Legislature(2023 - 2024)ADAMS 519

04/20/2023 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 58 ADULT HOME CARE; MED ASSISTANCE TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 59 MEDICAID ELIGIBILITY: POSTPARTUM MOTHERS TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 20, 2023                                                                                            
                         1:34 p.m.                                                                                              
                                                                                                                                
                                                                                                                                
1:34:10 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Foster  called the House Finance  Committee meeting                                                                    
to order at 1:34 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Bryce Edgmon, Co-Chair                                                                                           
Representative Neal Foster, Co-Chair                                                                                            
Representative DeLena Johnson, Co-Chair                                                                                         
Representative Julie Coulombe                                                                                                   
Representative Mike Cronk                                                                                                       
Representative Alyse Galvin                                                                                                     
Representative Sara Hannan                                                                                                      
Representative Andy Josephson                                                                                                   
Representative Dan Ortiz                                                                                                        
Representative Frank Tomaszewski                                                                                                
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Will Stapp                                                                                                       
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Tony Newman,  Director, Division of Senior  and Disabilities                                                                    
Services,  Department of  Health;  Renee Gayhart,  Director,                                                                    
Division  of Health  Care  Services,  Department of  Health;                                                                    
Emily Ricci, Deputy Commissioner, Department of Health.                                                                         
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Marge Stoneking, Advocacy  Director, AARP Alaska, Anchorage;                                                                    
Robert   Tasso,   Health   and  Social   Services   Planner,                                                                    
Governor's  Council on  Disabilities and  Special Education,                                                                    
Anchorage; Brooke Ivy, Vice  President, Policy and Advocacy,                                                                    
Alaska  Children's  Trust  (ACT), Anchorage;  Jamie  Morgan,                                                                    
Government   Relations   Regional   Lead,   American   Heart                                                                    
Association (AHA), Sacramento, California.                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 58     ADULT HOME CARE; MED ASSISTANCE                                                                                       
                                                                                                                                
          HB 58 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
HB 59     MEDICAID ELIGIBILITY: POSTPARTUM MOTHERS                                                                              
                                                                                                                                
          HB 59 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
Co-Chair Foster  reviewed the meeting  agenda. He  noted the                                                                    
plan was to  hold the bills and wait for  the Senate version                                                                    
to come to the committee the following week.                                                                                    
                                                                                                                                
HOUSE BILL NO. 58                                                                                                             
                                                                                                                                
     "An Act  relating to medical assistance  for recipients                                                                    
     of Medicaid  waivers; establishing  an adult  care home                                                                    
     license  and procedures;  providing for  the transition                                                                    
     of  individuals from  foster care  to  adult home  care                                                                    
     settings; and providing for an effective date."                                                                            
                                                                                                                                
1:35:16 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster  asked staff from  the Department  of Health                                                                    
(DOH) to review the fiscal notes.                                                                                               
                                                                                                                                
TONY NEWMAN,  DIRECTOR, DIVISION OF SENIOR  AND DISABILITIES                                                                    
SERVICES, DEPARTMENT  OF HEALTH,  thanked the  committee for                                                                    
hearing the bill  again. He briefly explained  that the bill                                                                    
would provide elderly Alaskans  and adults with disabilities                                                                    
enrolled in  the Medicaid home  and community  based waivers                                                                    
with a  new living option  called adult home care.  The bill                                                                    
established a  new licensed residential  setting type  and a                                                                    
new  certified service  that would  be overseen  by DOH.  He                                                                    
offered  to take  questions or  provide an  overview of  the                                                                    
fiscal notes.                                                                                                                   
                                                                                                                                
Co-Chair Foster asked for a review of the fiscal notes.                                                                         
                                                                                                                                
Mr.  Newman reviewed  the first  fiscal note,  OMB component                                                                    
number 2663,  control code fpGii. The  fiscal note primarily                                                                    
funded  one  position  to  begin   in  FY  25,  which  would                                                                    
implement and  operationalize the  adult home  care service.                                                                    
The   work  would   entail  developing   the  organizational                                                                    
procedures  around certifying  and monitoring  providers who                                                                    
offer the service, in addition  to certifying and monitoring                                                                    
the providers.  The position was  new, and it  would involve                                                                    
setting up  the program,  providing training, and  making it                                                                    
clear  to  families  and  providers   how  the  service  was                                                                    
different from  existing service options. The  note included                                                                    
the salary  of $119,100  for one  health program  manager II                                                                    
with $2,300  for some minimal  travel, $14,000  for services                                                                    
(i.e.,  core service  costs for  an  employee including  IT,                                                                    
lease costs, HR, and fiscal  management services costs), and                                                                    
$4,000 for  commodities. The costs  would be funded  with 50                                                                    
percent federal Medicaid funds and  50 percent state general                                                                    
Medicaid funds.                                                                                                                 
                                                                                                                                
1:38:28 PM                                                                                                                    
                                                                                                                                
Mr.  Newman reviewed  the second  fiscal note  OMB component                                                                    
number 3234, control  code boKBB. The note was  zero and had                                                                    
been  compiled  by  the department  to  demonstrate  to  the                                                                    
legislature that  it had  considered what  it would  cost to                                                                    
add a  new service. The  department had determined  it would                                                                    
have a net  zero impact on the Medicaid  Services budget. He                                                                    
reminded the committee  that the service was  for people who                                                                    
were already eligible for Medicaid  home and community based                                                                    
waiver services. He  explained it would be  a more expensive                                                                    
service in some cases and  a less expensive service in other                                                                    
cases, leading to a net zero estimate.                                                                                          
                                                                                                                                
1:39:32 PM                                                                                                                    
                                                                                                                                
RENEE GAYHART,  DIRECTOR, DIVISION OF HEALTH  CARE SERVICES,                                                                    
DEPARTMENT  OF HEALTH,  reviewed the  last fiscal  note, OMB                                                                    
component  number 245,  control code  Pvlvr. The  department                                                                    
was requesting  one PCN [position control  number] beginning                                                                    
in FY  25 for  $105,000 with $10,000  in travel,  $14,000 in                                                                    
services,  and $1,000  in  commodities.  The department  was                                                                    
looking  at  licensing approximately  40  new  homes in  the                                                                    
first  year  and  the  position  would  be  responsible  for                                                                    
regulations  drafting,  policies and  procedures,  training,                                                                    
and outreach to  the new provider types.  The department was                                                                    
requesting an  additional PCN  in FY  29 to  reflect doubled                                                                    
cost.  She explained  there was  an  uptick any  time a  new                                                                    
license  provider  type came  on  board  and the  department                                                                    
assumed  it  would  continue to  see  additional  facilities                                                                    
wanting  to be  licensed under  the program;  therefore, the                                                                    
department was  projecting 40  new homes  in the  first year                                                                    
and a similar  amount in the outyears.  The department would                                                                    
also  have  to do  recertifications  or  relicensing in  the                                                                    
fifth year.  She explained  the original  licensed providers                                                                    
would be relicensed as new  licenses were coming on board as                                                                    
well.  She relayed  that if  the funding  was approved,  the                                                                    
department would be  able to submit a path  for the position                                                                    
in FY  29 and attach the  approval of HB 58.  The department                                                                    
would still have to go through  the budget and the Office of                                                                    
Management   and  Budget   (OMB)  to   get  a   PCN  through                                                                    
classification.                                                                                                                 
                                                                                                                                
1:41:55 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster OPENED public testimony.                                                                                        
                                                                                                                                
MARGE STONEKING,  ADVOCACY DIRECTOR, AARP  ALASKA, ANCHORAGE                                                                    
(via teleconference), read from prepared remarks:                                                                               
                                                                                                                                
     AARP   strongly   supports  continued   expansion   and                                                                    
     improvement   of  home   and  community   based  waiver                                                                    
     services  to  better  serve  our  fast  growing  senior                                                                    
     population, including  offering a range  of residential                                                                    
     settings. The  vast majority  of us  want to  remain in                                                                    
     our own  homes and communities  as we age and  prefer a                                                                    
     home   setting   over   a   nursing   home   or   other                                                                    
     institutional settings.  Of course,  as you  know, home                                                                    
     and community based services (HCBS)  cost a fraction of                                                                    
     what otherwise  required nursing home care  would cost.                                                                    
     In  the home  care workforce  crisis combined  with our                                                                    
     rapidly  aging population,  its  threatening access  to                                                                    
     HCBS for  private pay and  state pay alike and  that is                                                                    
     already   driving    people   into    assisted   living                                                                    
     facilities. This  could additionally drive  elders into                                                                    
     institutional care  and because few can  afford nursing                                                                    
     home  care,  could  ultimately  increase  the  Medicaid                                                                    
     rolls.  That's why  we need  to  use all  tools in  the                                                                    
     toolbox  to expand  home  and  community based  service                                                                    
     options  using proven  service models  from across  the                                                                    
     nation   to  offer   choices   to   appeal  to   waiver                                                                    
     participants and perspective workers alike.                                                                                
                                                                                                                                
     Adult home care is one  such solution and AARP welcomes                                                                    
     the  administration proposing  adult  home  care as  an                                                                    
     additional  service option  and adult  care homes  as a                                                                    
     new residential  setting for [inaudible]  residents. It                                                                    
     is our understanding that HB  58 will provide a pathway                                                                    
     to   creating  a   lower   administrative  burden   for                                                                    
     operators  than group  assisted  living  homes and  the                                                                    
     intent  is to  offer elders  and others  the option  of                                                                    
     more homelike  settings with  lower level  services and                                                                    
     fewer residents.  For these  reasons, AARP  supports HB
     58 and looks forward to  working with the department on                                                                    
     regulations  required in  the  bill. We  also urge  the                                                                    
     Department  of   Health,  with   the  support   of  the                                                                    
     legislature,  to stand  up additional  initiatives that                                                                    
     directly support  the aging in  place component  of the                                                                    
     governor's   Healthy  Families   Initiative,  including                                                                    
     participant directed  care. Aging in place  is what the                                                                    
     vast majority  of older  Alaskans want  to do  and home                                                                    
     care services and support cost  the state a fraction of                                                                    
     what institutional care does.                                                                                              
                                                                                                                                
Co-Chair  Foster  noted  that  Representative  Coulombe  had                                                                    
joined the meeting.                                                                                                             
                                                                                                                                
1:45:52 PM                                                                                                                    
                                                                                                                                
ROBERT   TASSO,   HEALTH   AND  SOCIAL   SERVICES   PLANNER,                                                                    
GOVERNOR'S  COUNCIL ON  DISABILITIES AND  SPECIAL EDUCATION,                                                                    
ANCHORAGE  (via teleconference),  spoke  in  support of  the                                                                    
legislation and  the companion bill  SB 57.  The legislation                                                                    
would  expand   home  and   community  based   services  and                                                                    
establish a new residential  setting category for adult home                                                                    
care.  The  bill  would establish  several  main  goals  for                                                                    
stakeholders,  particularly   allowing  legally  responsible                                                                    
individuals  including family  members to  care for  seniors                                                                    
and individuals  with disabilities and to  receive financial                                                                    
support  for the  service.  The bill  would  also allow  for                                                                    
continuity of care for individuals  to provide the necessary                                                                    
support for the  family providing care and  would lower cost                                                                    
and  decrease the  administrative  burden normally  required                                                                    
for  an adult  assisted living  home. The  bill provided  an                                                                    
opportunity   for  enhanced   support   for  caregivers   of                                                                    
individuals with  disabilities or  individuals aging  out of                                                                    
the  foster   care  system.   He  highlighted   the  current                                                                    
workforce  crisis  and  relayed  that the  bill  would  help                                                                    
address the  issue that many  providers had  been struggling                                                                    
with. The  governor's council supported  the passage  of the                                                                    
bill.                                                                                                                           
                                                                                                                                
Co-Chair Foster CLOSED public testimony.                                                                                        
                                                                                                                                
Representative  Galvin asked  if the  fiscal notes  included                                                                    
receipts for licenses. She wondered if  it was not a part of                                                                    
the overall consideration.                                                                                                      
                                                                                                                                
Ms.  Gayhart  replied  that  it  would  not  be  taken  into                                                                    
consideration until  DOH drafted the  regulations. Currently                                                                    
the license  fee was  quite low  at about  $25 per  bed. The                                                                    
department had not  factored it into account  because it did                                                                    
not yet know how many  beds would come online. She explained                                                                    
it  would be  included  in the  outyears.  She stated  there                                                                    
would be limited receipts, but not to begin with.                                                                               
                                                                                                                                
Representative Galvin  wondered if it  was common to  have a                                                                    
placeholder  in future  years for  accounting purposes.  She                                                                    
suggested making note of the issue in the drafting.                                                                             
                                                                                                                                
HB  58  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Foster noted  he intended to schedule  the bill the                                                                    
following week. His staff would  work with committee members                                                                    
regarding an amendment deadline.                                                                                                
                                                                                                                                
HOUSE BILL NO. 59                                                                                                             
                                                                                                                                
     "An  Act relating  to  Medicaid eligibility;  expanding                                                                    
     eligibility  for postpartum  mothers; conditioning  the                                                                    
     expansion  of eligibility  on  approval  by the  United                                                                    
     States  Department of  Health and  Human Services;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
1:50:46 PM                                                                                                                    
                                                                                                                                
Co-Chair   Foster  requested   a   brief   summary  of   the                                                                    
legislation and a review of the fiscal notes.                                                                                   
                                                                                                                                
EMILY  RICCI,  DEPUTY  COMMISSIONER, DEPARTMENT  OF  HEALTH,                                                                    
explained  that the  bill would  extend postpartum  coverage                                                                    
from  60  days to  12  months.  The department  provided  an                                                                    
overview and presentation  of the bill to  the committee the                                                                    
previous week.  She reviewed the  fiscal note  OMB component                                                                    
number 3234, control  code IgvwY. The fiscal  note was based                                                                    
on  an  FY  25  starting   date,  which  would  provide  the                                                                    
Department  of Health  (DOH) sufficient  time  to enact  the                                                                    
regulatory   and  federal   state  plan   amendment  changes                                                                    
necessary to extend coverage from  60 days to 12 months. She                                                                    
remarked that  the department  would do  the work  faster if                                                                    
possible. The total estimated funds  were around $9 million,                                                                    
which  included anticipated  claims costs  contained on  the                                                                    
Medicaid  Services line  with a  combined funding  source of                                                                    
$6.4 million  in federal  receipts and  $2.6 million  in UGF                                                                    
annually. She added the costs  could change depending on the                                                                    
actual  experience incurred  by  individuals  over the  next                                                                    
year   to   five   years.  The   funding   ratio   reflected                                                                    
approximately  28 percent  UGF match  to 72  percent federal                                                                    
receipt authority. There were  no positions requested in the                                                                    
fiscal note.                                                                                                                    
                                                                                                                                
Ms.  Ricci reviewed  an analysis  of  underlying the  claims                                                                    
assumptions created  by DOH. She  relayed that  the Division                                                                    
of Health Care Services looked  back at 2018 through 2020 to                                                                    
identify the  number of women who  had a gap in  coverage or                                                                    
lost coverage between  the 60-day mark and  the proposed 12-                                                                    
month  period.  There  were  a  total  of  just  over  3,600                                                                    
beneficiaries  who lost  or experienced  a  gap in  coverage                                                                    
during the time  period. She detailed that  just under 1,600                                                                    
of  the  total lost  coverage  completely  after the  60-day                                                                    
period and did not reenroll  in the Medicaid program through                                                                    
another  eligibility   category.  She  explained   that  the                                                                    
individuals   may   have   had  other   coverage,   remained                                                                    
uninsured,  or  could  have   participated  in  the  federal                                                                    
exchange.  About 2,000  of the  total experienced  a gap  in                                                                    
coverage between the 60-day period  and 12-month period. She                                                                    
elaborated that  perhaps individuals were  disenrolled after                                                                    
that 60-day  period but were reenrolled  in another Medicaid                                                                    
eligibility  category two  to  five  months later  (sometime                                                                    
between the 60 days and 12 months).                                                                                             
                                                                                                                                
Ms. Ricci  continued to explain  the methodology  behind the                                                                    
numbers in  the fiscal  note. The  department looked  at the                                                                    
number of beneficiaries  who had lost coverage or  had a gap                                                                    
in coverage  and had calculated  what the  estimated monthly                                                                    
cost would be  without a gap or  discontinuation of coverage                                                                    
for individuals during the time  period [between 60 days and                                                                    
12  months]. The  cost was  calculated  to be  approximately                                                                    
$566 per beneficiary per month.  The department then applied                                                                    
the  different   federal  match  that  would   be  available                                                                    
depending on the category of  eligibility the individual may                                                                    
be  covered under.  For example,  the typical  match was  50                                                                    
percent  federal/50 percent  state;  however, tribal  health                                                                    
members  or  beneficiaries   received  100  percent  federal                                                                    
match. Based  on the information, the  division estimated $9                                                                    
million in  additional claims with approximately  28 percent                                                                    
state match to 78 percent federal match.                                                                                        
                                                                                                                                
1:55:51 PM                                                                                                                    
                                                                                                                                
Representative  Josephson considered  a  scenario where  the                                                                    
program  coverage time  could be  extended more  rapidly. He                                                                    
used a January 15 [2024] start  date as an example. He asked                                                                    
if   the  department   would  bring   it  online   and  seek                                                                    
supplemental  funding.  He  communicated  eagerness  to  get                                                                    
going.                                                                                                                          
                                                                                                                                
Ms. Ricci answered  that the department did  not ever intend                                                                    
to seek to  ask for supplemental funding; DOH  tried to make                                                                    
sure  its  budget  aligned with  its  estimated  costs.  She                                                                    
believed in the  event the department was able  to bring the                                                                    
extended coverage  online earlier,  DOH would work  with its                                                                    
team managing  federal receipt  authority and  general funds                                                                    
to  ensure  the  additional  costs  could  be  covered.  She                                                                    
highlighted the  importance of  estimating claims  costs and                                                                    
building them  into the  foundational budget  when extending                                                                    
coverage long-term.                                                                                                             
                                                                                                                                
Representative  Josephson stated  that the  presentation had                                                                    
made  a real  impression  on the  committee,  which was  the                                                                    
reason for his question.                                                                                                        
                                                                                                                                
Representative Galvin  requested follow up  information from                                                                    
the    department   depicting    the   timeline    for   the                                                                    
implementation process. She offered to help in any way.                                                                         
                                                                                                                                
1:58:01 PM                                                                                                                    
                                                                                                                                
Co-Chair Foster OPENED public testimony.                                                                                        
                                                                                                                                
BROOKE  IVY, VICE  PRESIDENT,  POLICY  AND ADVOCACY,  ALASKA                                                                    
CHILDREN'S  TRUST  (ACT),  ANCHORAGE  (via  teleconference),                                                                    
relayed  that  ACT was  the  statewide  lead agency  on  the                                                                    
prevention of child abuse and  neglect in Alaska. The agency                                                                    
fully supported extending postpartum  coverage to 12 months.                                                                    
She stated  it was a  perfect example of  primary prevention                                                                    
and  it  could  not  align  more  with  ACT's  mission.  She                                                                    
elaborated that  extending the coverage would  give new moms                                                                    
more time to deal with  any post-birth health issues such as                                                                    
postpartum depression,  which often did not  occur until six                                                                    
months or  more after a  baby was  born. She stated  that 41                                                                    
percent  of  the  child  abuse   cases  in  Alaska  involved                                                                    
children  from birth  to four  years of  age, with  children                                                                    
from  birth   to  one  as   the  highest   risk.  Postpartum                                                                    
depression  was   associated  with  an  array   of  negative                                                                    
outcomes   including  decreased   child  safety   practices,                                                                    
decreased  child checkups,  and  bonding difficulty  between                                                                    
mother and  child. The bill would  reduce maternal mortality                                                                    
rates and  would protect  new parents  from medical  debt in                                                                    
the  first year  of  their child's  life.  She relayed  that                                                                    
                 th                                                                                                             
Alaska ranked  44  in the  nation in health. The  agency was                                                                    
excited to see Alaska join over  35 other states to make the                                                                    
extension  permanent.   She  urged  swift  passage   of  the                                                                    
legislation.                                                                                                                    
                                                                                                                                
Co-Chair  Foster stated  the committee  would return  to Ms.                                                                    
Ivy after the next testifier.                                                                                                   
                                                                                                                                
Co-Chair Foster  noted that Representative Ortiz  had joined                                                                    
the meeting.                                                                                                                    
                                                                                                                                
2:00:56 PM                                                                                                                    
                                                                                                                                
JAMIE MORGAN,  GOVERNMENT RELATIONS REGIONAL  LEAD, AMERICAN                                                                    
HEART   ASSOCIATION  (AHA),   SACRAMENTO,  CALIFORNIA   (via                                                                    
teleconference), testified in favor  of the legislation. She                                                                    
relayed that maternal mortality  rates had more than doubled                                                                    
in  the  United  States.  She  detailed  that  instances  in                                                                    
maternal  morbidity  had  lasting  health  consequences  and                                                                    
resulted in  avoidable medical  expenses. She  stated action                                                                    
was  needed  to  improve  health outcomes  for  mothers  and                                                                    
babies. The  AHA recently released a  policy statement call-                                                                    
to-action  on  maternal  health   and  saving  mothers.  The                                                                    
statement  set  a  new  policy   agenda  to  ensure  healthy                                                                    
pregnancies, healthy  births, and healthy moms.  She relayed                                                                    
that  extending  postpartum  Medicaid  coverage  was  a  key                                                                    
recommendation.  The bill  would ensure  parents would  have                                                                    
access to care  during pregnancy and in the  first full year                                                                    
after  birth, providing  parents and  their babies  the best                                                                    
possible start. The agency supported  the bill and urged the                                                                    
committee's support.                                                                                                            
                                                                                                                                
2:02:51 PM                                                                                                                    
                                                                                                                                
Ms. Ivy  continued her previous testimony.  She relayed that                                                                    
postpartum  depression  was  associated  with  an  array  of                                                                    
negative outcomes  and the resulting bonding  difficulty was                                                                    
a  primary  predictor  of child  abuse.  The  agency  looked                                                                    
forward  to seeing  Alaska join  more than  35 other  states                                                                    
that had made the  postpartum extension permanent. She urged                                                                    
swift passage  of the  bill due  to the  long implementation                                                                    
timeline.  She thanked  the governor  for bringing  the bill                                                                    
forward, the Senate for passing the bill to the House, and                                                                      
the committee for providing the opportunity to testify.                                                                         
                                                                                                                                
Co-Chair Foster CLOSED public testimony. He reviewed the                                                                        
email address for public testimony.                                                                                             
                                                                                                                                
HB 59 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Foster relayed the committee would await the                                                                           
Senate bills the following week. He reviewed the schedule                                                                       
for the following day.                                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
2:05:08 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:05 p.m.                                                                                          

Document Name Date/Time Subjects
HB 59 Public Testimony Rec'd by 4-17-23.pdf HFIN 4/20/2023 1:30:00 PM
HB 59
HB 59 HFIN Response questions 041823.pdf HFIN 4/20/2023 1:30:00 PM
HB 59