Legislature(2001 - 2002)
05/11/2002 09:18 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
May 11, 2002
9:18 PM
TAPE HFC 02 - 110, Side A
CALL TO ORDER
Co-Chair Williams called the House Finance Committee meeting
to order at 9:18 PM.
MEMBERS PRESENT
Representative Bill Williams, Co-Chair
Representative Eldon Mulder, Co-Chair
Representative Con Bunde, Vice-Chair
Representative Eric Croft
Representative John Davies
Representative Richard Foster
Representative John Harris
Representative Bill Hudson
Representative Ken Lancaster
Representative Carl Moses
Representative Jim Whitaker
MEMBERS ABSENT
None
ALSO PRESENT
Representative Fred Dyson; Kristin Bomengen, Assistant
Attorney General, Department of Law; Mary Jackson, Staff,
Senate Community and Regional Affairs Committee.
PRESENT VIA TELECONFERENCE
There were no teleconference testifiers.
SUMMARY
SB 364 An Act relating to medical services under the
state Medicaid program.
SB 364 was REPORTED out of Committee with a "do
pass" recommendation and with a previously
published fiscal note: #1 HSS.
CSSB 359(RLS)
"An Act relating to organization grants for
mergers, consolidations, or unifications involving
third class boroughs; and relating to
identification by the Local Boundary Commission of
areas that meet the standards for borough
incorporation."
HCS CSSB 359 (FIN) was REPORTED out of Committee
with a "do pass" recommendation and with a
previously published fiscal note: #2 CED.
SENATE BILL NO. 364
An Act relating to medical services under the state
Medicaid program.
KRISTIN BOMENGEN, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
LAW, testified in opposition. She discussed legal problems
posed by the definition of medically necessary as proposed
by the legislation. The legislation does not meet the terms
of the court case. The court described the case as one that
concerns the state of Alaska's denial of public assistance
to Medicaid eligible women whose health is in danger. The
court concluded that once the state undertakes to fund
medically necessary services for poor Alaskans it cannot
selective exclude women that medically require abortions.
The court case addresses a series of circumstances, which
they believe would lead them to conclude that there is a
group of women that would medically require to have the
procedure made available under the Medicaid program. Some of
the terms in the bill were taken from discussions in the
court case. Significant risks and symptoms that can be
highly dangerous to a developing fetus were addressed by the
court case. The standard was set [by the legislation] at a
place that did not address all the circumstances that the
court considered when they concluded that women had
medically necessary reasons to seek that outcome when
presented with a pregnancy.
Ms. Bomengen referred to page 1, (b)(1)(a):
Adverse physical condition of a pregnant woman that (A)
either is caused by the pregnancy or would be
significantly aggravated by continuation of the
pregnancy;
Ms. Bomengen noted that the court stated:
According to medical evidence provided to the court,
some women particular those that suffer from
preexisting health problems face significant risks if
they cannot obtain abortions.
Ms. Bomengen noted "facing significant risks" is different
from "would be significantly aggravated by continuation of
the pregnancy."
Ms. Bomengen observed that the legislation addresses the
most egregious circumstances of significant risks but does
not address all of the [significant risks]. The court refers
to women with renal disease that may lose a kidney and face
a lifetime of dialysis if they cannot obtain an abortion.
The term used is "may" not "would". There is a possibility
not a certainty. Pregnancy with sickle cell anemia can
accelerate the disease leading to complications. She
concluded that the legislation sets a high bar on what is
considered medically necessary. The result would be two
groups of women served by Medicaid: a group that reaches the
bar of highly serious conditions; and a group where abortion
would be medically necessary but would not pass the standard
that would be applied in the definition. She concluded that
the legislation would result in constitutional challenges
and the court would likely find the definition is too strict
to apply.
Vice-Chair Bunde questioned the costs of defending previous
legislation relating to abortion. Ms. Bomengen noted that
attorney fees were between $200 - $250 thousand dollars.
In response to a question by Co-Chair Williams, Ms. Bomengen
reiterated her belief that the legislation would be
challenged in court. She emphasized that the court spelled
out definitions [of medically necessary] that were not
covered in the legislation. She observed that adverse
physical condition does not permit medications for the
condition such as epilepsy and bipolar.
Representative Foster MOVED to report SB 364 out of
Committee with the accompanying fiscal note. Representative
Croft and Vice-Chair Bunde OBJECTED. Vice-Chair Bunde noted
that there is no middle ground. He noted that his decision
is based on the freedom that he would allow his family.
A roll call vote was taken on the motion.
IN FAVOR: Foster, Harris, Lancaster, Whitaker, Mulder,
Williams
OPPOSED: Bunde, Croft, Davies
Representatives Moses and Hudson were absent from the vote.
The MOTION PASSED (6-3).
SB 364 was REPORTED out of Committee with a "do pass"
recommendation and with a previously published fiscal note:
#1 HSS.
CS FOR SENATE BILL NO. 359(RLS)
"An Act relating to organization grants for mergers,
consolidations, or unifications involving third class
boroughs; and relating to identification by the Local
Boundary Commission of areas that meet the standards
for borough incorporation."
MARY JACKSON, STAFF, SENATE COMMUNITY AND REGIONAL AFFAIRS
COMMITTEE, provided information on SB 359. The bill provides
a change in statute to allow consolidations to receive a
grant from the state as do other entities when they form new
governments. The Senate provided for two, $200 thousand
dollar grants: one for each of the first two years. The
Senate Finance Committee added section 3 and the Senate
Rules Committee deleted the second $200 thousand dollar
dispersement. The fiscal note on the legislation would be
$250 thousand dollars. She observed that there is a problem
with section 3, which was amended in the proposed committee
substitute. The sponsor supports the proposed committee
substitute.
Co-Chair Mulder MOVED to ADOPT proposed committee substitute
22-LS1633\O, 5/11/02. There being NO OBJECTION, it was so
ordered.
Representative Foster MOVED to report HCS CSSB 359 (FIN) out
of Committee with the accompanying fiscal note.
Representative Bunde observed that he has been consistent
with not wanted to expand state funding, but he believed
that by allowing consolidations the residents would take
more local control and need less state funds. There are
opportunities in statute for other size boroughs and cities
to consolidate. There being NO OBJECTION, it was so ordered.
HCS CSSB 359 (FIN) was REPORTED out of Committee with a "do
pass" recommendation and with a previously published fiscal
note: #2 CED.
ADJOURNMENT
The meeting was adjourned at 9:38 PM
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