Legislature(1999 - 2000)

04/06/1999 03:40 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE HEALTH, EDUCATION AND SOCIAL                                                                                     
            SERVICES STANDING COMMITTEE                                                                                         
                   April 6, 1999                                                                                                
                     3:40 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Fred Dyson, Co-Chair                                                                                             
Representative John Coghill, Co-Chair                                                                                           
Representative Joe Green                                                                                                        
Representative Carl Morgan                                                                                                      
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Jim Whitaker                                                                                                     
Representative Tom Brice                                                                                                        
Representative Allen Kemplen                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
Board of Dispensing Opticians                                                                                                   
                                                                                                                                
     James Rothmeyer - Fairbanks                                                                                                
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
* HOUSE BILL NO. 70                                                                                                             
"An Act relating to questionnaires or surveys administered in                                                                   
public schools."                                                                                                                
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
CS FOR SENATE BILL NO. 48(HES)                                                                                                  
"An Act relating to health insurance provided by and provisions                                                                 
relating to the Comprehensive Health Insurance Association."                                                                    
                                                                                                                                
     - MOVED CSSB 48(HES) OUT OF COMMITTEE                                                                                      
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB  70                                                                                                                    
SHORT TITLE: PUBLIC SCHOOL SURVEYS                                                                                              
SPONSOR(S): REPRESENTATIVES(S) DYSON                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/25/99        81     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/25/99        81     (H)  HES                                                                                                 
 4/06/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
BILL: SB  48                                                                                                                    
SHORT TITLE: STATE HEALTH INSURANCE                                                                                             
SPONSOR(S): SENATOR(S) MACKIE                                                                                                   
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/28/99       109     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/28/99       109     (S)  HES, L&C                                                                                            
 2/24/99               (S)  HES AT  1:30 PM BUTROVICH ROOM 205                                                                  
 2/24/99               (S)  MOVED CS (HES) OUT OF COMMITTEE                                                                     
 2/24/99               (S)  MINUTE(HES)                                                                                         
 2/25/99       363     (S)  HES RPT  CS  2DP 2NR      SAME TITLE                                                                
 2/25/99       363     (S)  DP: MILLER, ELTON; NR:WILKEN, PETE                                                                  
                            KELLY                                                                                               
 2/25/99       363     (S)  ZERO FISCAL NOTE (DCED)                                                                             
 3/16/99               (S)  L&C AT  1:30 PM                                                                                     
 3/16/99               (S)  MOVED CS (HES) OUT OF COMMITTEE                                                                     
 3/16/99               (S)  MINUTE(L&C)                                                                                         
 3/17/99       583     (S)  L&C RPT  (HES) CS 3DP 2NR                                                                           
 3/17/99       583     (S)  DP: MACKIE, TIM KELLY, DONLEY;                                                                      
 3/17/99       583     (S)  NR: HOFFMAN, LEMAN                                                                                  
 3/17/99       583     (S)  PREVIOUS ZERO FN (DCED)                                                                             
 3/18/99               (S)  RLS AT 11:40 AM FAHRENKAMP 203                                                                      
 3/23/99               (S)  MINUTE(RLS)                                                                                         
 3/24/99       662     (S)  RULES TO CALENDAR  AND 1 OR 3/24/99                                                                 
 3/24/99       664     (S)  READ THE SECOND TIME                                                                                
 3/24/99       664     (S)  HES  CS ADOPTED UNAN CONSENT                                                                        
 3/24/99       665     (S)  ADVANCED TO THIRD READING UNAN                                                                      
                            CONSENT                                                                                             
 3/24/99       665     (S)  READ THE THIRD TIME  CSSB 48(HES)                                                                   
 3/24/99       665     (S)  PASSED Y20 N-                                                                                       
 3/24/99       670     (S)  TRANSMITTED TO (H)                                                                                  
 3/25/99       567     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/25/99       567     (H)  HES, L&C                                                                                            
 4/06/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
JAMES ROTHMEYER, Appointee                                                                                                      
   to the Board of Dispensing Opticians                                                                                         
4001 Geist Road, Number 7                                                                                                       
Fairbanks, Alaska  99701                                                                                                        
Telephone:  (907) 479-4797                                                                                                      
POSITION STATEMENT:  Testified as appointee to the Board of                                                                     
                     Dispensing Opticians.                                                                                      
                                                                                                                                
JOHN MIDDAUGH, MD, Chief                                                                                                        
Epidemiology Section                                                                                                            
Division of Public Health                                                                                                       
Department of Health and Social Services                                                                                        
P.O. Box 240249                                                                                                                 
Anchorage, Alaska  99524                                                                                                        
Telephone:  (907) 269-8000                                                                                                      
POSITION STATEMENT:  Testified on HB 70.                                                                                        
                                                                                                                                
ELMER LINDSTROM, Special Assistant                                                                                              
Office of the Commissioner                                                                                                      
Department of Health and Social Services                                                                                        
P.O. Box 110601                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-1613                                                                                                      
POSITION STATEMENT:  Provided information on HB 70.                                                                             
                                                                                                                                
DAVID GRAY, Legislative Assistant                                                                                               
   to Senator Jerry Mackie                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room 427                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-3844                                                                                                      
POSITION STATEMENT:  Presented sponsor statement for SB 48.                                                                     
                                                                                                                                
MARIANNE BURKE, Director                                                                                                        
Division of Insurance                                                                                                           
Department of Commerce and Economic Development                                                                                 
P.O. Box 110805                                                                                                                 
Juneau, Alaska  99811                                                                                                           
Telephone:  (907) 465-2515                                                                                                      
POSITION STATEMENT:  Testified in support of SB 48.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-30, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON called the House Health, Education and Social                                                                 
Services Standing Committee meeting to order at 3:40 p.m.  Members                                                              
present at the call to order were Representatives Dyson, Coghill                                                                
and Morgan.  Representative Green joined the meeting at 4:48 p.m.                                                               
                                                                                                                                
CONFIRMATION HEARING                                                                                                            
                                                                                                                                
Board of Dispensing Opticians                                                                                                   
                                                                                                                                
CO-CHAIRMAN DYSON announced the committee would consider one                                                                    
nominee for the Board of Dispensing Opticians.  They would not vote                                                             
for the nominee but would pass him out of committee for full                                                                    
consideration of the House and Senate.  (Resumes were provided for                                                              
all appointees.)                                                                                                                
                                                                                                                                
CO-CHAIRMAN DYSON asked James Rothmeyer why he would like to serve                                                              
on the Board of Dispensing Opticians.                                                                                           
                                                                                                                                
Number 0082                                                                                                                     
                                                                                                                                
JAMES ROTHMEYER, Appointee to the Board of Dispensing Opticians,                                                                
testified via teleconference from Fairbanks.  He said he would like                                                             
to serve the state and the people of Alaska to ensure that they get                                                             
the best services from the state's licensed opticians.                                                                          
                                                                                                                                
CO-CHAIRMAN DYSON asked Dr. Rothmeyer if he planned to retire in                                                                
Alaska.                                                                                                                         
                                                                                                                                
DR. ROTHMEYER said he was going to stay.                                                                                        
                                                                                                                                
CO-CHAIRMAN COGHILL offered his thanks to Dr. Rothmeyer to be                                                                   
willing to serve on this board.                                                                                                 
                                                                                                                                
CO-CHAIRMAN DYSON asked Dr. Rothmeyer if he could call him for his                                                              
opinion on medical issues, like laser surgery and dispensing of                                                                 
some pharmaceuticals, when they come up.                                                                                        
                                                                                                                                
DR. ROTHMEYER answered that he would be pleased to provide whatever                                                             
he could.                                                                                                                       
                                                                                                                                
CO-CHAIRMAN DYSON informed Dr. Rothmeyer that when the committee                                                                
had a quorum, they would pass the appointment on to the full House.                                                             
                                                                                                                                
HB 70 - PUBLIC SCHOOL SURVEYS                                                                                                   
                                                                                                                                
Number 0277                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON announced the next order to business as House                                                                 
Bill No. 70, "An Act relating to questionnaires or surveys                                                                      
administered in public schools."                                                                                                
                                                                                                                                
CO-CHAIRMAN DYSON handed over the gavel to Co-Chairman Coghill.                                                                 
                                                                                                                                
CO-CHAIRMAN COGHILL called on Co-Chairman Dyson to testify as                                                                   
sponsor of HB 70.                                                                                                               
                                                                                                                                
Number 0342                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON noted that there is not a quorum yet, but they                                                                
will continue testimony.  He asked that the committee not vote on                                                               
HB 70 today since they just got the proposed CS in the last few                                                                 
hours.                                                                                                                          
                                                                                                                                
CO-CHAIRMAN DYSON went on to say that during this past year, there                                                              
was some controversy whether the Youth Risk Behavior Survey (YRBS)                                                              
could be administered without active parental permission.  In AS                                                                
14.03.110 it says " ... whether anonymous or not, that inquires                                                                 
into private family affairs of the student ..." and his first                                                                   
thought was to insert "a private family or personal affairs of the                                                              
student" in order to make it clear that active parental permission                                                              
was required.  In subsequent discussion with the Department of                                                                  
Health and Social Services (DHSS), they made a clear and convincing                                                             
case that the logistics of doing that were insurmountable.                                                                      
                                                                                                                                
CO-CHAIRMAN DYSON said for the last two months he has been working                                                              
on a way that his concerns and parents' concerns for parental                                                                   
consent and control could be satisfied without making a logistics                                                               
nightmare for the department.  The proposed CS is more complicated                                                              
than he wanted, but it is comprehensive.  It is very similar to a                                                               
proposal in Utah and allows for a once-per-year blanket approval by                                                             
the parent for surveys, and it sets down some conditions for doing                                                              
it.  He intends to make this easy for the school districts. At                                                                  
enrollment, the parent can sign another piece of paper or check a                                                               
box on the enrollment form, and then the school district knows they                                                             
have permission to do the surveys.                                                                                              
                                                                                                                                
Number 0604                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON continued that it his intention that parents will                                                             
get an additional notification in advance of the survey in case                                                                 
they change their mind to opt out.  Even the once a year blanket                                                                
permission is difficult, but the information that is obtained from                                                              
the YRBS is valuable.  There are federal funding grants that are                                                                
jeopardized, if not eliminated, if the DHSS is not able to get this                                                             
information.  He will make copies of the actual YRBS available to                                                               
the committee before they vote.                                                                                                 
                                                                                                                                
CO-CHAIRMAN COGHILL asked how different the proposed CS is from the                                                             
original version.                                                                                                               
                                                                                                                                
CO-CHAIRMAN DYSON answered that it is quite different and more                                                                  
comprehensive.  He will also have a sectional analysis available.                                                               
He called their attention to some important points.  On page 2,                                                                 
line 30, subsection (e) is where it talks about getting blanket                                                                 
permission; page 3, line 3, subsection (e) (2) provides for parents                                                             
to change their mind after they have given written consent.                                                                     
                                                                                                                                
Number 0920                                                                                                                     
                                                                                                                                
JOHN MIDDAUGH, MD, Chief, Epidemiology Section, Division of Public                                                              
Health, Department of Health and Social Services (DHSS), came                                                                   
forward to testify.  He said they share many of the principles and                                                              
are trying to get to the right place for everyone.  He explained                                                                
that the YRBS was developed by the National Center for Disease                                                                  
Prevention and Control in collaboration with 71 state and local                                                                 
departments of education and 19 federal agencies.                                                                               
                                                                                                                                
DR. MIDDAUGH explained that the YRBS collects information on middle                                                             
school and high school students about behaviors that relate to the                                                              
major causes of disability, injury and disease for their age group                                                              
and later in their lives.  The school-based survey uses a                                                                       
systematic, nationally comparable methodology.  It is conducted in                                                              
all the states and in many school districts; so Alaska could get                                                                
data and compare itself to other school districts and states.  The                                                              
DHSS was able to conduct this in 1995, did so very successfully,                                                                
and got valid statewide results that gave them some information                                                                 
about the behaviors of that age group.                                                                                          
                                                                                                                                
Number 1012                                                                                                                     
                                                                                                                                
DR. MIDDAUGH stated this information has allowed the DHSS to craft                                                              
programs to try to assist and support students who are doing things                                                             
right; it turns out that most of the students are doing things                                                                  
right, and target programs to students who need additional                                                                      
assistance.  Given the success of this survey in 1995, the DHSS                                                                 
anticipated little controversy and similar support and success in                                                               
1999.  To their surprise, they encountered a lot of questions.                                                                  
There was a lot of misinformation.  Questions were raised on                                                                    
different legal opinions, about what constituted a family affair,                                                               
and about the interpretation of existing laws.  Unfortunately, a                                                                
great amount of incorrect information characterized the YRBS as                                                                 
wanting to be done without parental permission.                                                                                 
                                                                                                                                
DR. MIDDAUGH stated that the YRBS always has been and always would                                                              
be done with parental permission.  The YRBS is voluntary, not                                                                   
mandatory.  It is done based on the voluntary participation of a                                                                
local school district.  Under current procedures, the districts                                                                 
have an option, if they choose, of conducting the survey with                                                                   
passive permission.  If the district wished to get active written                                                               
parental permission, they clearly can do so.  The whole approach                                                                
has been a partnership to help get information for use in public                                                                
health and schools to assist the students.  Passive parental                                                                    
permission is where there is an implied consent:  the schools                                                                   
notify the parents in writing, newsletters, and/or offer the                                                                    
complete survey for parent's review.  Any parent or child can then                                                              
opt out of participating in the survey by informing the school.                                                                 
                                                                                                                                
DR. MIDDAUGH told the committee the problem the DHSS has with                                                                   
active parental permission is that the notices sent home to get                                                                 
parental permission are not returned to the school.  Numerous                                                                   
activities are done in the schools with passive parental                                                                        
permission.  The difficulties they face in conducting the survey                                                                
with active parental permission is threefold.  The first one is a                                                               
selection bias because many of the students whose behaviors they                                                                
are most interested in learning about are just the ones who don't                                                               
bring the permission slips back.  It isn't necessarily a case of                                                                
the parent objecting to the student's participation, it is a                                                                    
logistic barrier of getting the actual slips back.  The second one                                                              
relates to the cost of doing it.  The third one relates to                                                                      
confidentiality.  The way the YRBS is done with passive parental                                                                
permission is that the sample of students to participate is only a                                                              
small proportion of the students enrolled in the district.  The                                                                 
students are not individually identified, but the classrooms are.                                                               
The questionnaire comes in an envelope with no name on it; the                                                                  
survey is distributed in the classroom so the survey people never                                                               
know the students' names.  Up until actually executing the survey,                                                              
a parent or child can elect not to do it, and any questions the                                                                 
students don't want to answer can be skipped.  When the survey is                                                               
completed, it is put back in the envelope and turned in.  No names                                                              
are on the surveys, no list of the students who participated is                                                                 
available; so the survey is completely confidential and anonymous.                                                              
Answers could never be linked back to any individual students.                                                                  
                                                                                                                                
DR. MIDDAUGH explained that with active parental permission, a list                                                             
of students who have permission has to be maintained by somebody,                                                               
and potentially it could provide a source of breach of                                                                          
confidentiality later.  Every questionnaire would have to be                                                                    
labeled with the student's name, and records would have to be kept                                                              
to verify that only the students with permission were the ones who                                                              
participated.  These three problems are why it causes a great                                                                   
barrier to conduct these surveys.  If the parents wish to undertake                                                             
active parental permission, they can do so under current                                                                        
procedures.  The DHSS would hope to get support to craft a solution                                                             
that would indeed allow these future surveys done efficiently,                                                                  
maintaining the current situation of local district autonomy to                                                                 
make those decisions, but also to enable the DHSS to efficiently                                                                
collect this information.                                                                                                       
                                                                                                                                
DR. MIDDAUGH pointed out one concern in the proposed CS is the                                                                  
burden on the school districts to get parental permission, maintain                                                             
the list of students with permission and then re-notify the parents                                                             
before the survey is given in case they want to opt out.  The                                                                   
purpose is to get valid, "generalizable" data, and protect                                                                      
confidentiality.  The power of the information is to identify the                                                               
students who need help; help evaluate the programs; provide an                                                                  
advantage to districts for competition of federal grant funds to                                                                
have the solid data to help them leverage resources.                                                                            
                                                                                                                                
Number 1433                                                                                                                     
                                                                                                                                
DR. MIDDAUGH stated the DHSS is conducting the YRBS surveys in                                                                  
Alaska in 1999.  Because Anchorage elected not to participate, they                                                             
will not have a "generalizable" statewide result to compare to                                                                  
1995.  They will have results for 28 districts, who are currently                                                               
participating, involving over 1,300 classrooms and about 25,000                                                                 
surveys.  Two of the districts elected to use active parental                                                                   
permission; all the rest are using passive parental permission and                                                              
are doing so successfully.                                                                                                      
                                                                                                                                
DR. MIDDAUGH hopes they can continue the dialog to reach a win-win                                                              
situation because he believes they share many of the goals.  The                                                                
DHSS wants to protect the scientific validity of the survey,                                                                    
minimize the costs and burdens on the schools districts, while                                                                  
preserving the absolute commitment to notify parents to give them                                                               
the opportunity to opt out, and then absolutely maintaining the                                                                 
confidentiality and privacy of the data.                                                                                        
                                                                                                                                
Number 1490                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked how much money is riding on this.                                                                       
                                                                                                                                
DR. MIDDAUGH answered that he didn't know the answer to that                                                                    
because the goal of the DHSS is to use the data related to public                                                               
health programs.  For example, the drug and alcohol program was                                                                 
able to use the YRBS that resulted in new federal funding of $3                                                                 
million which was distributed to Alaska communities for drug and                                                                
alcohol prevention programs.  He thought that the Department of                                                                 
Education could better respond to the funding streams available to                                                              
districts.                                                                                                                      
                                                                                                                                
CO-CHAIRMAN DYSON asked if the $3 million funding requires that the                                                             
YRBS be done or just that information be gathered.                                                                              
                                                                                                                                
DR. MIDDAUGH said no, there is no money that specifically requires                                                              
the survey.                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked if the data gathered was used to                                                                        
demonstrate what a powerful need exists in Alaska and thereby                                                                   
secure some funding.                                                                                                            
                                                                                                                                
DR. MIDDAUGH answered yes.                                                                                                      
                                                                                                                                
CO-CHAIRMAN DYSON asked Dr. Middaugh to address how the once a year                                                             
blanket permission at enrollment would be a tremendous burden on                                                                
the school district.                                                                                                            
                                                                                                                                
Number 1626                                                                                                                     
                                                                                                                                
DR. MIDDAUGH explained that it takes staff time to collect the                                                                  
permission slips when the students haven't brought them back to                                                                 
school.  It wasn't because the parents didn't want the students to                                                              
participate, but perhaps the parents were out of town or the slip                                                               
got lost.  The DHSS did not use the simple mechanism of handing                                                                 
something to the child to take home to the parents in the passive                                                               
parental permission exercise.  There was a letter to every parent                                                               
or guardian, there were newsletters, local publicity,                                                                           
Parent-Teacher Association meetings and public meetings to get                                                                  
information.  In talking to school district colleagues, the DHSS                                                                
found out that the logistics of getting a blanket permission at a                                                               
time before the actual survey would be given, then to enter the                                                                 
data, and use it later would be very cumbersome.                                                                                
                                                                                                                                
CO-CHAIRMAN DYSON asked why it is difficult for the school                                                                      
enrollment form to include another page to sign or check off a box                                                              
when they are already maintaining registration records.                                                                         
                                                                                                                                
DR. MIDDAUGH said it will require the schools to set up a new                                                                   
mechanism to collect and maintain those permission records which                                                                
they currently aren't doing.  With the turnover in school                                                                       
enrollment, at the time of actually administering the survey, they                                                              
would have to go back and specifically identify every single child                                                              
by name who then did or didn't have permission.  The logistics, the                                                             
costs and the practicality of pulling the samples are going to add                                                              
a tremendous burden to the school districts as well as those                                                                    
conducting the survey.  He would argue that the protections of                                                                  
notifying parents and giving them the chance to opt out exists                                                                  
today, is effective and would meet the need of almost every person                                                              
in the state.                                                                                                                   
                                                                                                                                
CO-CHAIRMAN DYSON commented that most schools are automating their                                                              
records, and he suggested that the permission information could be                                                              
sorted on the computer.                                                                                                         
                                                                                                                                
DR. MIDDAUGH suggested from discussions with the school districts                                                               
that it isn't as easy as it would seem or appear.                                                                               
                                                                                                                                
Number 1815                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked if Dr. Middaugh thought they couldn't get                                                               
enough parents to give permission for the survey on an active                                                                   
basis.                                                                                                                          
                                                                                                                                
DR. MIDDAUGH said the mechanisms to get active parental permission                                                              
are much more cumbersome.  In 1995, Juneau used active parental                                                                 
permission, and this year Sitka used active parental permission,                                                                
and both had a very interesting experience in terms of the extra                                                                
costs and burdens, the number of volunteers and clerical time it                                                                
took.  In order for the survey to be valid, there has to be a                                                                   
certain response rate; if they don't get the response rate, then                                                                
they can't generalize the results of the survey.  He encouraged the                                                             
committee to get specific testimony from those who were involved in                                                             
Juneau and Sitka to relate their experiences, because they speak                                                                
quite powerfully to the difficulty of doing this.                                                                               
                                                                                                                                
Number 1907                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL asked why Anchorage decided not to take the                                                                 
survey.                                                                                                                         
                                                                                                                                
DR. MIDDAUGH answered that they were concerned about a potential                                                                
lawsuit over the interpretation of the current law if they were to                                                              
undertake it with passive parental permission.  The second issue is                                                             
they felt the costs and burden on their district were too great to                                                              
undertake it with active parental permission under the time frame.                                                              
They did suggest they would entertain the survey if DHSS would pay                                                              
for all the additional costs of trying to undertake it with active                                                              
parental permission, but the DHSS had no funds to do that."                                                                     
                                                                                                                                
Number 1953                                                                                                                     
                                                                                                                                
ELMER LINDSTROM, Special Assistant, Office of the Commissioner,                                                                 
Department of Health and Social Services, came forward to testify.                                                              
Based upon the concerns of the Anchorage School District raised                                                                 
over a potential lawsuit, he said, "With your permission we did                                                                 
have a potential amendment drafted referenced to the original bill                                                              
that I think very narrowly addresses the concern that was raised by                                                             
Anchorage, making it abundantly clear that passive parental                                                                     
permission is permissible for anonymous surveys that are conducted,                                                             
even though they might inquire into the private or personal matters                                                             
of the student or the student's family.  But again, making it clear                                                             
it was only related to anonymous surveys where there was no ability                                                             
to identify individual students who took part in the study or the                                                               
results for those individuals."                                                                                                 
                                                                                                                                
CO-CHAIRMAN COGHILL said one of his concerns is the ability of a                                                                
parent to speak to the very issue of their child taking even an                                                                 
anonymous questionnaire that unduly defiles them.  They may not                                                                 
want them to go through that mental exercise.  He said he believes                                                              
parental notification is going to be a high issue.  He entertained                                                              
this amendment under advisement since they don't have a quorum.                                                                 
                                                                                                                                
Number 2042                                                                                                                     
                                                                                                                                
MR. LINDSTROM referred to the tobacco tax discussion a few years                                                                
ago and mentioned that the state is obligated over time to show                                                                 
that the increase of the tobacco tax was having the effect they                                                                 
promised it would:  it would reduce youth's use of tobacco.  The                                                                
YRBS is the instrument to gather the data to prove to the                                                                       
legislature whether the programs are working.  "For youth issues                                                                
the YRBS really is the gold standard.  It is something we hang our                                                              
hat on everyday in the department."                                                                                             
                                                                                                                                
CO-CHAIRMAN COGHILL acknowledged that it is valuable information.                                                               
He thought it would be helpful if parents did a similar survey.                                                                 
                                                                                                                                
Number 2150                                                                                                                     
                                                                                                                                
DR. MIDDAUGH said there is an adult survey, and he would love to                                                                
see it given if they could find funding.  "We are identically                                                                   
concerned about confidentiality and anonymity.  This mechanism                                                                  
assures that.  It absolutely assures that no answer can be                                                                      
identifiable to a person.  The power of the data is that it is                                                                  
'generalizable.'  That's why we think this is a major thing that we                                                             
hope we can convince you of our case to assure our ability to do                                                                
it.  We would be very happy to continue to provide additional                                                                   
information and explore ways to see if we can sort out this                                                                     
conundrum right now."                                                                                                           
                                                                                                                                
CO-CHAIRMAN COGHILL reiterated that parents do have access to the                                                               
actual questions prior to the survey.                                                                                           
                                                                                                                                
CO-CHAIRMAN DYSON commented that it takes the parents paying                                                                    
attention to the notice and then asking for a copy of the                                                                       
questions.                                                                                                                      
                                                                                                                                
DR. MIDDAUGH explained if parents ask for the questions, they will                                                              
be mailed to them; they are made available at the school and                                                                    
depending on the local district, a public meeting is held where                                                                 
parents can come and discuss the survey and all the mechanisms for                                                              
it with someone involved in administering the survey.                                                                           
                                                                                                                                
DR. MIDDAUGH said the DHSS has had a lot of experience with the                                                                 
survey and was caught blind sided.  In 1995 things were effective                                                               
and smooth, the DHSS thought they had gained wide support to                                                                    
continue to do the survey.  They hope by continuing to do the                                                                   
survey, it is something that can be supported; and that it does                                                                 
have integrity in the notification mechanism.  Their intention is                                                               
to do it every two years to have good monitoring data to tell                                                                   
whether the programs are working.                                                                                               
                                                                                                                                
Number 2253                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL remarked that parents quite often will not                                                                  
answer very probing questions which are similar to the ones on the                                                              
survey.  He believes if parents were given the questionnaire, many                                                              
would resist probing questions, even under anonymous conditions.                                                                
"In a school setting quite often, the authoritativeness of giving                                                               
a questionnaire at school almost goes unquestioned by many students                                                             
just because of the nature of the situation.  Therefore, I think                                                                
that the active participation in the parents, that anybody would                                                                
agree with, that parental involvement is so important, is worth the                                                             
effort.  As I read this, I am going to be looking for not only the                                                              
cost of the effort but how to facilitate that effort."                                                                          
                                                                                                                                
TAPE 99-30, SIDE B                                                                                                              
                                                                                                                                
Number 2336                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON summarized where he believes they are.  They                                                                  
agree that the information is valuable and useful for getting                                                                   
grants, and they agree they want parents in the loop.  The                                                                      
disagreement seems to be whether the parental permission will be                                                                
active or passive.  He commented that Dr. Middaugh's position is                                                                
that active permission is logistically difficult enough to call                                                                 
into question the ability to do the job and get the survey.                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON said, "You didn't say, but were on the edge of                                                                
inferring there might not be enough parents who would actively                                                                  
agree if it was really easy to get their permission.  You didn't                                                                
say that, but there might not be a high enough percentage of                                                                    
parents that would agree...you have no problem with active                                                                      
permission if we can find a good way to do it that wasn't                                                                       
logistically impractically overwhelming, and because the ways that                                                              
we've come up with of getting active permission are too cumbersome,                                                             
you're wanting to go with the best kind of a passive program, with                                                              
all the ways of notifying."  He asked if that accurately                                                                        
characterized Dr. Middaugh's perspective.                                                                                       
                                                                                                                                
Number 2271                                                                                                                     
                                                                                                                                
DR. MIDDAUGH said that was a very close summary.  His additional                                                                
concern is the bias of the survey and the costs related to the                                                                  
mechanisms of active and passive permission based on national                                                                   
experience of published data in Alaska's experience.  "Perhaps we                                                               
could explore what has happened here related to that question.  I                                                               
don't think it is a question that enough parents don't want their                                                               
kids doing the survey that that is the issue.  That's not been our                                                              
experience.  I absolutely do think there are many parents who                                                                   
absolutely do not want their kids to do the survey.  I think the                                                                
goals, and I think we've met the goal, is to give a mechanism for                                                               
them to have that right protected under existing procedures.  I                                                                 
would like a chance to have an opportunity to arrange for you to                                                                
hear from the districts that have undergone the experience of                                                                   
trying to do the active permission.  I also want to make certain                                                                
that these remarks are only directed for a survey that is                                                                       
completely anonymous and confidential.  When we talk about anything                                                             
else then we're talking a completely different ballpark."                                                                       
                                                                                                                                
CO-CHAIRMAN DYSON asked Dr. Middaugh if he just said that getting                                                               
the active permission would take enough of a group of students out                                                              
of it to bias the results, and therefore not give them an accurate                                                              
enough data base.                                                                                                               
                                                                                                                                
Numbrt 2208                                                                                                                     
                                                                                                                                
DR. MIDDAUGH replied it is a concern.                                                                                           
                                                                                                                                
CO-CHAIRMAN DYSON commented, "I think you just made my case."                                                                   
                                                                                                                                
DR. MIDDAUGH explained the reason that the question "why do they                                                                
not get the permission in" is not because the students or the                                                                   
parents object to the questions; it is because the students do not                                                              
get the permission slips returned.  When given an opportunity, they                                                             
do take the survey, and they do answer it.  There's a great amount                                                              
of information about that.                                                                                                      
                                                                                                                                
CO-CHAIRMAN DYSON commented it doesn't seem to him that is                                                                      
addressed to the parents who are doing the enrolling.                                                                           
                                                                                                                                
DR. MIDDAUGH continued saying, "Those data are available as well                                                                
about the acceptability to parents, and again I think actually, the                                                             
experience here of individuals involved in local districts with                                                                 
their communities can help answer that exact issue that you're                                                                  
getting at about why is it that individuals don't do it.  The ones                                                              
that don't do it, articulate that and clearly don't participate.                                                                
There's a group that just don't participate.  It's not that they                                                                
object to doing it, and given an opportunity to facilitate their                                                                
participation, they participate and the information is valuable.                                                                
It's just about a selection bias.  It's very difficult to always                                                                
get to the non-responders in a survey.  Their characteristics are                                                               
often very different than those who respond.  Those are often                                                                   
exactly the kids we're most interested in learning about.  I think                                                              
we can provide a lot of information to back that up in terms of                                                                 
experience."                                                                                                                    
                                                                                                                                
CO-CHAIRMAN DYSON asked if Dr. Middaugh was saying that the parent                                                              
who, at the time of enrollment doesn't give permission, is the very                                                             
one they want to get information from.                                                                                          
                                                                                                                                
Number 2111                                                                                                                     
                                                                                                                                
DR. MIDDAUGH said, "No it isn't.  I was talking about a specific                                                                
active written parent permission at the time of the survey.  We                                                                 
have no experience with your proposal which would be 'what would                                                                
parents behavior be at the start of a school year to give a blanket                                                             
permission for a survey they can't see because it's not available                                                               
at the time they enroll their kid to be administered six months                                                                 
later.'  I think that is an unfair comparison."                                                                                 
                                                                                                                                
CO-CHAIRMAN DYSON agreed.  I'm glad we got through that.                                                                        
                                                                                                                                
DR. MIDDAUGH said, "Yes we're talking about two different                                                                       
scenarios."                                                                                                                     
                                                                                                                                
Number 2084                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL said to Co-Chairman Dyson, "According to the                                                                
bill you have, having checked that at the beginning of the year,                                                                
they still have the chance or opportunity to opt out once the                                                                   
survey is brought up for notification to be done, right?"                                                                       
                                                                                                                                
CO-CHAIRMAN DYSON said yes.                                                                                                     
                                                                                                                                
The committee took an at-ease from 4:35 p.m. to 4:36 p.m.                                                                       
                                                                                                                                
Number 2058                                                                                                                     
                                                                                                                                
CO-CHAIRMAN COGHILL said his intention is to keep testimony open                                                                
and deal with this when they have a quorum.  HB 70 will be                                                                      
continued until Thursday.                                                                                                       
                                                                                                                                
CO-CHAIRMAN COGHILL passed the gavel back to Co-Chairman Dyson.                                                                 
                                                                                                                                
SB 48 - STATE HEALTH INSURANCE                                                                                                  
                                                                                                                                
Number 2024                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON announced the next order of business as CS For                                                                
Senate Bill No. 48(HES), "An Act relating to health insurance                                                                   
provided by and provisions relating to the Comprehensive Health                                                                 
Insurance Association."  He informed the committee that they would                                                              
go ahead and take testimony even though there is no quorum.  He                                                                 
will call Representative Green down when it is time to vote.                                                                    
                                                                                                                                
Number 2000                                                                                                                     
                                                                                                                                
DAVID GRAY, Legislative Assistant to Senator Jerry Mackie, came                                                                 
forward to present SB 48.  He told them that the sponsor statement                                                              
comes from the Alaska Comprehensive Health Insurance Association                                                                
(ACHIA), which was established in 1992 to provide a health                                                                      
insurance pool for individual Alaskans whose health condition was                                                               
considered uninsurable, or who could not otherwise find adequate                                                                
health coverage.  The legislation mandated that all providers of                                                                
health insurance in the state must participate in the pool.  The                                                                
association then makes health insurance available to Alaska                                                                     
residents who are high risk.  In addition to operating the pool,                                                                
the board of directors of ACHIA includes two consumer advocates.                                                                
                                                                                                                                
MR. GRAY commented that two consumer advocates are not able to                                                                  
testify today via teleconference, but they have been very active in                                                             
the Senate in presenting the reason for this legislation.  The                                                                  
legislation also asks ACHIA to periodically report on the                                                                       
effectiveness of this pool in promoting rate stability, product                                                                 
availability, and affordability of coverage.  Senate Bill 48 is a                                                               
direct result of this effort by the association to make the program                                                             
work better and more efficiently; it is a relatively new program.                                                               
The legislation has the support of the Division of Insurance.                                                                   
                                                                                                                                
Number 1924                                                                                                                     
                                                                                                                                
MR. GRAY stated that this legislation is trying to allow more cost-                                                             
effective plans for the individuals who get coverage under ACHIA;                                                               
better administer the program; allow flexibility in evaluating the                                                              
administration of the program; to simplify the administration by                                                                
decreasing the number of declinations required for eligibility; and                                                             
to make some other technical improvements to the program.  The                                                                  
legislation will allow the board to manage the ACHIA in a more                                                                  
cost-effective and efficient manner.  The legislation also brings                                                               
their program in conformance with new federal requirements                                                                      
particularly as it concerns portability of insurance.                                                                           
                                                                                                                                
Number 1872                                                                                                                     
                                                                                                                                
MR. GRAY informed the committee that a bill similar to this was                                                                 
introduced at the end of last session, so there was a vehicle                                                                   
during the summer the people involved in health insurance could                                                                 
look over the provisions and see what other improvements.  The bill                                                             
in front of them is the result of recommendations from that review                                                              
and it was reintroduced.                                                                                                        
                                                                                                                                
Number 1830                                                                                                                     
                                                                                                                                
MARIANNE BURKE, Director, Division of Insurance, Department of                                                                  
Commerce and Economic Development, came forward to testify.  She                                                                
informed the committee that the proposed legislation is the                                                                     
outgrowth of a lot of hard work by the members of the board of                                                                  
directors and the division, as well as the input from all of the                                                                
insurers who write health care in the state.  Every insurer that                                                                
writes health care has a vested interest in making sure this entity                                                             
is as efficient and effective as possible.  This mechanism is a                                                                 
last resort.  If people have a condition that precludes them                                                                    
getting coverage anywhere else, they can come to the ACHIA and get                                                              
coverage.  The program is not self supporting.  If it were, people                                                              
could get the insurance from the regular market.  It does however                                                               
provide a mechanism for people to participate in the cost of their                                                              
health care.  The premiums, which are about 175 percent of a                                                                    
standard premium, only covers about 20 percent of the cost.  "The                                                               
remainder is allocated to the insurers that write business in this                                                              
state on a percentage of premium.  If they write 40 percent, they                                                               
pick up 40 percent of the assessment."                                                                                          
                                                                                                                                
Number 1753                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON asked if they write 40 percent of the policies in                                                             
the state, they get the opportunity to pick up 40 percent of the                                                                
cost of this.                                                                                                                   
                                                                                                                                
MS. BURKE answered yes.  She continued saying they want to make it                                                              
as efficient as possible.  Costs are high because the people who go                                                             
into this insurance company have conditions such as hemophilia,                                                                 
where the drug medication alone can cost $4,000 to $12,000 per                                                                  
month; people dying of cancer, people who have terminal conditions,                                                             
and people seeking organ transplants.  It is not a mechanism for                                                                
people who are rich or poor; it is for people who get hit by a                                                                  
devastating illness and cannot get coverage.  Without this                                                                      
mechanism, they would wind up with Medicaid, and the state would be                                                             
picking up the tab.  It gives them dignity and a chance to                                                                      
participate.  With ERISA [Employee Retirement and Income Security                                                               
Act] and the self-insured plans being exempted, it is as fair as it                                                             
can be.                                                                                                                         
                                                                                                                                
Number 1668                                                                                                                     
                                                                                                                                
MS. BURKE explained because of existing statutes, the board must                                                                
use an insurer to provide these services, collect premiums, make                                                                
payments, and do all of the services of a normal insurance company.                                                             
They pay four times as much as the next highest state in this                                                                   
country which is $112 per person, per month for the administrative                                                              
services.  That is unconscionable, but the board has no choice.                                                                 
They want the flexibility to be able to go out and make a business                                                              
decision; to find a qualified administrator to provide these                                                                    
services.                                                                                                                       
                                                                                                                                
MS. BURKE commented they also want to be able to make it less                                                                   
onerous to get coverage.  The two declinations required now means                                                               
two insurance companies have to turn the person down before he/she                                                              
can come to ACHIA.  If someone is dying of cancer, it does not take                                                             
an insurance company to tell him/her they are not going to cover                                                                
him/her.  The division strongly supports this legislation.                                                                      
                                                                                                                                
CO-CHAIRMAN DYSON asked her if anyone opposed this bill.                                                                        
                                                                                                                                
Number 1592                                                                                                                     
                                                                                                                                
MS. BURKE said this legislation has been discussed for over three                                                               
years.  Originally it was opposed by Aetna when they insured the                                                                
state because Aetna would have had to pick up a portion of the                                                                  
cost.  Now Aetna is one of the companies represented on the board                                                               
and they support it.  She is not aware of any opposition to this                                                                
legislation.                                                                                                                    
                                                                                                                                
CO-CHAIRMAN DYSON sent word for Representative Green to come down                                                               
to vote.  He noted that this bill also has a referral to the Labor                                                              
and Commerce Committee.                                                                                                         
                                                                                                                                
Number 1518                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked if this is picked up by the private                                                                  
insurance companies that'll be scattered over all insurance payers.                                                             
                                                                                                                                
MS. BURKE answered that is correct.                                                                                             
                                                                                                                                
REPRESENTATIVE GREEN asked if she had any idea about how much this                                                              
would affect premiums.                                                                                                          
                                                                                                                                
MS. BURKE said the health care premiums in this state are roughly                                                               
$300 million.  The assessments that have been levied have been in                                                               
the range of $1.5 million.                                                                                                      
                                                                                                                                
Number 1470                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked if high risk people are in a pool, and                                                               
each insurance company is assigned a certain number of those, would                                                             
it impact various health insurance companies negatively.                                                                        
                                                                                                                                
Number 1436                                                                                                                     
                                                                                                                                
MS. BURKE said the ACHIA is actually an insurance company.  It                                                                  
collects the premiums and pays the payments for services.  This                                                                 
does not work like the auto pool.                                                                                               
                                                                                                                                
REPRESENTATIVE GREEN asked if that company is owned and set up by                                                               
all the other carriers.                                                                                                         
                                                                                                                                
Number 1388                                                                                                                     
                                                                                                                                
MS. BURKE explained it was created by the legislature.  Clearly it                                                              
is not a money-making organization; it assesses what it needs to                                                                
pay the premiums.  The board of directors are made up of                                                                        
representatives of the companies writing insurance in this state.                                                               
It is in the best interest of every health care provider or every                                                               
insurance company writing health care to have this be as efficient                                                              
as possible.  Inefficiencies will cost them.                                                                                    
                                                                                                                                
REPRESENTATIVE GREEN asked how the company would be set up.                                                                     
                                                                                                                                
Number 1329                                                                                                                     
                                                                                                                                
MS. BURKE replied that by statute there will be five insurance                                                                  
companies who are the largest writers of the state with two                                                                     
additional members who will be consumer advocates.                                                                              
                                                                                                                                
REPRESENTATIVE GREEN wondered if company number six would be a part                                                             
of it.                                                                                                                          
                                                                                                                                
MS. BURKE said the other companies would be a part of it in the                                                                 
sense that they pay their pro rata share.                                                                                       
                                                                                                                                
CO-CHAIRMAN COGHILL asked if people are going to pay a portion of                                                               
the premium or the cost of health care.                                                                                         
                                                                                                                                
Number 1250                                                                                                                     
                                                                                                                                
MS. BURKE replied if he is referring to the amount the covered                                                                  
individuals pay, they pay premiums just like they would if they                                                                 
were insured by Blue Cross or Aetna.  She may have confused them                                                                
when she said they pay about 20 percent; by that she meant the                                                                  
total cost of all the covered services; their premiums only amount                                                              
to about 20 percent of that total cost.                                                                                         
                                                                                                                                
CO-CHAIRMAN COGHILL wondered if the flexibility that the board is                                                               
looking for now is to go outside and look for other professional                                                                
administrative services.                                                                                                        
                                                                                                                                
MS. BURKE said that is correct.                                                                                                 
                                                                                                                                
CO-CHAIRMAN DYSON announced with the arrival of Representative                                                                  
Green they now have a quorum.                                                                                                   
                                                                                                                                
Number 1191                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion to move CSSB 48(HES) from                                                                    
committee with individual recommendations and zero fiscal note.                                                                 
There being no objection, CSSB 48(HES) moved from the House Health,                                                             
Education and Social Services Standing Committee.                                                                               
                                                                                                                                
CONFIRMATION HEARING                                                                                                            
                                                                                                                                
Board of Dispensing Opticians                                                                                                   
                                                                                                                                
CO-CHAIRMAN DYSON made a motion to advance the confirmation of                                                                  
James Rothmeyer to the Board of Dispensing Opticians.  There being                                                              
no objection, it was so ordered.                                                                                                
                                                                                                                                
HB 70 - PUBLIC SCHOOL SURVEYS                                                                                                   
                                                                                                                                
Number 1140                                                                                                                     
                                                                                                                                
CO-CHAIRMAN DYSON brought the committee's attention back to House                                                               
Bill No. 70, "An Act relating to questionnaires or surveys                                                                      
administered in public schools."                                                                                                
                                                                                                                                
CO-CHAIRMAN DYSON explained to Representative Green that they held                                                              
public hearing on HB 70 but needed a quorum to make a motion to                                                                 
adopt the committee substitute as the work draft.                                                                               
                                                                                                                                
Number 1112                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN made a motion to adopt the proposed committee                                                              
substitute (CS) for HB 70, version 1-LS0263\G, Ford, 4/6/99, as a                                                               
work draft.  There being no objection, proposed CSHB 70 was before                                                              
the committee.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 1090                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health, Education and Social Services Standing Committee meeting                                                                
was adjourned at 5:00 p.m.                                                                                                      

Document Name Date/Time Subjects