements  have  been  met,  30                                                              
percent  are in  draft  form, and  70 percent  have  not yet  been                                                              
received.  He  was unsure of how  it would all work  out, but said                                                              
Premera Blue Cross will do what it needs to do for its clients.                                                                 
                                                                                                                                
CHAIR REINBOLD relayed  that she was impressed and  alarmed by the                                                              
information he'd provided.                                                                                                      
                                                                                                                                
REPRESENTATIVE  KELLER said he  has been outraged  by the  ACA, in                                                              
particular,  as it relates  to preexisting  conditions.   He asked                                                              
how  Mr. Davis's  company is  going  to change  as a  result.   He                                                              
further  asked   whether  the  company  is  moving   more  towards                                                              
healthcare  management.    He predicted  that  insurance  will  no                                                              
longer  be insurance  as it  is known  today.  He  also asked  Mr.                                                              
Davis to predict  what Premera Blue Cross would look  like in five                                                              
years.                                                                                                                          
                                                                                                                                
MR.  DAVIS indicated  that his  company will  be performing  "pre-                                                              
funding"  rather  than  insurance  services.   As  mentioned  last                                                              
week, two  things make something an  insurable event.   One, it is                                                              
not  a desirable  event.   Second, it  is not  predictable to  the                                                              
individual.   However, once  a person  has already been  diagnosed                                                              
with something it  would fall under "receiving  care," and becomes                                                              
predictable  to the  person.   Thus  Premera  would  not be  "risk                                                              
selectors" but  would function as  "risk managers."  He  said that                                                              
Premera's  mission   is  to  create  a  sustainable   health  care                                                              
environment  which would  translate into  "all hands  on deck  and                                                              
nothing 'is' off  the table."  Certainly, Premera  would be making                                                              
changes, adding  his belief  that everyone has  a role to  play in                                                              
reducing healthcare  costs, for example, choosing  to lose weight.                                                              
He pointed  out his diverse roles,  including that he serves  as a                                                              
health insurance  executive, a health  care commission  member, an                                                              
individual, and as a father.                                                                                                    
                                                                                                                                
MR. DAVIS  said  that Premera  has focused  on what  it can  do in                                                              
integrated  health  management  to help  primary  care  physicians                                                              
become empowered,  and to  help employees  and employers  in terms                                                              
of worksite wellness.   Certainly, the risks will  happen, and the                                                              
company  can't control  them, but  it can work  to reduce  overall                                                              
health care costs.                                                                                                              
                                                                                                                                
MR. DAVIS  reported that actuarial  science around  wellness shows                                                              
that reducing  the body  mass index (BMI)  by a meaningful  amount                                                              
translates   into  health  care   expenditure  reductions   almost                                                              
immediately,  within   a  matter  of  months.     Thus,  employers                                                              
understand  wellness  as  a  strategy   and  really  embrace  that                                                              
aspect, including  the recognition that  a healthy workforce  is a                                                              
more productive one.                                                                                                            
                                                                                                                                
11:41:02 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  TARR recalled  testimony that  it is difficult  to                                                              
determine  the  cost  of  individual   coverage  since  it  is  an                                                              
uncertain  population.     She  said  the  [committee]   has  seen                                                              
estimates  that identified  who  would be  covered under  Medicaid                                                              
expansion.   She asked  whether there would  be more  certainty if                                                              
the  state had  selected Medicaid  expansion  since Premera  could                                                              
exclude a  certain number  of Alaskans,  which would whittle  down                                                              
the   number  of   new   individuals   that  would   be   covered.                                                              
Additionally,  she recalled  the  ACA did  not require  companies,                                                              
such  as Premera,  to  participate  or offer  a  plan through  the                                                              
federal exchange.   She  questioned if it  is so cost  prohibitive                                                              
why  Premera  would  participate  and offer  a  plan  through  the                                                              
federal  exchange.    It  made  sense  to  her  that  an  economic                                                              
decision would  be made on the part  of Premera and she  asked for                                                              
clarification on these points.                                                                                                  
                                                                                                                                
MR.  DAVIS, with  respect to  reasons  Premera would  participate,                                                              
answered  that  Premera  believes  if  it did  not  act,  that  an                                                              
individual  insurance market  would  not be  available in  Alaska.                                                              
The  Premera board  has  been committed  to  create a  sustainable                                                              
health care  situation and without  coverage, the market  would go                                                              
in the opposite  direction.  Fortunately, Premera  believes it has                                                              
sufficient  reserves  to carry  it  through the  uncertain  times.                                                              
With  respect  to  the  uncertainty   to  new  entrants  into  the                                                              
marketplace, he offered  his belief that most of  these people are                                                              
currently uninsured,  so nothing is  known about them in  terms of                                                              
risk factors.   He estimated  that approximately  120,000 Alaskans                                                              
are  uninsured.   The state  predicts that  in 2014  approximately                                                              
44,000  people will  be  covered under  the  exchange, which  will                                                              
increase  in 2017 to  66,000.   He said  Premera does not  believe                                                              
that  Medicaid  expansion  would really  be  a  part of  it  since                                                              
either  the  expansion would  occur  or  the  group would  not  be                                                              
eligible for  subsidies; therefore, not  many would fall  into the                                                              
affordable insurance situation.                                                                                                 
                                                                                                                                
SENATOR  FRENCH opined  that  Premera is  one  of the  outstanding                                                              
companies  operating  in  the  healthcare  arena.    He  commended                                                              
Premera  for  its   low  administrative  costs.     He  turned  to                                                              
insurance  pooling,  noting  that   Washington  has  substantially                                                              
lower  healthcare costs  than  Alaska  does.   He  pointed out  it                                                              
would  be to  Alaska's  advantage  to pool  with  Washington.   He                                                              
suggested   that    policymakers   should   be    exploring   this                                                              
aggressively.                                                                                                                   
                                                                                                                                
MR. DAVIS  attempted  to clarify  that the one  percent profit  is                                                              
achieved  over  its  1.8  million  members.    He  predicted  that                                                              
Premera will  receive a rebate  because profits were  greater than                                                              
expected.  In terms  of a state compact, he responded  that he has                                                              
grimaced when  he's heard about it.   Since Premera has  worked in                                                              
Alaska since  1952, the  company must make  costs work  in Alaska.                                                              
If  Premera  must  compete  with  someone  based  on  Washington's                                                              
costs, it would  be difficult.  For example,  the federal employee                                                              
plan  averages  prices  across Alaska.    Further,  compacts  have                                                              
problems,  since the  costs are  different  in different  locales.                                                              
He said  the Alaska  Health Care Commission  explored some  of the                                                              
reasons  for  higher costs  and  information  is on  its  website.                                                              
While it  would be advantageous for  Alaska to pool, it  would not                                                              
be benefit Washington  until Alaska can bring down  its healthcare                                                              
costs.   The  concept behind  the  state compact  is that  somehow                                                              
there  is   extraordinary  profit   or  waste  in   the  insurance                                                              
marketplace  that   would  be  driven   out  by   an  across-state                                                              
competition; however,  for Premera, which  is a company  without a                                                              
lot of waste  in administrative costs  or profit, it is  all about                                                              
healthcare.   He  identified  the main  issue  is that  healthcare                                                              
simply costs  more in Alaska than  in Washington, so it's  hard to                                                              
imagine how this can be a "win-win."                                                                                            
                                                                                                                                
11:48:12 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE   TARR  asked   whether   Premera  has   considered                                                              
expanding its  healthcare practice  for healthcare providers  as a                                                              
means to reduce costs.                                                                                                          
                                                                                                                                
MR. DAVIS responded  that Premera's work with primary  care is not                                                              
an expansion of  licensure, but works to the  extent of licensure.                                                              
He said  Premera believes  that the primary  care physician  is in                                                              
the  best place  to evaluate  a patient  holistically.   Premera's                                                              
focus has  been to  consider paying  primary care physicians  more                                                              
to reduce waste and improve quality.                                                                                            
                                                                                                                                
11:49:15 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE OLSON  questioned how it  would work if  Premera is                                                              
prevented from underwriting  older people with health  care issues                                                              
and the premiums  are being doubled  for clients in their  20s and                                                              
30s, which  is the  group that  is typically  the "gold  standard"                                                              
for the industry.                                                                                                               
                                                                                                                                
MR. DAVIS  answered that  the individual  mandate was  intended to                                                              
keep  everyone in  the marketplace,  but he  has two  sons and  he                                                              
wondered  how  to  encourage  them  to  understand  the  value  of                                                              
staying  in  the system.    Again,  some  people will  be  subsidy                                                              
eligible, others  will pay significantly more.   He predicted that                                                              
health  insurance  premiums  will  have  to  go  up  and  will  be                                                              
extremely costly.   While  the process will  evolve over  time, he                                                              
predicted it will be extremely costly.                                                                                          
                                                                                                                                
The committee took an at-ease from 11:51 a.m. to 11:55 a.m.                                                                     
                                                                                                                                
CHAIR REINBOLD introduced her sister.                                                                                           
                                                                                                                                
11:56:18 AM                                                                                                                   
                                                                                                                                
ILONA FARR,  M.D., Alaska  Family Medical  Care, after  mentioning                                                              
she  is  the  head  of a  group  of  16  family  practice  private                                                              
practitioners,  explained that  substantial impact  will occur  in                                                              
Alaska due  to the  implementation of the  ACA.  She  acknowledged                                                              
other  changes are  due to  rules adopted  under former  President                                                              
George  W. Bush's  administration  with some  changes  due to  the                                                              
stimulus bill.   She offered her  belief that many of  the changes                                                              
do not  affect government agencies  as much as the  changes affect                                                              
physicians in private practice.                                                                                                 
                                                                                                                                
DR. FARR  said she  started working  in health  care in  1997 with                                                              
the  late  U.S. Senator  Ted  Stevens  to  try to  impact  federal                                                              
regulations.   At the  time, the  federal government attempted  to                                                              
increase the  documentation for physicians.   She figured  out she                                                              
would  need  to   write  180,000  words  per  year   to  meet  the                                                              
documentation.   While the regulations  were kept at bay  for some                                                              
time, they are now  in place.  She predicted  it will dramatically                                                              
increase provider  costs since more  needs to be documented.   She                                                              
said  other   rules  and  regulations  have   occurred,  decreased                                                              
reimbursement  from  Medicare  and Medicaid,  relative  to  costs.                                                              
She reported  that Medicare  reimbursements on  claims were  at 34                                                              
percent and  Medicaid at 80 percent.   She also said  her practice                                                              
breaks  even with Medicaid  and  loses money  on Medicare,  but it                                                              
takes six paying  patients to offset the losses  from one Medicare                                                              
patient.                                                                                                                        
                                                                                                                                
DR. FARR  stated in 2008 the  Bush administration  mandated ICD-10                                                              
codes  [the   10th  revision  of  the  International   Statistical                                                              
Classification  of Diseases  and Related  Health Problems  (ICD)],                                                              
which are  due to  start in  October 2014.   According  to various                                                              
studies the estimated  cost to implement the codes  ranges $1.5 to                                                              
$8.3 billion  with providers facing  a minimum expense  of $83,000                                                              
for private  practitioners up  to $2.7  million for large  clinics                                                              
[slide 2].   She  estimated the  medical classification  list will                                                              
increase  from 10,000 codes  to 140,000  alphabetical and  numeric                                                              
codes.  She  further estimated that  36 percent of the  codes will                                                              
correspond to the  new codes.  Therefore each  physician will need                                                              
to use the  new system or have  coders do this.  She  predicted it                                                              
would  be  cost   prohibitive  for  many  physicians,   taking  an                                                              
additional  five  minutes for  each  patient, which  increase  her                                                              
fees by $50.   Some places estimate more physician  time; however,                                                              
she estimated  it would  add 1.5  hours to her  day under  the new                                                              
system.                                                                                                                         
                                                                                                                                
11:59:36 AM                                                                                                                   
                                                                                                                                
DR.  FARR related  some people  think  the impact  of the  changes                                                              
will be more drastic  than the housing bubble.   Further this will                                                              
come  at  a time  when  the  country  has a  shortage  of  medical                                                              
providers.                                                                                                                      
11:59:50                                                                                                                        
                                                                                                                                
DR.  FARR  said  the federal  ACA/Stimulus  bills  entail  several                                                              
pieces  of  legislation  [slide   3].    The  Independent  Payment                                                              
Advisory  Board, or  IPAB, will  define fees  for providers  after                                                              
examining  fees for  five years.   Therefore,  the state will  not                                                              
know the  impact of this  for several years.   She  identified the                                                              
Agency for Healthcare  Research and Quality's (AHRQ)  as a federal                                                              
program   that   provide   patient   and   physician   educational                                                              
materials, but looks  at studies and is making  recommendations to                                                              
the  Federal Coordinating  Council  for Comparative  Effectiveness                                                              
Research  (FCCCER)  committee,   who  will  help  determine  which                                                              
services  should  be  provided   as  physicians.    She  expressed                                                              
concern that  some of  the boards and  committees are  using older                                                              
research and  it may slow down  the progress being made  in health                                                              
care.                                                                                                                           
                                                                                                                                
DR.  FARR   expressed  further   concern  that  the   process  may                                                              
interfere  with  the  physician  and patient  interactions.    For                                                              
example, in  her practice,  50 percent  of breast cancer  patients                                                              
were  diagnosed before  the  age of  50.   According  to the  task                                                              
force guidelines,  she should not be performing  mammograms on her                                                              
patients before  they reach 50;  however, that would mean  half of                                                              
her patients would potentially have died.                                                                                       
                                                                                                                                
12:01:48 PM                                                                                                                   
                                                                                                                                
DR.  FARR indicated  that  breast and  cervical  cancer rates  are                                                              
much higher in Alaska.   Again, she stated she  has concerns about                                                              
the  federal  government  setting  rules  and  regulations.    She                                                              
offered her  belief that  these decisions  should be made  between                                                              
the  individual patients  and their  providers.   She stated  that                                                              
there  have been over  159 committees,  and 20,000  new rules  and                                                              
regulations.   She  emphasized the  difficulty in  trying to  keep                                                              
up.  She  reiterated it would  be virtually impossible  to keep up                                                              
with the enormity of the proposed changes.                                                                                      
                                                                                                                                
DR. FARR  identified 18  different audits  the federal  government                                                              
can impose, including  Medicare RAC audits, which  are audits paid                                                              
on  commission and  auditors  can  extrapolate findings  over  the                                                              
whole practice.   These audit  practices have tremendous  negative                                                              
implications for  practitioners.  She offered her  belief that the                                                              
majority  of   the  audits  are   conducted  by  "fly   by  night"                                                              
operations.   Most people in  private practice are  not committing                                                              
the fraud  on the  scale being  discussed at  the national  level.                                                              
She  hoped  the  Medicaid  audits   at  the  state  level  can  be                                                              
influenced  so it will  not drive  practitioners away  from taking                                                              
Medicaid patients.   Additionally,  her practice must  comply with                                                              
75  Healthcare  Effectiveness  Data and  Information  Set  (HEDIS)                                                              
quality   measures  and   the  National   Committee  for   Quality                                                              
Assurance (NCQA)  [which is an  independent 501(c)  (3) non-profit                                                              
organization].    She  noted  her  practice  sends  bills  to  120                                                              
different  entities  and  potentially  any one  of  the  companies                                                              
could   request  an   audit.     She   pointed   out  audits   and                                                              
documentation  take away  significant time  from her practice  and                                                              
patients.                                                                                                                       
                                                                                                                                
DR.  FARR turned  to  Medicaid  [slide 4].    She  noted that  the                                                              
biggest study  done by the  University of Virginia  found Medicaid                                                              
surgical  patients  are  97  percent   more  likely  to  die  than                                                              
surgical  patients with private  health insurance  and 13  percent                                                              
more  likely to  die than  those  without insurance.   She  stated                                                              
that  one  reason  for  this  is   due  to  the  limited  formula.                                                              
Medicaid patients  generally receive less time with  providers, in                                                              
particular,  since the  providers  typically earn  little or  lose                                                              
money  with  Medicaid  patients   so  doctors  generally  tend  to                                                              
restrict visits  with those patients.   Further, there  are limits                                                              
on services, decreased  reimbursement, increased audits,  and more                                                              
rules   and   regulations   with  Medicaid   patients   plus   the                                                              
preauthorization  takes  time.     She  reiterated  her  concerns,                                                              
noting that  between 26  and 40  percent of physicians  nationwide                                                              
are  not  taking   Medicaid  patients  due  to   the  governmental                                                              
restrictions and  interference with their medical  practices.  She                                                              
noted  that  in the  past  physicians  often took  charity  cases;                                                              
however,  Medicaid  and Medicare  have  restricted  the amount  of                                                              
charity care  physicians can perform.   She encouraged  members to                                                              
visit U.S. Senator Tom Coburn's website, M.D., for information.                                                                 
                                                                                                                                
DR.  FARR also  encouraged  members  to  visit the  University  of                                                              
Virginia's  study. She  expressed considerable  concern about  the                                                              
proposed expansion  of Medicaid due  to the potential  decrease in                                                              
the quality of health care in Alaska.                                                                                           
                                                                                                                                
DR.  FARR turned  to  the ACA  [slide 5].    She highlighted  some                                                              
positives  of  implementing  ACA,   including  the  Alaska  Native                                                              
Tribal  Health   Consortium  (ANTHC)  funding  and   coverage  for                                                              
children up until the ages of 26.                                                                                               
                                                                                                                                
12:06:47 PM                                                                                                                   
                                                                                                                                
DR. FARR said  she found coverage of preexisting  conditions to be                                                              
a "mixed  bag."  In some  ways coverage of preexisting  conditions                                                              
is good for patients,  but in other ways it will  drive up private                                                              
insurance  premiums.     She  predicted   that  people   will  buy                                                              
insurance when  they are ill and  then drop it.  She  recalled Mr.                                                              
Bush's  prior  testimony  on  ACHIA,  in  which  people  drop  the                                                              
program once  they receive services.   She anticipated  the effect                                                              
of  ACA will  increase insurance  costs.   She  pointed out  there                                                              
would be a 40  percent tax on the insurance premiums  estimated to                                                              
effect  100  percent  of  the  private   Alaska  market  by  2018.                                                              
Additionally,  it will  eliminate  health savings  accounts.   She                                                              
offered  her support  for HSA's  since the  patient actually  sees                                                              
the cost  of services  and are  much more  likely to shop  wisely.                                                              
Indiana conducted  a study,  and actually  subsidized some  of the                                                              
health savings  accounts for specific  individuals.   She reported                                                              
taxes  will  increase  from  $95  or 2.5  percent  of  income  for                                                              
businesses.   She indicated  that she hasn't  been able  to figure                                                              
out what services  to provide her employees even  though she would                                                              
like to comply.   In fact, it  will take small businesses  time to                                                              
sort through.                                                                                                                   
                                                                                                                                
DR.  FARR stated  that  the marketplace  exchanges  will start  in                                                              
October  2013.    At  this  time,   she  was  only  aware  of  two                                                              
providers,  Premera Blue  Cross  and ODS  Health  Plan, Inc.  [now                                                              
Moda  Health),  who  will  participate.   She  reported  that  the                                                              
application   form   instructions   consist   of  20   pages   for                                                              
individuals and 65 pages for companies.                                                                                         
                                                                                                                                
DR.  FARR  offered  her understanding  of  how  this  will  affect                                                              
patients [slide  6].  She  predicted that insurance  premiums will                                                              
increase.   One provision she  is seeing  in her practice  is non-                                                              
coverage of  spouses.   She said  employees are suffering  cutback                                                              
in  employment hours  and some  insurance  companies are  "pulling                                                              
out of the  market" and taxes  are increasing.  She  recapped that                                                              
18  new taxes  will help  pay  for the  ACA.   She  was unsure  of                                                              
whether some provisions  of the Act that may or may  not have been                                                              
repealed, or that might be repealed in the future.                                                                              
                                                                                                                                
12:10:21 PM                                                                                                                   
                                                                                                                                
DR.  FARR,  according to  a  survey  conducted by  the  Physicians                                                              
Foundation in  2012, sent out  e-mails to 600,000  physicians, and                                                              
received  13,500  responses.   She  characterized  the  survey  as                                                              
"being  fairly  accurate".    She said  the  survey  indicated  60                                                              
percent of  physicians would retire  now if they could  afford it,                                                              
that 26  percent would  not take  Medicaid.   However, Alaska  has                                                              
one  of the  better  Medicaid  reimbursement  systems  and is  the                                                              
highest or  second highest in the  state [slide 7].   She reported                                                              
that  52 percent  of physicians  have limited  access to  Medicare                                                              
patients  due to  low  reimbursement rates,  while  50 percent  of                                                              
physicians plan  to cut back  on patients, work  part-time, switch                                                              
to concierge medicine  or reduce patient access to  services.  The                                                              
more  paperwork and  preauthorization takes  physicians away  from                                                              
their  patients.   In  fact, the  more paperwork  that  physicians                                                              
must fill out would be reducing patient access                                                                                  
                                                                                                                                
DR. FARR  again said that providers  now spend over 22  percent of                                                              
their  time on  non-clinical paperwork.   However,  she noted  her                                                              
time  is actually  closer to  25 percent.   She  reported that  59                                                              
percent of  physicians indicated the  passage of the ACA  has made                                                              
them less  positive of the future  of healthcare, 47  percent have                                                              
significant concerns  about EMR.  Most physicians  in primary care                                                              
felt  that  electronic  health  records  decrease  the  number  of                                                              
patients   they  can  see.     She   summarized  that   basically,                                                              
physicians   are  experiencing   increased   workload,   decreased                                                              
reimbursement,  including  16  percent   fewer  patients  than  in                                                              
20018.    As mentioned  previously,  preauthorization  and  audits                                                              
take physicians away from patients.                                                                                             
                                                                                                                                
12:13:09 PM                                                                                                                   
                                                                                                                                
DR. FARR  reported that  she conducted an  informal survey  of 400                                                              
physicians  in Anchorage in  2008.   At that  time, 67  percent of                                                              
providers  planned to  opt  out of  Medicare/Medicaid  if ACA  was                                                              
enacted.   She  characterized this  survey as  a "telling"  survey                                                              
that  indicated the  level of  concern  about federal  regulations                                                              
going  into effect.   Further, a  2013 survey  by Merritt  Hawkins                                                              
just released  this month indicates  - nationwide - 60  percent of                                                              
facilities  are  short of  primary  care  physicians,  which is  a                                                              
significant  problem.     The  American  Association   of  Medical                                                              
Colleges  recently  released  a  study that  showed  a  nationwide                                                              
shortage  of providers  of over  91,000  by 2020.   She  predicted                                                              
that there will  be a tremendous shortage of providers.   She said                                                              
57  percent  of providers  are  choosing  to be  employed  through                                                              
larger  entities  to  help  them  through  the  transition.    She                                                              
estimated  that  approximately 33  percent  of physicians  are  in                                                              
private practice,  in part, due  to the increased  cost, increased                                                              
regulations,  and student  loan debt.   She reported  that  in the                                                              
1950s,  75 percent  of medical  doctors belonged  to the  American                                                              
Medical Association  (AMA), which  is now  reduced to  15 percent.                                                              
She  mentioned  this since  people  think  the AMA  represent  all                                                              
physicians.     She  surmised  that   10  percent  of   the  AMA's                                                              
membership dropped once it supported the ACA.                                                                                   
                                                                                                                                
12:16:26 PM                                                                                                                   
                                                                                                                                
DR.  FARR  touched   on  potential  solutions  [slide   9].    She                                                              
suggested  that health  savings  account (HSA)  systems should  be                                                              
allowed for  all ages.   First, she  emphasized the  importance of                                                              
the HSAs, which  she thought should be birth to  death account and                                                              
part of the  Medicare options.  Second, she  supported legislation                                                              
before  the  Congress  such  as  U.S.  Senator  Coburn's  bill  on                                                              
patient  choice.   She  said  he  is 1  of  17 physicians  in  the                                                              
Congress.    She  also supported  U.S.  Senator  Lisa  Murkowski's                                                              
Medicare bill,  which would allow  patients whose  physicians have                                                              
opted  out to  receive Medicare  reimbursements  for some  out-of-                                                              
pocket  expenses.   Third, she  supported having  fewer rules  and                                                              
regulations.      She  indicated   additional   documentation   or                                                              
requirements  add to the  costs.  Fourth,  she offered  her belief                                                              
that educational and  not punitive audits are needed.   Fifth, she                                                              
supported  concierge  medicine.   Basically,  this  would allow  a                                                              
patient to pay a  physician a monthly amount to be  a patient.  It                                                              
gives  providers  financial  certainly,  which  could  help  rural                                                              
providers.   She pointed  out that liability  reform is  always an                                                              
issue.   Finally, she supported  the Washington,  Wyoming, Alaska,                                                              
Montana,  and  Idaho  program  (WWAMI)   program,  and  increasing                                                              
resident slots since it helps students attend medical school.                                                                   
                                                                                                                                
DR.  FARR  concluded  by  reminding   members  that  mandates  for                                                              
physicians  takes them  away from  patient care.   She  emphasized                                                              
that  the amount  of time  patients spend  with providers  impacts                                                              
outcomes.                                                                                                                       
                                                                                                                                
12:18:45 PM                                                                                                                   
                                                                                                                                
SENATOR  DYSON asked  whether it's  true that  the liability  laws                                                              
are  among  the  best  in  the   nation.    He  indicated  several                                                              
physicians he  knows are concerned  about the security  of meeting                                                              
the Health Insurance  Portability and  Accountability Act  of 1996                                                            
(HIPPA) requirements due to electronic records.                                                                                 
                                                                                                                                
DR. FARR  answered that both  are valid  points.  With  respect to                                                              
the  security  of electronic  health  records,  she said  she  has                                                              
shared the  concerns and  does not  use electronic records  except                                                              
to scan  in chart  notes in  PDF file  formats.  She  acknowledged                                                              
that  the information  is stored  on  servers or  in "clouds"  and                                                              
physicians don't have  any control over the record.   She reported                                                              
that  HIPPA  allowed  2  million  entities  access  to  electronic                                                              
health records.                                                                                                                 
                                                                                                                                
SENATOR DYSON asked about the liability.                                                                                        
                                                                                                                                
DR. FARR answered  yes; but she believes the  courts have reversed                                                              
some of  the liability provisions,  although she was  uncertain of                                                              
the details.                                                                                                                    
                                                                                                                                
SENATOR DYSON  asked how the  legislature could fix  the liability                                                              
issues.                                                                                                                         
                                                                                                                                
DR. FARR  recalled that the  Alaska State Medical  Association has                                                              
been focused on  this issue.  She offered to put  Senator Dyson in                                                              
touch with one of the association members.                                                                                      
                                                                                                                                
SENATOR  GIESSEL  commended Dr.  Farr  as a  practicing  physician                                                              
with the  most knowledge  on the  ACA.   She noted that  providers                                                              
other than  doctors provide  healthcare services, including  nurse                                                              
practitioners,  nurse  midwives,  and naturopaths,  who  focus  on                                                              
wellness.   According to Alaska  Health Care Commission,  Milliman                                                              
Client Report [Physician  Payment Rates in Alaska  and. Comparison                                                              
States]  pointed out  doctors are  charging very  high fees.   She                                                              
asked  what  physicians  are doing  to  address  the  astronomical                                                              
charges.   She  questioned that  staff and  supply charges  causes                                                              
Alaska's health  care costs to be  twice or four times  as much as                                                              
other states in the Pacific Northwest.                                                                                          
                                                                                                                                
DR. FARR  indicated that some  specialties charge more  than other                                                              
places;  however, she  recalled  primary care  rates  were at  127                                                              
percent,  which  she  thought was  pretty  consistent  with  other                                                              
service industries.   She was unsure  what the cost  drivers were,                                                              
but some  technology will  reduce costs,  such as patients  having                                                              
the ability  to monitor lab work  and other tests.   She predicted                                                              
"a whole  revolution" will  actually bring  healthcare costs  down                                                              
considerably  if the devices  meet federal  approval.   She agreed                                                              
the rules and  regulations apply not only to  physicians but other                                                              
healthcare providers.                                                                                                           
                                                                                                                                
12:24:00 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KELLER  recalled  a physician's  testimony  before                                                              
the Alaska Health  Care Commission who said the only  way he could                                                              
envision  surviving was  "concierge"  medicine.   He  asked for  a                                                              
definition and further direction for the legislature.                                                                           
                                                                                                                                
DR. FARR  opined that  [concierge medicine]  would help;  however,                                                              
she has  heard "mixed  reviews"  on this.   She recalled  previous                                                              
insurance  commissioners questioned  implementing  this in  Alaska                                                              
since Alaska pre-collects  and is considered an  insurance entity.                                                              
She said  she thinks  it's important  to work  with the  insurance                                                              
companies  since basic  care is  provided in  "our offices."   She                                                              
suggested that  the attorney general  should research  that issue,                                                              
since  it may  help retain  primary  care physicians.   She  noted                                                              
some places  are using concierge  services, such that  the patient                                                              
comes  in  and pays  a  $2,500  lump  sum for  a  physical,  which                                                              
entitles  the patient to  four free  visits the  rest of  the year                                                              
instead  of charging  a monthly  fee.   She added  that she  would                                                              
like  to see  the legislature  work on  the issue.   Further,  she                                                              
suggested that  health care freedom  bill would help.   This would                                                              
allow  any patient  or provider  to make a  decision on  services.                                                              
For example,  in Canada  a patient  cannot pay  for an  individual                                                              
service, but this should be allowed in the U.S.                                                                                 
                                                                                                                                
REPRESENTATIVE  KELLER  appreciated   her  taking  time  from  her                                                              
practice to testify.                                                                                                            
                                                                                                                                
DR.  FARR  estimated it  cost  her  $800  to participate  in  this                                                              
committee hearing.                                                                                                              
                                                                                                                                
REPRESENTATIVE  TARR related  her understanding  that the  medical                                                              
home model  that has  been implemented  at Anchorage  Neighborhood                                                              
Health  Center  is  the  direction   the  [medical  community]  is                                                              
taking.   She questioned whether,  in terms of private  individual                                                              
providers, there  was general agreement  that the state  is moving                                                              
away from  that model.   As the medical  home model  is integrated                                                              
more  fully,  she  asked  whether  some  of  the  issues  will  be                                                              
resolved  and if this  is more  of a transition  period  since her                                                              
impression was  that primary care  providers would not  have their                                                              
own offices.                                                                                                                    
                                                                                                                                
DR.  FARR  acknowledged  this  has been  the  trend  although  she                                                              
totally disagrees  with it.   She  said she  has been the  medical                                                              
home  for her  patients  for many  years and  is  able to  totally                                                              
focus on  her patients.   She  pointed out  the Alaska  Academy of                                                              
Family  Practice  has had  several  presentations  on the  medical                                                              
home models.  She  identified the problem as one  that it takes so                                                              
much time  away from  the individual  provider since the  provider                                                              
is supervising  all of the other  services.  She pointed  out that                                                              
overhead  increases  since  the   physician  is  overseeing  other                                                              
services.   She recalled  testimony from  a Colorado provider  who                                                              
said he/she  is now  performing Botox  and dermatology  treatments                                                              
for  patients.   She offered  her belief  that she  is trained  to                                                              
treat  diabetes and  hypertension, but  not esthetician  services,                                                              
which  she would  object to  doing.   In fact,  she predicted  the                                                              
medical home  model would increase  costs.  Instead,  she believes                                                              
the focus should  be on primary care physicians  and allowing them                                                              
to  work  best,  whether  in  a  private  office,  an  established                                                              
clinic, or  at the  Alaska Native Medical  Center.   She concluded                                                              
that the  model does  not work in  her practice  since she  is the                                                              
medical  home  and she  essentially  provides  concierge  medicine                                                              
although she is not in that fee model.                                                                                          
                                                                                                                                
DR. FARR  suggested Mr.  Davis could  provide testimony  on Alaska                                                              
Comprehensive Health Insurance Association (ACHIA).                                                                             
                                                                                                                                
CHAIR  REINBOLD  opened  public   testimony  and  noted  that  the                                                              
committee would accept comments through October 1, 2013.                                                                        
                                                                                                                                
12:31:27 PM                                                                                                                   
                                                                                                                                
MR. DAVIS recalled  the comments Dr. Farr referred  to are ones he                                                              
made at  the Alaska  Health Care  Commission  recently.  He  noted                                                              
that  he has  the  privilege  of being  the  chair  of the  Alaska                                                              
Comprehensive Health  Insurance Association (ACHIA)  also known as                                                              
the high-risk  pool.   With the  passage of  the ACA, the  federal                                                              
government  created   a  Pre-Existing  Condition   Insurance  Plan                                                              
(PCIPs).   Governor Parnell asked  ACHIA to set up  and administer                                                              
the federal  preexisting condition  pool alongside the  ACHIA plan                                                              
- with a firewall  between them.  The ACHIA began  doing this July                                                              
2011, but it will  go away as of December 31, 2013.   He explained                                                              
that  the preexisting  pools are  stop  gap measures  anticipating                                                              
guarantee issue  and no preexisting condition exclusions  in 2014.                                                              
In essence  this allows  someone  who has been  uninsured  for six                                                              
months  to  come  into  the  federal   pool  with  no  preexisting                                                              
conditions  exclusions,  limitations,  or  waiting  periods.    He                                                              
reported  that the  plan  has had  40 patients  at  any one  time,                                                              
which  he  characterized  as being  a  churning  enrollment  since                                                              
people move in  and out of the  plan.  He offered an  example of a                                                              
patient  who  acquired  the  preexisting   insurance  just  for  a                                                              
particular service,  a total knee replacement, for  $250,000, paid                                                              
premiums  for three  months and  then  dropped her  coverage.   He                                                              
reported that  she paid approximately  $3,000 in premiums  for the                                                              
service.   He  characterized  her as  "a house  on  fire" type  of                                                              
patient.   He recalled the Forbes  article mentioned a  patient in                                                            
Washington [state] in  the 1990s who said she had  enrolled in the                                                              
health plan  during pregnancy, but  dropped out once the  baby was                                                              
born.   That  patient  commended  the  service and  indicated  she                                                              
would be back if  she gets pregnant again.  This  illustrates what                                                              
Premera Blue  Cross anticipates will  happen under the  new rules.                                                              
The Premera  Blue Cross actuarials  refer to this as  "jumping and                                                              
dumping"  since the  patient jumps  in when  he/she needs  service                                                              
and dumps it  when the service is  no longer needed.   He recalled                                                              
Representative  Olson mentioning that  this will create  financial                                                              
pressure upwards on  rates and it is yet to be  seen how that will                                                              
play out.                                                                                                                       
                                                                                                                                
12:34:46 PM                                                                                                                   
                                                                                                                                
REPRESENTATIVE TARR  asked whether  an opportunity exists  to make                                                              
changes to how the pool will be applied.                                                                                        
                                                                                                                                
MR. DAVIS  offered  his belief that  this will  evolve over  time,                                                              
for  example, some  rules  could  be placed  with  respect to  the                                                              
ability to  "jump in"  and "jump  out" provisions.   It  may allow                                                              
people to  "jump in"  during open enrollment,  but if  coverage is                                                              
dropped the person  must be out for a set time,  perhaps two years                                                              
to  discourage  people  from  the  aforementioned  behavior.    He                                                              
predicted the ACA rules will evolve over the next 10-15 years.                                                                  
                                                                                                                                
12:36:26 PM                                                                                                                   
                                                                                                                                
CHAIR REINBOLD indicated  that the committee's work  on this issue                                                              
would be ongoing.                                                                                                               
                                                                                                                                
12:37:48 PM                                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There  being  no  further  business   before  the  committee,  the                                                              
Administrative Regulation  Review Committee meeting  was adjourned                                                              
at 12:38 p.m.                                                                                                                   

Document Name Date/Time Subjects
ARRC Agenda 6.25.2013.pdf JARR 6/25/2013 10:00:00 AM
ARRC Division of Insurance.pdf JARR 6/25/2013 10:00:00 AM
ARRC Dr. Ilona Farr.pdf JARR 6/25/2013 10:00:00 AM
ARRC Premera Blue Cross.pdf JARR 6/25/2013 10:00:00 AM
ARRC Agenda 6.25.2013.pdf JARR 6/25/2013 10:00:00 AM
Alaska Health Care CommissionOverview.pdf JARR 6/25/2013 10:00:00 AM