Legislature(2015 - 2016)CAPITOL 106

04/06/2016 03:30 PM HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Continued from 4/5/16 Meeting --
+= HB 345 INSURANCE COVERAGE FOR CONTRACEPTIVES TELECONFERENCED
Moved CSHB 345(HSS) Out of Committee
+= HB 334 CHILD CUSTODY;DOM. VIOLENCE;CHILD ABUSE TELECONFERENCED
Moved CSHB 334(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
      HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                     
                         April 6, 2016                                                                                          
                           3:34 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Liz Vazquez, Vice Chair                                                                                          
Representative Neal Foster                                                                                                      
Representative Louise Stutes                                                                                                    
Representative David Talerico                                                                                                   
Representative Geran Tarr                                                                                                       
Representative Adam Wool                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 345                                                                                                              
"An  Act relating  to insurance  coverage for  contraceptives and                                                               
related  services; relating  to medical  assistance coverage  for                                                               
contraceptives  and  related  services;   and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 345(HSS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
HOUSE BILL NO. 334                                                                                                              
"An Act relating to visitation and child custody."                                                                              
                                                                                                                                
     - MOVED CSHB 334(HSS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 345                                                                                                                  
SHORT TITLE: INSURANCE COVERAGE FOR CONTRACEPTIVES                                                                              
SPONSOR(s): REPRESENTATIVE(s) CLAMAN                                                                                            
                                                                                                                                
02/24/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/24/16       (H)       HSS, FIN                                                                                               
04/05/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/05/16       (H)       Heard & Held                                                                                           
04/05/16       (H)       MINUTE(HSS)                                                                                            
04/06/16       (H)       HSS AT 3:30 PM CAPITOL 106                                                                             
                                                                                                                                
BILL: HB 334                                                                                                                  
SHORT TITLE: CHILD CUSTODY;DOM. VIOLENCE;CHILD ABUSE                                                                            
SPONSOR(s): REPRESENTATIVE(s) MUNOZ                                                                                             
                                                                                                                                
02/22/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/16       (H)       HSS, JUD                                                                                               
03/22/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/22/16       (H)       Heard & Held                                                                                           
03/22/16       (H)       MINUTE(HSS)                                                                                            
03/24/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/24/16       (H)       <Bill Hearing Rescheduled to 3/29/16>                                                                  
03/29/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/29/16       (H)       Heard & Held                                                                                           
03/29/16       (H)       MINUTE(HSS)                                                                                            
04/05/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/05/16       (H)       Heard & Held                                                                                           
04/05/16       (H)       MINUTE(HSS)                                                                                            
04/06/16       (H)       HSS AT 3:30 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE MATT CLAMAN                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 345 as the prime sponsor of                                                                 
the bill.                                                                                                                       
                                                                                                                                
MEGHAN CAVANAUGH, Staff                                                                                                         
Representative Matt Claman                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 345 on behalf of                                                                
the bill sponsor, Representative Claman.                                                                                        
                                                                                                                                
CRYSTAL KOENEMAN, Staff                                                                                                         
Representative Cathy Munoz                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions on HB 334 on behalf of                                                                
the bill sponsor, Representative Munoz.                                                                                         
                                                                                                                                
LINDA BRUCE, Attorney                                                                                                           
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency                                                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during discussion of HB                                                               
334.                                                                                                                            
                                                                                                                                
TANEEKA HANSEN, Staff                                                                                                           
Representative Paul Seaton                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Answered questions  on HB 334 for  the bill                                                             
sponsor, Representative Seaton.                                                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:34:15 PM                                                                                                                    
                                                                                                                                
CHAIR PAUL  SEATON called  the House  Health and  Social Services                                                             
Standing   Committee  meeting   back  to   order  at   3:34  p.m.                                                               
Representatives Seaton,  Wool, Talerico, and Stutes  were present                                                               
at the call to order.   Representatives Tarr, Foster, and Vazquez                                                               
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
[This meeting was reconvened from Tuesday, April 5, 2016.]                                                                      
                                                                                                                                
          HB 345-INSURANCE COVERAGE FOR CONTRACEPTIVES                                                                      
                                                                                                                                
3:34:37 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  first order of business would be                                                               
HOUSE BILL  NO. 345, "An  Act relating to insurance  coverage for                                                               
contraceptives   and  related   services;  relating   to  medical                                                               
assistance coverage for contraceptives  and related services; and                                                               
providing for  an effective  date."  [In  front of  the committee                                                               
was the proposed  CS for HB 345, labeled  29-LS1503\H, adopted as                                                               
the working draft on April 5, 2016.]                                                                                            
                                                                                                                                
3:35:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TALERICO,  pointing out that the  State of Alaska,                                                               
as an employer,  had the ability to set the  health benefits that                                                               
it provided,  asked if the  state employees were included  in the                                                               
proposed bill.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  MATT CLAMAN,  Alaska  State Legislature,  replied                                                               
that it was the intent of the proposed bill to include them.                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO asked  if there  was any  change to  the                                                               
non-Medicaid  population  for what  could  be  prescribed or  the                                                               
length of the prescriptions, or  was the proposed bill an attempt                                                               
to ensure that  payment came from insurance  coverage rather than                                                               
the individual.                                                                                                                 
                                                                                                                                
3:36:47 PM                                                                                                                    
                                                                                                                                
MEGHAN  CAVANAUGH,  Staff,  Representative  Matt  Claman,  Alaska                                                               
State Legislature, asked if he could repeat the question.                                                                       
                                                                                                                                
REPRESENTATIVE TALERICO directed attention to  page 2, lines 10 -                                                               
12,  of  the proposed  bill.    He  asked  if any  copayments  or                                                               
deductibles  had  been  eliminated  which were  required  in  the                                                               
health insurance policy.                                                                                                        
                                                                                                                                
MS. CAVANAUGH replied  that copayments were not  being limited or                                                               
changed under  the proposed  bill.  She  said that  Department of                                                               
Health  and Social  Services would  be instructed  to change  its                                                               
plan for  Medicaid recipients.  It  was not a change  for who was                                                               
covered for  prescriptive contraceptives,  but only for  how much                                                               
could be received at any given time.                                                                                            
                                                                                                                                
3:38:25 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked for clarification  that for an  insurer which                                                               
provided  coverage for  oral  contraceptives,  the proposed  bill                                                               
would allow the recipient to  receive a year's worth of coverage;                                                               
however,  if  an   insurer  did  not  offer   coverage  for  oral                                                               
contraceptives, this would not change the coverage.                                                                             
                                                                                                                                
MS.  CAVANAUGH  relayed that  under  the  Patient Protection  and                                                               
Affordable Care Act  (PPACA), prescriptive contraceptive coverage                                                               
was mandated, so  that this proposed bill was  also mandating the                                                               
coverage.                                                                                                                       
                                                                                                                                
3:39:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  asked about the length  of the prescription,                                                               
as it was currently limited to three months.                                                                                    
                                                                                                                                
MS. CAVANAUGH replied that this was correct.                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL mused  that  the proposed  bill would  allow                                                               
coverage  for a  year;  thereby, doctors  could  prescribe for  a                                                               
year.   He  asked  if a  person  had  to pick  up  the full  year                                                               
prescription  at  one time,  or  could  they return  for  further                                                               
refills,  without  another  prescription, until  that  full  year                                                               
prescription had been filled.                                                                                                   
                                                                                                                                
MS. CAVANAUGH explained  that the purpose was for  the insured to                                                               
pick  up the  entire prescription  at one  time; however,  it was                                                               
acceptable to only receive a shorter prescription.                                                                              
                                                                                                                                
3:41:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL  asked if,  under the  current law,  a person                                                               
would  need a  new  prescription  in three  months  if they  only                                                               
picked up  a three month prescription.   He asked if  there could                                                               
be a year prescription that was filled at three month intervals.                                                                
                                                                                                                                
MS.  CAVANAUGH  replied  that  the  doctor  could  prescribe  for                                                               
refills, but the person would need  to return to the pharmacy for                                                               
the refill.                                                                                                                     
                                                                                                                                
3:41:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CLAMAN  stated that  there was a  practical matter                                                               
to a 12-month  prescription which the pharmacy only  filled for 6                                                               
months,  as  most  pharmacies  did not  keep  track  of  unfilled                                                               
prescriptions.                                                                                                                  
                                                                                                                                
3:43:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO moved  to report  CSHB 345,  Version 20-                                                               
LS1503\H,  Wallace, 3/22/16,  out  of  committee with  individual                                                               
recommendations and  the accompanying fiscal notes.   There being                                                               
no objection, CSHB 345(HSS) was  reported out of the House Health                                                               
and Social Services Standing Committee.                                                                                         
                                                                                                                                
3:43:55 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
         HB 334-CHILD CUSTODY;DOM. VIOLENCE;CHILD ABUSE                                                                     
                                                                                                                                
3:47:42 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the final order of business would be                                                                
HOUSE  BILL NO.  334, "An  Act relating  to visitation  and child                                                               
custody."                                                                                                                       
                                                                                                                                
[Before the committee was the  proposed committee substitute (CS)                                                               
for  HB  334,  Version  29-LS1409\N,  Bruce,  4/5/16,  which  was                                                               
adopted as the working document on 4/5/16.]                                                                                     
                                                                                                                                
3:47:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO moved  to adopt  the proposed  committee                                                               
substitute (CS)  for HB 334, Version  29-LS1409\P, Bruce, 4/5/16,                                                               
as the working draft.                                                                                                           
                                                                                                                                
CHAIR SEATON objected for discussion.                                                                                           
                                                                                                                                
3:48:13 PM                                                                                                                    
                                                                                                                                
CRYSTAL  KOENEMAN,  Staff,  Representative  Cathy  Munoz,  Alaska                                                               
State  Legislature,  on  behalf of  Representative  Munoz,  prime                                                               
sponsor of HB  334, explained that Version  P incorporated recent                                                               
committee recommendations made during  the previous discussion of                                                               
[Version N] on 4/5/16.                                                                                                          
                                                                                                                                
3:48:53 PM                                                                                                                    
                                                                                                                                
MS. KOENEMAN walked  through the changes for  proposed Version P.                                                               
She directed attention to Section  1, and pointed out that intent                                                               
language had been removed.  She  moved on to Section 2, which now                                                               
included the expanded definition for  other parent, a child, or a                                                               
domestic living partner.                                                                                                        
                                                                                                                                
CHAIR SEATON  asked for clarification that  it included children,                                                               
domestic partners, and foster children.                                                                                         
                                                                                                                                
3:50:10 PM                                                                                                                    
                                                                                                                                
LINDA  BRUCE, Attorney,  Legislative  Legal Counsel,  Legislative                                                               
Legal  and Research  Services, Legislative  Affairs Agency,  said                                                               
that this language would include a foster child.                                                                                
                                                                                                                                
3:50:44 PM                                                                                                                    
                                                                                                                                
MS. KOENEMAN clarified that the new  language was on page 2, line                                                               
2,  Version  P.   She  moved  on to  the  second  change in  this                                                               
version,  page 3,  which  changed the  language  "convicted of  a                                                               
crime   involving   domestic    violence,"   regarding   military                                                               
personnel, to "clear and convincing evidence."                                                                                  
                                                                                                                                
3:51:43 PM                                                                                                                    
                                                                                                                                
MS. KOENEMAN  moved on  to the  next change  in the  proposed CS,                                                               
page  4, which  updated  the language  to  "clear and  convincing                                                               
evidence."   She directed  attention to page  4, line  29, noting                                                               
that  there  had  previously  been  a  drafting  error  and  this                                                               
language,  "the  willingness  and   ability  of  each  parent  to                                                               
facilitate  and encourage  a  close  and continuing  relationship                                                               
between the other parent and child," had been reinserted.                                                                       
                                                                                                                                
3:52:19 PM                                                                                                                    
                                                                                                                                
MS. KOENEMAN  relayed that the  final changes in the  proposed CS                                                               
were  on  page 5,  subsections  (m)  and (n),  whereby  "domestic                                                               
living partner" was added.                                                                                                      
                                                                                                                                
3:52:55 PM                                                                                                                    
                                                                                                                                
CHAIR  SEATON removed  his  objection.   There  being no  further                                                               
objection,  the proposed  committee substitute  (CS) for  HB 334,                                                               
labeled 29-LS1409\P,  Bruce, 4/5/16,  was adopted as  the working                                                               
draft.                                                                                                                          
                                                                                                                                
3:53:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO  directed   attention  to  the  language                                                               
change on page  1, line 15, "a history  of perpetrating" domestic                                                               
violence, and asked whether this history referred to one event.                                                                 
                                                                                                                                
MS.  KOENEMAN replied  that, from  conversations with  the courts                                                               
and  the   judges,  it  was  understood   that  determination  of                                                               
"history" was  up to the discretion  of the judge.   She reported                                                               
that  "history"  had been  defined  in  statute as  "one  serious                                                               
incident  of domestic  violence,  or two  or  more incidences  of                                                               
domestic violence."  She pointed  out that this language had been                                                               
removed to leave discretion to the judge.                                                                                       
                                                                                                                                
REPRESENTATIVE TALERICO  emphasized that he had  a zero tolerance                                                               
level for violent  outbursts and he wanted to  allow for judicial                                                               
discretion, so  it was  not necessary  "to build  a long  case of                                                               
violent behavior" if a person was dangerous.                                                                                    
                                                                                                                                
CHAIR SEATON  expressed his desire  that the  legislative history                                                               
would show that this was the will of the committee.                                                                             
                                                                                                                                
3:56:24 PM                                                                                                                    
                                                                                                                                
CHAIR  SEATON directed  attention to  a letter  to accompany  the                                                               
proposed  bill  to  members  of   the  House  Judiciary  Standing                                                               
Committee  which reflected  some  of the  legal  concerns of  the                                                               
House Health and Social Services Standing Committee.                                                                            
                                                                                                                                
3:57:12 PM                                                                                                                    
                                                                                                                                
TANEEKA HANSEN,  Staff, Representative Paul Seaton,  Alaska State                                                               
Legislature,  paraphrased from  the points  of concern  raised in                                                               
the letter  titled "Letter to  Judiciary on  HB 334 from  the HHS                                                               
committee," [included  in members' packets].   She explained that                                                               
there were  some questions that  included whether  the rebuttable                                                               
presumption should  be removed entirely  from the  proposed bill,                                                               
or  for the  standards to  be adjusted.   She  reported that  the                                                               
first version  of the proposed  bill had included  the rebuttable                                                               
presumption  but had  required  a conviction,  whereas Version  P                                                               
removed  the rebuttable  presumption and  changed that  burden of                                                               
proof  for the  judge to  consider  domestic violence  to a  much                                                               
lower standard of  clear and convincing evidence.   She suggested                                                               
that there could be further discussion in the next committee.                                                                   
                                                                                                                                
MS. HANSEN noted there had  also been questions around the short-                                                               
term protective  orders as  to whether  they could  be considered                                                               
during the review  of history of domestic violence,  and how easy                                                               
it was  for them to be  issued.  She reported  there was interest                                                               
in  knowing how  often the  rebuttable presumption  was requested                                                               
and how  often it was applied.   She shared the  question for the                                                               
availability  of the  batterers  intervention  program which  was                                                               
required  under current  statute.    She that  there  was also  a                                                               
question regarding  the number of supervised  visitation programs                                                               
available  to parents  who  were not  able to  find  a friend  or                                                               
family member to supervise for free.                                                                                            
                                                                                                                                
3:59:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR offered  her belief that it  was necessary to                                                               
know how often the short  term protective orders were approved or                                                               
denied.    She  asked  that domestic  living  partners,  and  the                                                               
challenges posed by "blended families" also be considered.                                                                      
                                                                                                                                
REPRESENTATIVE  TARR  said  that  she  was  struggling  with  the                                                               
proposed bill  and its implications.   She shared  that, although                                                               
it was  the mandate of  the committee  to focus on  public health                                                               
matters, she  wanted to ensure that  it was clear that  the House                                                               
Health  and Social  Services Standing  Committee deemed  domestic                                                               
violence to  be a  serious public health  issue that  warranted a                                                               
great  deal of  attention  with additional  programmatic work  to                                                               
address the  issue.  She stated  that her not attempting  to stop                                                               
the  proposed bill  was  not  an indication  of  support, as  the                                                               
proposed bill was moving beyond  the public health realm and more                                                               
toward applications of  the law, which was beyond  the purview of                                                               
this committee.                                                                                                                 
                                                                                                                                
CHAIR SEATON reflected  that the committee had  done an excellent                                                               
job of refining  a proposed bill so that it  was not overly broad                                                               
with the  possibility of interpretation for  domestic violence to                                                               
not receive closer scrutiny.                                                                                                    
                                                                                                                                
MS.   KOENEMAN  expressed   agreement   and  understanding   that                                                               
discussions about domestic violence  are difficult and emotional.                                                               
She allowed that the laws governing  the issue were not easy, and                                                               
that  the  sponsor  wanted  the   extra  review  from  the  House                                                               
Judiciary  Standing  Committee  to address  additional  concerns.                                                               
She  asked   that  both  sides   work  together  to   craft  good                                                               
legislation "to protect victims and children."                                                                                  
                                                                                                                                
4:05:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TALERICO moved  to report  CSHB 334,  Version 29-                                                               
LS1409\P,  Bruce,  4/5/16,  out   of  committee  with  individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
CHAIR  SEATON  objected,  stating   a  desire  by  Representative                                                               
Vazquez to be present.                                                                                                          
                                                                                                                                
4:05:21 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:05 p.m. to 4:10 p.m.                                                                       
                                                                                                                                
4:10:04 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON brought the committee back to order.                                                                               
                                                                                                                                
4:10:41 PM                                                                                                                    
                                                                                                                                
CHAIR  SEATON removed  his  objection.   There  being no  further                                                               
objection, CSHB  334(HSS) was  reported out  of the  House Health                                                               
and Social Services Standing Committee.                                                                                         
                                                                                                                                
4:11:46 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Health  and  Social  Services   Standing  Committee  meeting  was                                                               
adjourned at 4:11 p.m.                                                                                                          

Document Name Date/Time Subjects
House HSS letter to the House Judiciary Committee-HB 334-4.10.2016.pdf HHSS 4/6/2016 3:30:00 PM
HB 334