03/24/2017 01:00 PM House JUDICIARY
| Audio | Topic | 
|---|---|
| Start | |
| HB69 | |
| HB108 | |
| HB123 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 123 | TELECONFERENCED | |
| + | HB 108 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 69 | TELECONFERENCED | |
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 24, 2017                                                                                         
                           1:04 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Zach Fansler, Vice Chair                                                                                         
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative Gabrielle LeDoux                                                                                                 
Representative David Eastman                                                                                                    
Representative Lora Reinbold (telephonic)                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Chuck Kopp                                                                                                       
Representative Charisse Millett (alternate)                                                                                     
Representative Louise Stutes (alternate)                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 69                                                                                                               
"An Act  repealing the Workers' Compensation  Appeals Commission;                                                               
relating  to decisions  and orders  of the  Workers' Compensation                                                               
Appeals Commission; relating to  superior court jurisdiction over                                                               
appeals  from  Alaska   Workers'  Compensation  Board  decisions;                                                               
repealing  Rules  201.1,  401.1,   and  501.1,  Alaska  Rules  of                                                               
Appellate  Procedure, and  amending Rules  202(a), 204(a)  - (c),                                                               
210(e), 601(b), and 603(a), Alaska  Rules of Appellate Procedure;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
     - MOVED CSHB 69(JUD) OUT OF COMMITTEE                                                                                      
                                                                                                                                
HOUSE BILL NO. 108                                                                                                              
"An Act  adopting and relating  to the Revised  Uniform Fiduciary                                                               
Access to Digital Assets Act."                                                                                                  
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 123                                                                                                              
"An Act relating to disclosure  of health care services and price                                                               
information; and providing for an effective date."                                                                              
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 69                                                                                                                   
SHORT TITLE: REPEAL WORKERS' COMP APPEALS COMMISSION                                                                            
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/20/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/20/17       (H)       L&C, JUD                                                                                               
02/06/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/06/17       (H)       Heard & Held                                                                                           
02/06/17       (H)       MINUTE (L&C)                                                                                           
02/10/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
02/10/17       (H)       Moved HB 69 Out of Committee                                                                           
02/10/17       (H)       MINUTE (L&C)                                                                                           
02/13/17       (H)       L&C RPT 5DP 1NR                                                                                        
02/13/17       (H)       DP: SULLIVAN-LEONARD, STUTES, BIRCH,                                                                   
                         KNOPP, KITO                                                                                            
02/13/17       (H)       NR: JOSEPHSON                                                                                          
02/22/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
02/22/17       (H)       Scheduled but Not Heard                                                                                
02/27/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
02/27/17       (H)       Heard & Held                                                                                           
02/27/17       (H)       MINUTE (JUD)                                                                                           
03/10/17       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/10/17       (H)       Heard & Held                                                                                           
03/10/17       (H)       MINUTE (JUD)                                                                                           
03/20/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
03/20/17       (H)       Scheduled but Not Heard                                                                                
03/24/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 108                                                                                                                  
SHORT TITLE: FIDUCIARY ACCESS TO DIGITAL ASSETS                                                                                 
SPONSOR(s): CLAMAN                                                                                                              
                                                                                                                                
02/08/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/17       (H)       L&C, JUD                                                                                               
03/08/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/08/17       (H)       Heard & Held                                                                                           
03/08/17       (H)       MINUTE (L&C)                                                                                           
03/10/17       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/10/17       (H)       Moved HB 108 Out of Committee                                                                          
03/10/17       (H)       MINUTE (L&C)                                                                                           
03/13/17       (H)       L&C RPT 7DP                                                                                            
03/13/17       (H)       DP: SULLIVAN-LEONARD, STUTES, WOOL,                                                                    
                         JOSEPHSON, BIRCH, KNOPP, KITO                                                                          
03/24/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 123                                                                                                                  
SHORT TITLE: DISCLOSURE OF HEALTH CARE COSTS                                                                                    
SPONSOR(s): SPOHNHOLZ                                                                                                           
                                                                                                                                
02/13/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/13/17       (H)       HSS, JUD                                                                                               
03/02/17       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/02/17       (H)       Heard & Held                                                                                           
03/02/17       (H)       MINUTE (HSS)                                                                                           
03/09/17       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/09/17       (H)       Moved CSHB 123(HSS) Out of Committee                                                                   
03/09/17       (H)       MINUTE (HSS)                                                                                           
03/10/17       (H)       HSS RPT CS (HSS) 5DP 2NR                                                                               
03/10/17       (H)       DP: JOHNSTON, TARR, EDGMON, SULLIVAN-                                                                  
                         LEONARD, SPOHNHOLZ                                                                                     
03/10/17       (H)       NR: KITO, EASTMAN                                                                                      
03/24/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DEBORAH BEHR, Commissioner                                                                                                      
Uniform Law Commission                                                                                                          
Alaska Uniform Law Delegation                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 108, offered                                                                    
testimony and answered questions.                                                                                               
                                                                                                                                
KEN HELANDER, Advocacy Director                                                                                                 
American Association of Retired Persons (AARP)                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the hearing of HB 108, offered                                                                    
support for the legislation.                                                                                                    
                                                                                                                                
REPRESENTATIVE IVY SPOHNHOLZ                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 123 on behalf of the House                                                                  
Health and Social Services Standing Committee, Representative                                                                   
Spohnholz, chair.                                                                                                               
                                                                                                                                
KIM STALDER                                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the hearing of HB 123, offered                                                                    
support for health care price transparency.                                                                                     
                                                                                                                                
BECKY HULTBERG                                                                                                                  
Alaska State Hospital and Nursing Association                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support  for   health  care  price  transparency,   and  answered                                                               
questions.                                                                                                                      
                                                                                                                                
KYLE MIRKA                                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support for the legislation.                                                                                                    
                                                                                                                                
PERRY ALLARD                                                                                                                    
Senior Advisor                                                                                                                  
Wilson Agency                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support for the legislation.                                                                                                    
                                                                                                                                
RHONDA KITTER, Chief Financial Officer                                                                                          
Public Education Health Trust                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support for the legislation.                                                                                                    
                                                                                                                                
GEORGE McKEE, Member                                                                                                            
Mat-Su Borough Assembly                                                                                                         
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support for the legislation.                                                                                                    
                                                                                                                                
JOHN MOOSEY, Borough Manager                                                                                                    
Matanuska-Susitna Borough Assembly                                                                                              
Palmer, Alaska                                                                                                                  
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support for the legislation.                                                                                                    
                                                                                                                                
T.J. ALINEN                                                                                                                     
Assistant Vice President                                                                                                        
Human Resources                                                                                                                 
Denali Federal Credit Union                                                                                                     
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support for the legislation.                                                                                                    
                                                                                                                                
TOM WESCOTT, President                                                                                                          
Alaska Professional Fire Fighters Association                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support for the legislation, and answered questions.                                                                            
                                                                                                                                
BLANCHE SHEPPARD                                                                                                                
Northrim Benefits Group                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support for the legislation.                                                                                                    
                                                                                                                                
JEFF RANF, Consultant                                                                                                           
Alaskans for Sustainable Healthcare Coalition                                                                                   
Unknown City                                                                                                                    
POSITION STATEMENT:   During the hearing of HB  123, stressed the                                                             
importance of health care transparency.                                                                                         
                                                                                                                                
JASON HIPSZER                                                                                                                   
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support for the legislation.                                                                                                    
                                                                                                                                
DENISE DANIELLO, Executive Director                                                                                             
Alaska Commission on Aging                                                                                                      
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During  the  hearing  of HB  123,  offered                                                             
support for the legislation.                                                                                                    
                                                                                                                                
BERNICE NISBETT, Staff                                                                                                          
Representative Ivy Spohnholz                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    On behalf  of  Representative  Spohnholz,                                                             
presented the sectional explanation of changes.                                                                                 
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:04:51 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to  order at 1:04  p.m.  Representatives  Claman, LeDoux,                                                               
Fansler, Eastman,  and Reinbold (telephonically) were  present at                                                               
the  call to  order.   Representatives Kreiss-Tomkins  arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
         HB 69-REPEAL WORKERS' COMP APPEALS COMMISSION                                                                      
                                                                                                                                
1:06:45 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE BILL  NO. 69. "An  Act repealing the  Workers' Compensation                                                               
Appeals  Commission;  relating to  decisions  and  orders of  the                                                               
Workers'  Compensation Appeals  Commission; relating  to superior                                                               
court   jurisdiction   over    appeals   from   Alaska   Workers'                                                               
Compensation Board  decisions; repealing Rules 201.1,  401.1, and                                                               
501.1, Alaska  Rules of Appellate  Procedure, and  amending Rules                                                               
202(a), 204(a)  - (c), 210(e),  601(b), and 603(a),  Alaska Rules                                                               
of Appellate Procedure; and providing for an effective date."                                                                   
                                                                                                                                
CHAIR  CLAMAN noted  that  subsequent to  the  last hearing,  his                                                               
office  received  the  white  paper prepared  by  the  Office  of                                                               
Administrative    Hearings    during   the    prior    governor's                                                               
administration.    He  advised  that the  white  paper  had  been                                                               
distributed and members should have  had an opportunity to review                                                               
that copy.                                                                                                                      
                                                                                                                                
1:07:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether the intention  of the chair                                                               
was  to  pass this  bill  out  shortly,  whether there  were  any                                                               
decisions to  be made other than  voting on the bill  itself, and                                                               
whether the white paper had inspired any thoughts.                                                                              
                                                                                                                                
1:08:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  said that her  reading of the  white paper                                                               
was  that it  appeared  to  be a  discussion  about the  Workers'                                                               
Compensation Appeals  Commission's physical location  rather than                                                               
any substantive changes in procedure.                                                                                           
                                                                                                                                
REPRESENTATIVE EASTMAN commented that  he found the discussion of                                                               
saving  every   single  piece  of   paper  since   its  inception                                                               
interesting,  and yet  still not  having a  full file  room.   He                                                               
asked whether there would be more testimony.                                                                                    
                                                                                                                                
CHAIR CLAMAN  advised that  public testimony  was closed,  and if                                                               
someone had  questions they could be  raised.  He noted  that his                                                               
read on  the white paper  was a  housing question about  where to                                                               
put the  folks.  The  question this  bill raised was  whether the                                                               
existing  structure  was  working   with  four  volunteer  public                                                               
members and one lawyer that sits  as the chair of the commission.                                                               
He offered that  it appeared the public members are  "a little on                                                               
fringes of the  process" and there had been a  lot of turnover in                                                               
the position  of the  commission chair.   He continued  that this                                                               
was a significant  savings because according to  the white paper,                                                               
it could  save a  little rent  and have a  more efficient  use of                                                               
space.   He related that  the white  paper would have  saved some                                                               
money but nowhere close to the same amount as in HB 69.                                                                         
                                                                                                                                
1:10:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN noted  that  the  jurisdiction was  first                                                               
with the superior court with  enough consternation on all parties                                                               
to create  the commission, and  now there  seems to be  a similar                                                               
amount of  consternation at the  commission level.   He commented                                                               
that it didn't go so well  in the courts, and nothing had changed                                                               
to expect a better outcome than last time.                                                                                      
                                                                                                                                
1:11:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX advised  that she  was in  the legislature                                                               
when it was  transferred from the superior court  to the Workers'                                                               
Compensation  Appeals Commission.    She said  she never  thought                                                               
anyone  had  presented  compelling  evidence  that  there  was  a                                                               
problem with the  courts and that this  new Workers' Compensation                                                               
Appeals  Commission needed  to be  created.   She has  ultimately                                                               
come down  on the side  of the  fact that almost  everything else                                                               
moves  from  an administrative  hearing  to  the superior  court.                                                               
Therefore,   should  workers'   compensation  cases   be  treated                                                               
differently, she  asked.  Her thoughts  about moving jurisdiction                                                               
to the Office of Administrative  Hearings was that there had been                                                               
no commitment that  it would not require extra staff,  and thus a                                                               
fiscal  note.   Hence,  she  expressed, let  it  go  back to  the                                                               
courts.                                                                                                                         
                                                                                                                                
1:12:58 PM                                                                                                                    
                                                                                                                                
VICE CHAIR FANSLER moved to  report CSHB 69, Version 30-GH1773\O,                                                               
as amended  out of committee with  individual recommendations and                                                               
the accompanying  fiscal notes.   There being no  objection, CSHB
69(JUD) passed from the House Judiciary Standing Committee.                                                                     
                                                                                                                                
            HB 108-FIDUCIARY ACCESS TO DIGITAL ASSETS                                                                       
                                                                                                                                
1:13:32 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
HOUSE BILL NO. 108, "An Act  adopting and relating to the Revised                                                               
Uniform Fiduciary Access to Digital Assets Act."                                                                                
                                                                                                                                
[Chair Claman passed the gavel to Vice Chair Fansler.]                                                                          
                                                                                                                                
1:14:12 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN moved to adopt  CSHB 108, Version 30-LS0210\U as the                                                               
working  document.   There  being  no  objection, Version  U  was                                                               
before the committee.                                                                                                           
                                                                                                                                
1:14:50 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN, in presenting CSHB  108, Version U, advised that in                                                               
2015, 74,000  Alaskans, 9.9 percent of  Alaska's population, were                                                               
over  the age  of 65.   Due  to the  increasingly computer  savvy                                                               
senior  population, fiduciary  access to  digital assets  is more                                                               
important  than  ever.    He   explained  that  this  legislation                                                               
provides fiduciaries  the legal authority to  manage assets, such                                                               
as   computer   files,   digital  photographs,   and   electronic                                                               
communications.                                                                                                                 
                                                                                                                                
1:15:46 PM                                                                                                                    
                                                                                                                                
DEBORAH  BEHR,  Commissioner,   Uniform  Law  Commission,  Alaska                                                               
Uniform Law Delegation, presented her testimony as follows:                                                                     
                                                                                                                                
     Good afternoon.   I'm  Deborah Behr  and I'm  a Uniform                                                                    
     Law Delegation member from the State of Alaska.                                                                            
                                                                                                                                
     Alaska has been a member  of the Uniform Law Delegation                                                                    
     since about 1914.  And,  Uniform Law Commission is a --                                                                    
     what  I consider  to be  a state  right's organization.                                                                    
     Each state sends their  representative to meet annually                                                                    
     to  deal with  problems  that cross  state lines,  like                                                                    
     commerce, like digital assets.   And, we come up with a                                                                    
     solution after  great negotiations  that works  for all                                                                    
     of the states.  And this  bill is the result of that in                                                                    
     terms of digital assets.   Twenty -- twenty-four states                                                                    
     have already  enacted it, it  is the law in  24 states.                                                                    
     And it is  presently pending on 18 states,  of which of                                                                    
     those 18  states - 2  are sitting on  governors' desks.                                                                    
     So this  is a  -- an  actively moving  bill and  it has                                                                    
     been  generally accepted  in other  states.   And,  the                                                                    
     Uniform  Law Commissioners  have  reviewed  the --  the                                                                    
     Alaska  delegation  have  reviewed  the CS  and  we  do                                                                    
     support the CS and the changes to it.                                                                                      
                                                                                                                                
     What I thought  I'd do is give an overview  of the bill                                                                    
     and then ask if you folks  have any questions.  The Act                                                                    
     itself was  the result of  senior groups coming  to the                                                                    
     Uniform  Law  Commission  and   saying  that  they  had                                                                    
     difficulties  when a  family --  when  a family  member                                                                    
     died and  the fiduciary --  in typical cases  a husband                                                                    
     and  wife, the  wife is  the fiduciary,  she's the  one                                                                    
     that  the  husband trusted  to  deal  with her  --  his                                                                    
     assets when  he passed on.   And, there's a  problem in                                                                    
     digital assets  right now.   The law has not  kept pace                                                                    
     with digital assets,  such that in a  typical case, the                                                                    
     husband --  and the example  of digital assets  is like                                                                    
     the family photo album.   In my house, my husband takes                                                                    
     all the family photos, puts  them on some cloud or some                                                                    
     -- some server  that I don't quite  understand, and has                                                                    
     a --  they're password  protected or encrypted  so that                                                                    
     the average  person can't  get to his  photos.   He has                                                                    
     also  signed a  contract  with the  custodian of  those                                                                    
     photos and  in that  contract they  agree to  keep them                                                                    
     confidential,  people can't  generally  have access  to                                                                    
     it.   And, that's generally  where the problem  is with                                                                    
     digital assets  and why they're different  than your --                                                                    
     your  deed,   your  house,  your  car,   whatever  will                                                                    
     transfer  at your  death.   Because  they are  password                                                                    
     protected  and there's  also  been  a contract  promise                                                                    
     between  -- in  my case,  it would  be my  husband that                                                                    
     passed away, there would be  a contract promise between                                                                    
     the custodian  Google, Facebook,  whatever, to  keep my                                                                    
     husband's documents on file with them confidential.                                                                        
                                                                                                                                
1:18:27 PM                                                                                                                    
                                                                                                                                
     So, we  -- we  reported -- we  received cases  from all                                                                    
     over  the United  States about  people  wanting to  get                                                                    
     even the most basic thing  like the family photo album.                                                                    
     And when  they would go  to Google or Facebook  for it,                                                                    
     and they'd  say, "Geez,  we'd really  like to  help you                                                                    
     but  your husband,  the decedent  - the  user, when  he                                                                    
     signed the  Terms of Service  Agreement with  Google or                                                                    
     Facebook,  he asked  for us  to  keep it  confidential.                                                                    
     That's  our standard  form and  we're stuck  with that.                                                                    
     Please get a court order."   Court orders are expensive                                                                    
     to get  and there's a  delay in getting them,  and it's                                                                    
     also at  a time for  families when it's  very stressful                                                                    
     for them, there's  been a death in  the family, there's                                                                    
     been  a disability  in the  family, and  it just  takes                                                                    
     time.   And, in some  cases that time has  actual money                                                                    
     costs of family.  One  example that someone gave me was                                                                    
     where someone had -- became  disabled and he was a sole                                                                    
     proprietor  of a  business.   He has  all his  business                                                                    
     records  in  the cloud,  paperless  in  his office  and                                                                    
     somebody  had to  come and  run his  business while  he                                                                    
     recuperated.   Well,  the problem  is,  the husband  at                                                                    
     that  point  did not  have  capacity  to say  what  his                                                                    
     passwords were  or even  where they  were --  where the                                                                    
     digit assets  were located.   So, it  ended up  being a                                                                    
     big  mess for  the  family.   The  family defaulted  on                                                                    
     loans,  they  had  to  pay  extra  interest  that  they                                                                    
     wouldn't have  to deal with.   And so, that's  -- those                                                                    
     are the kinds of problems  that came to the Uniform Law                                                                    
     Commission.                                                                                                                
                                                                                                                                
1:19:58 PM                                                                                                                    
                                                                                                                                
     Why  we  thought a  uniform  law  was important  across                                                                    
     state  lines, because  first of  all, digital  commerce                                                                    
     goes across states lines.   We don't have any choice in                                                                    
     that.   And  also, residents  of Alaska  travel a  lot.                                                                    
     And so  you want to  make sure that  their expectations                                                                    
     are followed and then the  bill basically says that you                                                                    
     look at the  residency of where the user,  in this case                                                                    
     my  deceased husband,  would  be --  what  kind of  law                                                                    
     would apply.   So, in this case it would  be Alaska law                                                                    
     applied.                                                                                                                   
                                                                                                                                
     So,  what   is  the  solution  that   the  Uniform  Law                                                                    
     Commissioners came  up with?   And, this  -- this  is a                                                                    
     result of  a two-year public process,  its open public,                                                                    
     anybody can  come to our  meetings.   Google, Facebook,                                                                    
     the industry  was there, senior groups  were there, and                                                                    
     just anybody  who cared to.   And,  after the end  of a                                                                    
     two-year process it  came up with what I  call and "opt                                                                    
     in"  system.   So that  the decedent,  the person  when                                                                    
     they're alive  has to say  to Google or  Facebook, this                                                                    
     is how  I would like  my digital assets handled.   And,                                                                    
     it's called an "online tool,"  that's the buzz word for                                                                    
     it.   So, Google or  Facebook will have an  online tool                                                                    
     so that when  you open the account, it will  come up as                                                                    
     a  separate electronic  document that  you will  decide                                                                    
     whether you want to use it  or not.  You don't have to,                                                                    
     there's no  requirement that  you do.   And, if  you do                                                                    
     use it,  then that sets  the clear path for  the family                                                                    
     photos to go to whoever  the decedent had wanted at the                                                                    
     time  that  he  opened   the  account  with  Google  or                                                                    
     Facebook.   And,  you can  change it  readily, and  the                                                                    
     nice thing  about it,  people have  asked me  about it,                                                                    
     you don't  need a lawyer  to do  the online tool.   You                                                                    
     can  have a  different person  who has  access to  your                                                                    
     family  photos, or  your music,  whatever makes  sense.                                                                    
     Like in your  financial records, you may  not want your                                                                    
     children  to have  access to  them, you  may want  your                                                                    
     brother who's a CPA to do  them if you pass away.  But,                                                                    
     your  music or  the  family photos  can have  children,                                                                    
     something like  that might be  just fine.  So,  it's an                                                                    
     opt  in  system, person  does  nothing,  they don't  --                                                                    
     can't take  the benefits  of the  online tool,  but the                                                                    
     online tool is available for them.                                                                                         
                                                                                                                                
1:22:10 PM                                                                                                                    
                                                                                                                                
     Okay, what happens  if there is no online  tool, or the                                                                    
     person just  decides not to use  it, or in the  case of                                                                    
     probably all of  us in this room, we  have open digital                                                                    
     accounts  years ago  and  this  tool wasn't  available.                                                                    
     Okay, so  the tool isn't  available, you go  onto, what                                                                    
     is  called the  -- you  look at  the person's  will and                                                                    
     this  bill also  covers  trusts,  powers of  attorneys,                                                                    
     guardianship and  conservatorship.   But, I'm  going to                                                                    
     focus on wills because it  is easier to understand.  If                                                                    
     it is very clear in the  will who you want your digital                                                                    
     assets to go to, then that  -- the bill sets a priority                                                                    
     system for  that.  The issue  that came up in,  when we                                                                    
     were dealing with this, is  most wills are the typical,                                                                    
     I  give all  my assets  to my  wife, or  I give  all my                                                                    
     assets  to my  husband.   And, that  generally will  --                                                                    
     causes a  problem because you  don't know  whether it's                                                                    
     digital  assets and  you also  have this  contract that                                                                    
     your  husband signed,  or your  wife signs  saying that                                                                    
     they  would like  to have  this doc  -- digital  assets                                                                    
     treated in  a confidential manner.   So, if  it's clear                                                                    
     enough in  the will  that you can  see it,  the digital                                                                    
     assets were intended and there  is expressed consent in                                                                    
     there "I  want my  fiduciary, my  wife, or  whoever, to                                                                    
     get access to  them."  Then that's  the trigger, that's                                                                    
     the second level of the online system.                                                                                     
                                                                                                                                
     The  third level  of --  supposing you  have no  online                                                                    
     tool, wasn't  available or you  just didn't cho  -- you                                                                    
     were in a  hurry and buzzed through that  screen on it.                                                                    
     Your will is  a general will or a lot  of Alaskans have                                                                    
     no wills.   So,  you have no  will, what  happens next?                                                                    
     It's  the Terms  of  Service Agreement  applied.   And,                                                                    
     that's the  Terms of Service Agreement  that my husband                                                                    
     signed  with Google  or Facebook.   They  are generally                                                                    
     going  to  mean you've  got  a  court  case out  of  it                                                                    
     because of --  in the Terms of  Service Agreement there                                                                    
     generally, you are going to  keep this confidential and                                                                    
     so you  are basically  stuck with a  court case  on it.                                                                    
     So, but if  somebody chooses to do nothing,  the -- and                                                                    
     doesn't do  an online tool, their  will doesn't address                                                                    
     it,  then  you  will  look  at  the  Terms  of  Service                                                                    
     Agreement.                                                                                                                 
                                                                                                                                
1:24:26 PM                                                                                                                    
                                                                                                                                
     This  system has  been supported  by industry,  Google,                                                                    
     Facebook, have  -- and technical groups  have supported                                                                    
     it, senior  groups nationwide, our National  Academy of                                                                    
     Elder  Attorneys have  supported it.   In  Alaska we're                                                                    
     very pleased that  the Alaska AARP has  supported it, a                                                                    
     major trust company  in Alaska have said  "Yes, this is                                                                    
     a problem  in Alaska" and  they support it,  and Alaska                                                                    
     Commission on  Aging.  You  will see  those endorsement                                                                    
     letters in this file.                                                                                                      
                                                                                                                                
     The other interplay with digital  assets is, there is a                                                                    
     federal  law  on  this issue  dealing  with  electronic                                                                    
     communications and  how you store  them, but  they have                                                                    
     to be confidential.  So, the  bill sets up a system for                                                                    
     a  special   treatment  for  email,  because   I  think                                                                    
     everybody in  this room, when  you write an  email, you                                                                    
     don't think  people are going  to be reading  over your                                                                    
     shoulder and  looking at  how you're  doing it  and all                                                                    
     that.  So,  how the bill sets up a  structure for email                                                                    
     is,  if   you  give  consent,  express   consent  -  my                                                                    
     fiduciary, my  wife can  have access  to the  email, no                                                                    
     question,  you can  get it  onto the  bill.   The other                                                                    
     option is  a court order  because courts right  now can                                                                    
     monitor that when it's appropriate.   If the person has                                                                    
     not  done  an express  consent,  and  there's no  court                                                                    
     order, then the  best that the fiduciary gets  is -- in                                                                    
     this  bill  -  is  what   is  called  the  "Catalog  of                                                                    
     Electronic Communications."  And,  what that sets up is                                                                    
     just the "to,  from, and the date and  the addresses on                                                                    
     it."    Not the  subject  line,  not  the body  of  it.                                                                    
     Because the person did not  express, during his life --                                                                    
     his  or  her  lifetime,  that  they  would  want  their                                                                    
     electronic  communications  viewed  by a  third  party,                                                                    
     even  a spouse.   And,  that's absolutely  appropriate.                                                                    
     The fiduciaries  in this area  have said they can  do a                                                                    
     lot with the  name and the email address.   They can go                                                                    
     and --  if you see 10  emails from Wells Fargo  and the                                                                    
     banks, they pretty much have  a good idea you have some                                                                    
     financial relationship  with Wells  Fargo and  they can                                                                    
     go forward and  deal with them.  And, a  big issue that                                                                    
     I've  done  some  research   recently  on  is,  closing                                                                    
     accounts.   There's a whole  lot of fraud in  this area                                                                    
     when  somebody  leaves  a digital  account  open  after                                                                    
     someone dies.  People will  go in and open credit cards                                                                    
     on it, they will send out  flyers saying "I'm ill and I                                                                    
     need contributions  for my medical  care."   You really                                                                    
     need to  close these accounts  and this will  allow you                                                                    
     to identify the accounts and go forward with it.                                                                           
                                                                                                                                
1:27:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  noted that  Ms. Behr referred  to pictures                                                               
and Facebook,  and asked  whether this would  let someone  into a                                                               
regular Facebook account.                                                                                                       
                                                                                                                                
MS. BEHR responded  that, currently, Facebook has  what is called                                                               
a "Legacy Form,"  so if a person opens a  Facebook account today,                                                               
her understanding  is that the  person can  say "If I  pass away,                                                               
this  is --  the person  can have  access to  my private  part of                                                               
Facebook."    She  commented  that   she  is  not  an  expert  in                                                               
electronics  and can  get way  ahead of  herself easily,  but her                                                               
understanding is that  there is a public part of  it where anyone                                                               
can look at it, and then  there's a private part where the person                                                               
has to friend people and people  have to come into it, that's the                                                               
part  that this  bill  deals  with.   It  also  deals with  email                                                               
communications.    The  definition  of digital  asset  is  pretty                                                               
broad, and it  can include things that have a  value, like domain                                                               
names, bit  coins - electronic  currency.   So, it's a  big issue                                                               
nationwide and a big issue that affects seniors.                                                                                
                                                                                                                                
1:29:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX referred  to  people  with prior  Facebook                                                               
accounts, and  asked whether  Facebook is  amenable to  sending a                                                               
notice with a link to the legacy form.                                                                                          
                                                                                                                                
MS. BEHR  stated that she  does not represent Google  or Facebook                                                               
and  doesn't  want  to  speak  for these  businesses.    She  did                                                               
acknowledged  that [the  legacy form]  is there  and people  have                                                               
been  using it.   In  response  to the  subset of  Representative                                                               
LeDoux's  question, she  said that  people have  asked her  about                                                               
training, and the  senior groups advised that  they will actively                                                               
offer education on this topic, and  she was advised by the Alaska                                                               
Bar Association's Committee  on Probate that it  is interested in                                                               
making sure everyone  is aware of it.  Also,  when searching [the                                                               
internet], she  found that  a tremendous  amount of  material was                                                               
out  there.   She  commented  that  she  doesn't believe  it  has                                                               
trickled up  to Alaska much,  but it  is an issue  because Alaska                                                               
does  have a  major trust  company that  reported it  was a  real                                                               
issue for them.                                                                                                                 
                                                                                                                                
1:30:27 PM                                                                                                                    
                                                                                                                                
MS. BEHR continued her testimony as follows:                                                                                    
                                                                                                                                
     What  happens  if  I'm  a   fiduciary  and  my  --  the                                                                    
     decedent, my  husband whatever, has said  "Yes, you may                                                                    
     have access."  All  the duties and responsibilities the                                                                    
     fiduciary  has such  as  like, protecting  information,                                                                    
     checking on  copyrights, things like  that.   They have                                                                    
     the  same  responsibilities  that you  have  for  other                                                                    
     assets that are  in the estate.  And, the  bill sets up                                                                    
     what  kinds of  things that  they have  to give  to the                                                                    
     Google  or  Facebook  to get  the  information.    It's                                                                    
     usually  things  like  a certified  death  certificate,                                                                    
     things like that.                                                                                                          
                                                                                                                                
     If  -- the  bill does  provide immunity  for Google  or                                                                    
     Facebook if  they do it  right, according to  the bill,                                                                    
     and  if  they  respond appropriately  within  60  days.                                                                    
     And,  that's a  big deal  because right  now, this  can                                                                    
     languish on  for long periods  of time while  Google is                                                                    
     checking with  its attorney or  you're getting  a court                                                                    
     order.   There's no  real parameters  of trying  to get                                                                    
     things out.  This puts a  limit of 60 days to make sure                                                                    
     that  things are  done appropriately  according to  the                                                                    
     bill.                                                                                                                      
                                                                                                                                
     Okay,  the bill  does not  apply to  digital assets  of                                                                    
     employers.  So like there's  a lot of private employers                                                                    
     that  pretty  much allow  people  to  use the  business                                                                    
     computer for their  own use.  It does not  -- this bill                                                                    
     does not deal with that, that's separate and apart.                                                                        
                                                                                                                                
     Sec. 1  of the  CS, and  how it  differs from  the base                                                                    
     bill,  amends the  Alaska statutory  form  of power  of                                                                    
     attorney bill to  allow people, if they  use the canned                                                                    
     statutory  form of  power of  attorney,  that they  can                                                                    
     specifically  give  consent  for access  to  electronic                                                                    
     documents.    And  that  was  sort  of  brought  to  my                                                                    
     attention when  I testified last  time, that  there was                                                                    
     an amendment that  needed to be done  there, and that's                                                                    
     appropriate.                                                                                                               
                                                                                                                                
1:32:41 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  referred to Ms.  Behr's example of  photographs and                                                               
another  example of  emails, and  noted that  it sounds  like the                                                               
bill  specifically  distinguishes  those  two.   For  example,  a                                                               
person  might be  comfortable giving  someone complete  access to                                                               
their Facebook  account, but wanted to  treat emails differently.                                                               
In that  case, the emails may  be set up so  that the information                                                               
people would  have access to  would be the communication,  who it                                                               
was  going to,  and who  it  was coming  from, only.   This  bill                                                               
allows that distinction to be made, he quiered.                                                                                 
                                                                                                                                
MS. BEHR answered that one of  the concerns of privacy groups was                                                               
to  make sure  that the  content of  the email  was confidential.                                                               
Also, within  federal law,  the content of  an email  has special                                                               
privacy rights,  which is why  it requires an express  consent to                                                               
get at the content of an email, or a court order, she said.                                                                     
                                                                                                                                
1:33:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  said he understands that  the Uniform Law                                                               
Commission decided a  bill was appropriate in  this instance, and                                                               
asked why this  would not be handled simply  by encouraging those                                                               
who write  wills and  templets for  wills to  make sure  this was                                                               
addressed in that will somewhere.                                                                                               
                                                                                                                                
MS. BEHR  explained that there  is still the problem  with Google                                                               
or Facebook.  For example, in  the event her husband was deceased                                                               
and  he  signed  a  contract  with a  third  party  to  keep  his                                                               
information  confidential   with  a  third  party,   she  has  no                                                               
relationship with that third party.   That, she explained, is the                                                               
overlay  that  makes this  different  from  your house,  car,  or                                                               
whatever.   Also, her husband's  photographs or  business records                                                               
are password  protected or  encrypted, and just  putting it  in a                                                               
will does not deal with this  major issue of the spouse not being                                                               
a party  to the contract.   She asked, why Google  would give her                                                               
access to  an account  when Google doesn't  know whether  the two                                                               
parties have  any relationship with  each other even  though they                                                               
are still married.                                                                                                              
                                                                                                                                
1:35:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether the Uniform  Law Commission                                                               
distinguishes  between emails  and photographs  on the  one hand,                                                               
and digital asset passwords on the  other hand.  In the event his                                                               
spouse were  to die  or vice  versa, the  passwords would  be the                                                               
most sought after  for bank accounts, or any  number of different                                                               
reasons.   Those passwords  would be part  of the  digital assets                                                               
but  do not  necessarily fall  in under  Facebook or  Google, but                                                               
rather it is electronic information  that was saved somewhere, he                                                               
said.                                                                                                                           
                                                                                                                                
1:36:16 PM                                                                                                                    
                                                                                                                                
MS.  BEHR  pointed out  that  passwords  are an  interesting  and                                                               
difficult  issue because  passwords are  generally linked  with a                                                               
particular account, such as bank  account, Facebook, or whatever,                                                               
and a person must know the  password to have access.  The problem                                                               
with passwords  is that  they change,  people have  accounts that                                                               
they  don't  necessarily,  even   for  themselves,  remember  the                                                               
password.   A system  must be provided  in that  situation where,                                                               
for example  a sole proprietor  had a stroke and  the [fiduciary]                                                               
didn't know  where the accounts  or passwords were located.   She                                                               
related  that "You  have  to  be able  to  go  directly into  the                                                               
accounts  and  be  able  to  have  a  relationship  with  Google,                                                               
Facebook,  whoever has  the electronic  assets."   She  explained                                                               
that the  bill allows several  ways to obtain the  documents such                                                               
as,  in the  case of  a guardianship  or conservatorship  wherein                                                               
they  are limited  to  financial records.   The  bill  sets up  a                                                               
system to  deal with  that because passwords  change, and  also a                                                               
person doesn't  want a booklet  sitting around with  passwords in                                                               
it, she said.                                                                                                                   
                                                                                                                                
1:38:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  whether  this has  any impact  on                                                               
"our  legislative Facebook  accounts?"   She  referred to  former                                                               
Representative  Gruenberg, and  how  it would  have impacted  the                                                               
situation with Representative Gruenberg.                                                                                        
                                                                                                                                
MS. BEHR  responded that  she was unaware  of the  situation with                                                               
former Representative Gruenberg.                                                                                                
                                                                                                                                
1:38:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked  Chair   Claman  to  discuss  the                                                               
situation in  that "they didn't  have the ability to  access some                                                               
of his important legislative work and items in his office."                                                                     
                                                                                                                                
1:39:06 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN   related  that  with  respect   to  Representative                                                               
Gruenberg and  Facebook, Representative Gruenberg, for  whom this                                                               
room is  named, liked  books, papers,  and the  old style  way of                                                               
doing things  and if he  had a Facebook  account, no one  saw it.                                                               
He opined that there were  issues involving his actual papers and                                                               
who had custody of the  papers, and the email communications were                                                               
probably  more  undertaken  by   his  staff  than  Representative                                                               
Gruenberg.  He  said was unsure how this would  fit into that but                                                               
in  terms  of  the  motivation  for the  bill,  he  could  assure                                                               
Representative  Reinbold that  Representative Gruenberg's  recent                                                               
death had  absolutely nothing to do  with the bill.   The Uniform                                                               
Law  Commission  asked  him,  as  the  House  Judiciary  Standing                                                               
Committee chair,  to introduce  this bill  due to  the increasing                                                               
need, on  a national level,  to address  these issues.   He added                                                               
that   as  someone   fairly  familiar   with   the  Uniform   Law                                                               
Commission's process,  this legislation  seemed like a  good bill                                                               
to bring forward due to the issues it raised.                                                                                   
                                                                                                                                
CHAIR CLAMAN opined that in the  world of an estate setting, or a                                                               
severely disable person  who can no longer  manage their affairs,                                                               
he   believed  the   courts  would   view  access   to  financial                                                               
information from a  bank, with that password,  would be important                                                               
information  to let  the estate  know of  their assets,  how much                                                               
money there was, and what other  assets they have that need to be                                                               
managed.   Whereas,  email  communications  and privacy  concerns                                                               
enters  into a  different realm  in terms  of where  does privacy                                                               
come in.   He related that  his executors would have  an interest                                                               
in knowing  where the money  was, which is different  from emails                                                               
in the realm of privacy.                                                                                                        
                                                                                                                                
CHAIR CLAMAN  commented that most people  do not have a  will and                                                               
the bill  makes it easier  in the instance  of an interesse.   It                                                               
creates ways  for family members to  figure that in, and  it also                                                               
creates a  forum for the contractual  relationship between places                                                               
like Facebook  and email carriers to  be able to deal  with those                                                               
things without a will setting out what to do.                                                                                   
                                                                                                                                
1:43:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked whether  this bill would  have any                                                               
impact on  a person's work account  or a public office  and said,                                                               
for  example,  she  has   a  "Representative  Reinbold"  Facebook                                                               
account.                                                                                                                        
                                                                                                                                
CHAIR  CLAMAN  opined  that  the   Facebook  account  reflects  a                                                               
relationship between you  and Facebook even though  you have that                                                               
relationship in  your representative capacity, and  your Facebook                                                               
account  is not  formally part  of what  the Legislative  Affairs                                                               
Agency manages.   Therefore, that becomes  a relationship between                                                               
you,  the individual  who  happens to  be  a representative,  and                                                               
Facebook.     Whereas,   your   email   communications  in   your                                                               
Representative  Lora  Reinbold  account, managed  by  Legislative                                                               
Affairs Agency,  gets into the  more complicated  questions about                                                               
public officials, public records, and who controls those.                                                                       
                                                                                                                                
1:45:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD asked  Ms. Behr to answer,  as the former                                                               
regulatory review [supervisor].                                                                                                 
                                                                                                                                
MS. BEHR  advised that she  had nothing to  follow up with  as to                                                               
Chair Claman's answer.                                                                                                          
                                                                                                                                
1:45:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX noted  that when  the discussion  is about                                                               
digital  bank account  information, she  opined there  must be  a                                                               
procedure  where the  executor  goes to  the  bank after  someone                                                               
dies,  and  the  bank  provides the  information.    The  digital                                                               
account is contained in the app, she said.                                                                                      
                                                                                                                                
MS.  BEHR said  that she  noticed that  younger attorneys  at the                                                               
Department  of Law  are moving  their private  personal financial                                                               
accounts  to be  totally paperless.    In the  situation where  a                                                               
person  has  a totally  paperless  account,  the concern  is  the                                                               
executor  locating  the  account  and  how  they  will  find  the                                                               
account.   In  this  bill,  a person  can  receive  a Catalog  of                                                               
Communications  which depicts  the following:  To, From,  Date of                                                               
emails.   For  example, her  husband recently  received something                                                               
from the  bank advising  that his tax  return form  was available                                                               
and it  was around  tax time, this  information offered  a pretty                                                               
good  idea  of  some   financial  relationship.  Trust  companies                                                               
believe this bill is a good idea  because a person has to be able                                                               
to  gather  information  where  the  assets  are  located.    The                                                               
executor still has  to go to the bank and  fill out its paperwork                                                               
according to  the banking  and stock broking  laws.   She pointed                                                               
out  that  this  bill  helps  to  locate  assets  the  family  or                                                               
fiduciary didn't know were available.                                                                                           
                                                                                                                                
1:48:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX commented  that she likes the  idea of this                                                               
law and she  wasn't trying to give  Ms. Behr a hard  time, but if                                                               
she  was the  executor of  her brother's  estate and  didn't know                                                               
where he banked because everything  was totally paperless, if she                                                               
had any  relationship with  her brother  she would  probably know                                                               
where he worked and where they were depositing his checks.                                                                      
                                                                                                                                
MS. BEHR  agreed that that  was definitely is a  possibility, but                                                               
there are people  without a strong relationship  with an employer                                                               
or  they are  self-employed.   This  bill covers  a multitude  of                                                               
situations, and  it addresses the  electronic age and  brings the                                                               
law  into conformity  with the  paperless  world, she  explained.                                                               
Therefore, it will  become more and more difficult  to locate the                                                               
assets  that a  fiduciary and  executor  have a  duty to  gather,                                                               
monitor, and pay bills.                                                                                                         
                                                                                                                                
1:50:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  how the  Uniform  Law  Commission                                                               
looked upon instances where a  third party might have an interest                                                               
in whether or not certain records  are disclosed.  For example, a                                                               
legislator specifies  in their will  that they want all  of their                                                               
digital assets available  to their wife.   Although, because they                                                               
work for  the legislature there are  confidentiality expectations                                                               
with regard to  communications that might, in  all likelihood, be                                                               
part  of those  records.   Or,  someone works  for  the Army,  or                                                               
whoever,  and their  employer thinks  it has  an interest  in the                                                               
spouse not having access to those kinds of records, he offered.                                                                 
                                                                                                                                
1:50:44 PM                                                                                                                    
                                                                                                                                
MS. BEHR pointed  out that this bill does not  change other laws.                                                               
She  referred to  copyright,  and  noted that  in  the event  she                                                               
receives an  asset that  is copyrighted, she  can't blast  it all                                                               
over the newspaper  because she has to follow copyright  law.  In                                                               
the  event  she  was  trying  to get  a  death  benefit  for  her                                                               
husband's estate, and  acquired confidential medical information,                                                               
she  has  to treat  those  records  confidentially, just  as  her                                                               
husband  would.   She reiterated  that this  bill doesn't  change                                                               
other  laws, and  it  doesn't change  how  she receives  military                                                               
benefits, or goes  into someone's bank account  because she still                                                               
has to  conform to  the law the  legislature adopted  in banking,                                                               
stock, military benefits, and such.                                                                                             
                                                                                                                                
1:51:36 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  FANSLER referred  to industry buy  in, and  noted Ms.                                                               
Behr mentioned that Google and  Facebook were supportive of this.                                                               
He  asked  whether  this  was  a  universal  buy  in,  such  that                                                               
Microsoft  and Yahoo  are buying  in, and  whether there  was 100                                                               
percent buy in,  or whether some companies are not  on board with                                                               
this.                                                                                                                           
                                                                                                                                
MS. BEHR explained  that, first of all, this bill  would not have                                                               
passed in  23 or 24 states,  and pending on two  governor's desks                                                               
if people had  serious problems with it.  She  reiterated that it                                                               
has been  an open public  process, and she specifically  asked at                                                               
the  national  office if  they  had  received complaints  or  any                                                               
serious opposition, and she was told "No."                                                                                      
                                                                                                                                
1:52:53 PM                                                                                                                    
                                                                                                                                
VICE CHAIR FANSLER inquired as  to whether any thought was given,                                                               
since there was work with  the industry, whether the industry was                                                               
willing to change the user  license agreements or terms for their                                                               
sites.  He commented that that  might be a way to assure everyone                                                               
that they have to do this,  rather than possibly having to change                                                               
their will.                                                                                                                     
                                                                                                                                
MS. BEHR  answered that  Google and Facebook  would say,  if they                                                               
were at the  witness table, that they are  following federal law.                                                               
Federal  law  has  certain  privacy  restrictions  on  electronic                                                               
communications;  therefore,  even  if   the  user  agreement  was                                                               
changed,  there  would still  be  the  problem with  federal  law                                                               
requiring  that  it  be  confidential, and  that  they  have  the                                                               
consent of  the person before  "you can  get into the  content of                                                               
their  electronic communications."    She offered  that the  nice                                                               
thing  about  the online  tool  is  that  it allows  industry  to                                                               
develop the  kind of  online tool they  want for  their business.                                                               
She said she would imagine  that Facebook has something different                                                               
than Wells  Fargo because the  needs are different.   She related                                                               
that she  heard Facebook  was setting up  legacy pages  wherein a                                                               
person  can  explain  that  their  loved  one  passed  away,  the                                                               
location of the service, and where to send donations.                                                                           
                                                                                                                                
1:54:43 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  FANSLER referred to the  industry end and the  opt in                                                               
systems, and asked whether they  are general blanket opt in, such                                                               
that  Google has  Google G-mail,  Google-drive, the  calendar and                                                               
all the different suites.  He  further asked whether it is opt in                                                               
by one or a general "you opt in and everything goes over?"                                                                      
                                                                                                                                
MS. BEHR  replied that she  doesn't have the expertise  to answer                                                               
that question.   Although, the bill  sets up for them  to have an                                                               
online tool and  she was unsure whether Google has  one for each.                                                               
It's  possible  that   they  do  because  maybe   the  needs  are                                                               
different, but she was unsure, she said.                                                                                        
                                                                                                                                
1:55:42 PM                                                                                                                    
                                                                                                                                
VICE CHAIR FANSLER noted that  Facebook is a blending of pictures                                                               
and  media that  might be  valuable,  but a  person has  Facebook                                                               
messenger which  is similar to  an email  chat system.   He asked                                                               
whether  this bill  allows a  person to  delineate between  those                                                               
two.   For  instance, say  he wanted  his future  spouse to  have                                                               
access to  all of his pictures  but not the messenger  part of it                                                               
...                                                                                                                             
                                                                                                                                
MS.  BEHR  opined  that  the   protections  for  the  content  of                                                               
electronic  communications  apply  even   if  it  was  a  blended                                                               
account, a person still has to  show consent because they have to                                                               
get around federal  law that says "consent."  She  noted that she                                                               
reviewed some of  the standard forms of consent  and offered that                                                               
it's not something someone easily  gives, such that it is similar                                                               
to the consent given to doctors  to release medical records.  She                                                               
described  that consent  as a  large couple  of sentences  so the                                                               
person  knows what  they  are  doing, and  what  access they  are                                                               
giving  up.   Although,  she explained,  a  more general  consent                                                               
would be fine for photographs.                                                                                                  
                                                                                                                                
1:57:08 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR  FANSLER  surmised  that Ms.  Behr  was  saying  that                                                               
Facebook would require  the more advanced consent  because it has                                                               
the photographs that need the  general consent, but it definitely                                                               
has the messenger portion to ...                                                                                                
                                                                                                                                
MS. BEHR pointed out that  she doesn't advise Google or Facebook,                                                               
but  she can  tell them  they need  to look  at federal  law, and                                                               
federal  law  requires  a  pretty  good  consent  on  giving  out                                                               
contents of electronic communications.                                                                                          
                                                                                                                                
1:57:39 PM                                                                                                                    
                                                                                                                                
VICE CHAIR FANSLER opened public testimony on HB 108.                                                                           
                                                                                                                                
1:57:56 PM                                                                                                                    
                                                                                                                                
KEN HELANDER, Advocacy Director,  American Association of Retired                                                               
Persons (AARP),  said it  had been  interesting listening  to the                                                               
testimony  and   questions  because  it  underscored   that  this                                                               
proposed legislation was the consequence  of this digital age and                                                               
the  increasing role  it plays  in everyday  lives.   Society has                                                               
long accepted the legally defined  role of conservator, executor,                                                               
and  agent, in  carrying  out fiduciary  duties  with respect  to                                                               
tangible  assets  on behalf  of  the  deceased individual  or  an                                                               
incapacitated  person unable  to  make decisions.   He  commented                                                               
that  the  many  accounts  a person  now  opens  digitally  could                                                               
include, commerce,  banking, entertainment, research,  and social                                                               
networking,  which   are  all  complex  and   protected  by  each                                                               
account's rules  of privacy.   He said, "I  know we all  read the                                                               
fine   print  on   those  terms   of  service   agreements,"  but                                                               
nevertheless it can be confusing.   Financial digital accounts go                                                               
beyond banking  and into an online  brokerage as to how  a person                                                               
pays  their   bills,  virtual  property  accounts   like  virtual                                                               
currencies and bit coins, air  miles, and he then listed examples                                                               
of many more  accounts.  He explained that each  of the different                                                               
types of service  have its own terms of  service agreement, which                                                               
is a  contract and companies  are reluctant to  share information                                                               
it promised not to share.   The importance of being able to close                                                               
accounts,  avoid   unnecessary  expenses,   prevent  unauthorized                                                               
account  use,  or  identity theft,  requires  new  approaches  in                                                               
managing  these affairs.   He  pointed  out that  the bill  gives                                                               
Alaskans  the right  to treat  their digital  assets in  the same                                                               
manner they  treat their tangible  assets, it  allows individuals                                                               
to  effect advanced  life  planning, and  give  a trusted  family                                                               
member  the  ability  to  settle the  loved  ones  financial  and                                                               
personal affairs.   He said  AARP Alaska supports the  passage of                                                               
HB 108.                                                                                                                         
                                                                                                                                
2:01:38 PM                                                                                                                    
                                                                                                                                
VICE CHAIR FANSLER, after ascertaining  no one wished to testify,                                                               
closed public testimony on HB 108.                                                                                              
                                                                                                                                
2:01:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  whether there  are any  deviations                                                               
between   this  bill   and  what   the  Uniform   Law  Commission                                                               
recommended for those other states.                                                                                             
                                                                                                                                
CHAIR CLAMAN  noted that it  is not the Uniform  Law Commission's                                                               
recommendation.    He  pointed  out that  during  the  course  of                                                               
drafting  HB 69,  they realized  that last  year the  legislature                                                               
changed the statutory  Power of Attorney form.   Consequently, he                                                               
said, a subsection  was included into the Power  of Attorney form                                                               
and  he  advised  that  Sec.  1,  page 3,  of  the  bill  is  the                                                               
modification to the statutory Power of Attorney form.                                                                           
                                                                                                                                
2:02:53 PM                                                                                                                    
                                                                                                                                
MS.  BEHR  remarked that  in  the  area  of  uniform law,  it  is                                                               
important that this  bill be comparable to what  other states do,                                                               
and she  ran this  base bill  through the  Chicago office  of the                                                               
Uniform Law  Commission who  said it  was just  fine.   There are                                                               
small  style changes  that  are different  for  Alaska such  that                                                               
Alaska's  definitions are  at  the end  of the  bill  and in  the                                                               
uniform  law they  are  at the  beginning,  but it  substantively                                                               
doesn't change  anything.  With  regard to the amendment  for the                                                               
Alaska  Pacific   Power  of  Attorney   form,  the   Uniform  Law                                                               
Commission would  have no  comment on  that because  it is  not a                                                               
uniform form used in other states, she offered.                                                                                 
                                                                                                                                
[Vice Chair Fansler returned the gavel to Chair Claman.]                                                                        
                                                                                                                                
2:03:54 PM                                                                                                                    
                                                                                                                                
[HB 108 was held over.]                                                                                                         
                                                                                                                                
             HB 123-DISCLOSURE OF HEALTH CARE COSTS                                                                         
                                                                                                                                
2:04:09 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE  BILL NO.  123, "An  Act relating  to disclosure  of health                                                               
care  services  and  price  information;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
2:04:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   IVY   SPOHNHOLZ,   Alaska   State   Legislature,                                                               
presented the bill as follows:                                                                                                  
                                                                                                                                
     HB  123, price  transparency  and health  care cost  is                                                                    
     about  providing  power  to  consumers.    Sir  Francis                                                                    
     Bacon, who is the father  of the scientific methods and                                                                    
     knowledge is  power.  I  think we  all know this  to be                                                                    
     true  in our  everyday lives,  but health  care is  the                                                                    
     only market  in which  we as  consumers don't  know the                                                                    
     price before we  have the -- before  we consider buying                                                                    
     it or we actually use the services.                                                                                        
                                                                                                                                
     This  removes one  of the  most  fundamental tenets  of                                                                    
     capitalism, that is  the power of the  consumer to make                                                                    
     choices  about   what  they  do  or   what  they  don't                                                                    
     purchase.   While  HB 123  isn't the  silver bullet  we                                                                    
     would all like to see  solve the problems of outrageous                                                                    
     inflationary prices in health care  costs.  It does put                                                                    
     consumers  back   where  they  belong  and   that's  in                                                                    
     driver's  seat   by  ensuring   that  they   have  more                                                                    
     information as they consider making medical purchases.                                                                     
                                                                                                                                
     An  example that  I  often  think of  is,  you know,  a                                                                    
     situation that  many of us  have been in, and  that is,                                                                    
     you  know, the  parent who  went to  our kid's  Tuesday                                                                    
     night  soccer game  and there  was a  head-on collision                                                                    
     between  two eight-year  olds.   And, your  child, your                                                                    
     son or your daughter, may  have, you know, bonked their                                                                    
     head and  as a conscientious  parent you may  take them                                                                    
     to the ER  if you're concerned or  the pediatrician, if                                                                    
     you're concerned that they may  have a concussion.  The                                                                    
     doctor  at this  time can  do a  thoroughly rudimentary                                                                    
     physical  examination and  make  recommendations as  to                                                                    
     the, you  know, next  course of action  without further                                                                    
     information.  How sometimes  -- however, sometimes they                                                                    
     may even,  despite further  evidence, recommend  to you                                                                    
     that you consider  a very expensive MRI.   An MRI which                                                                    
     could  cost $2,400  but might  not actually  change the                                                                    
     outcome  of their  recommendations  to you.   It's  our                                                                    
     theory, you know  -- it's our theory  that if consumers                                                                    
     had  that  information  they  might  actually  ask  the                                                                    
     question,  "Well,  would  that change  your  diagnosis,                                                                    
     would it change the treatment,  do you need that MRI in                                                                    
     order to properly diagnose my patient -- my child?"                                                                        
                                                                                                                                
2:07:02 PM                                                                                                                    
                                                                                                                                
     What we've  done in HB 123  is, in a manner  that is as                                                                    
     simple and cost effective  to implement as possible, is                                                                    
     to try  to make sure  that consumers have that  kind of                                                                    
     information.   That they have  that information  in the                                                                    
     reception area of the doctor's  office that they go to,                                                                    
     or the  emergency room,  that they  can also  look that                                                                    
     information up  online, and that that  same information                                                                    
     is  sent in  to  the Department  of  Health and  Social                                                                    
     Services.    We've done  it  in  a  way that  we  think                                                                    
     reduces  the  amount  of  burden   to  providers.    We                                                                    
     understand that  medical providers  already have  a lot                                                                    
     of  onerous burdens  required of  them  in the  medical                                                                    
     billing system  where we just  -- notorious  for having                                                                    
     about 10,000  different billing codes.   But  what this                                                                    
     bill would do is simply  require that they run a report                                                                    
     of the  25, if they  are an individual provider,  or 50                                                                    
     if  they are  a larger  facility most  commonly offered                                                                    
     procedures in  the previous calendar  year.   Turn that                                                                    
     into  a pdf,  put it  on  the wall  in their  reception                                                                    
     area, put  it on their website  which any of us  can do                                                                    
     pretty simply, and  then send it in in an  email to the                                                                    
     department.   The  department would  simply  put it  on                                                                    
     their  website.   This  will  give  people a  lot  more                                                                    
     information as consumers.                                                                                                  
                                                                                                                                
     In  the last  committee in  which this  bill was  heard                                                                    
     there was a  little bit of concern  that some consumers                                                                    
     might  be turned  off by  the  price that  is being  --                                                                    
     that's being  proposed in  this bill  to be  listed and                                                                    
     that  is the  -- the  undiscounted price.   Thank  you.                                                                    
     Which  is  the  --  which   is  the  price  before  any                                                                    
     preferred provider  discounts are offered,  before, you                                                                    
     know,  any other  discounts or  individual arrangements                                                                    
     are provided.   And so, we amended the  bill to include                                                                    
     the  opportunity  for  a disclaimer.    This  was  very                                                                    
     important for community health  providers who wanted to                                                                    
     hear  that  --  that   they  could  describe  that  you                                                                    
     wouldn't  necessarily  pay  the price  that  was  being                                                                    
     listed because they have a  sliding fee scale according                                                                    
     to your  income.  This also  gives individual providers                                                                    
     the opportunity to, you know,  indicate that they are a                                                                    
     preferred  provider  with individual  health  insurance                                                                    
     plans.   And,  once  again, to  refer  patients to  the                                                                    
     doctor   or  to   the   billing   office  for   further                                                                    
     information.    So, I  hope  that  we've been  able  to                                                                    
     address that concern.   The long and the  short of this                                                                    
     is that this  is about making sure  that consumers have                                                                    
     the  kind  of  information   that  they  need  to  make                                                                    
     informed decisions.                                                                                                        
                                                                                                                                
2:09:56 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 123.                                                                                 
                                                                                                                                
2:10:22 PM                                                                                                                    
                                                                                                                                
KIM  STALDER acknowledged  that her  experience was  not directly                                                               
relevant to  this bill, although,  it does speak  to transparency                                                               
in health  care.  She  then related  the details of  events after                                                               
her husband's diagnosis  of sleep apnea and referral  for a sleep                                                               
study.   She remarked that she  is in favor of  transparency that                                                               
would  allow her  to  access the  information  necessary for  her                                                               
insurance company in order to  understand what her costs would be                                                               
for a particular medical procedure.                                                                                             
                                                                                                                                
2:12:47 PM                                                                                                                    
                                                                                                                                
BECKY HULTBERG,  Alaska State  Hospital and  Nursing Association,                                                               
advised that  the Alaska State  Hospital and  Nursing Association                                                               
supports  the   concept  of   price  transparency   and  consumer                                                               
engagement in decision making.   She related that the health care                                                               
payment  and  delivery  system  is  complex,  which  makes  price                                                               
transparency difficult and  there is not a  simple, easy solution                                                               
for this  problem without dismantling  and rebuilding  the entire                                                               
system.   This  legislation  is  a good  first  step toward  more                                                               
transparent pricing, she said.                                                                                                  
                                                                                                                                
2:13:58 PM                                                                                                                    
                                                                                                                                
KYLE  MIRKA advised  that he  owns two  businesses in  Alaska and                                                               
employs approximately  60 employees.   During 2016, he  was faced                                                               
with  the decision  of whether  or not  to continue  his employer                                                               
sponsored health  care plan because  premiums had gone  up almost                                                               
40  percent.   He pointed  out  that discontinuing  the plan  and                                                               
simply paying the AC fine  would have been substantially cheaper,                                                               
but  he wanted  to  provide  that benefit  to  his employees  and                                                               
ultimately decided to continue providing  that plan as a benefit.                                                               
Sadly,  he  said,  the  premiums  did go  up  and  the  employees                                                               
shouldered that  burden of  40 percent increases.   In  the event                                                               
similar  price increases  occur  at  the end  of  this year,  his                                                               
choice will  be clear and  he will not  be able to  provide those                                                               
benefits moving forward  due to the expense.  He  related that he                                                               
shared this  story to  shed light  on the  fact that  health care                                                               
costs  in Alaska  are simply  out  of control.   It  is the  only                                                               
industry that  an individual is  unaware of the costs  of service                                                               
before the services are rendered.   He acknowledged that he asked                                                               
his doctor  and dentist  friends how  it is  that they  charge so                                                               
much more  for services  than in the  lower-48, and  the standard                                                               
answer was that  it is expensive to practice in  Alaska.  He said                                                               
he does  not claim to  know their business,  but he does  know in                                                               
his business, the  products he sells are  available virtually for                                                               
the  same price  here, as  in Seattle,  Washington or  Pocatello,                                                               
Idaho, or  Portland, Oregon.   Of course,  he related,  there are                                                               
added freight  costs for goods  and slightly higher  labor costs,                                                               
but nonetheless his prices in Alaska  are similar to those in the                                                               
lower-48.   Mr. Mirka referred  to the "rack rates"  mentioned in                                                               
prior  testimony from  people in  opposition to  this bill.   The                                                               
testimony was  that rack rates don't  mean much given all  of the                                                               
discounts  the providers  may  contribute, but  he  opined it  is                                                               
critical to  remember that rack  rates are the starting  point in                                                               
which  bills are  settled.   That being  said, he  commented, the                                                               
rack  rates  lead  to  pricing that  is  considered  and  settled                                                               
(indisc.)  80th  percentile.    He stated  that  he  believes  in                                                               
transparency, supports HB  123, and also supports  removal of the                                                               
80th percentile rule.                                                                                                           
                                                                                                                                
2:16:50 PM                                                                                                                    
                                                                                                                                
PERRY ALLARD, Senior Advisor, Wilson  Agency, advised that she is                                                               
a senior advisor with the Wilson  Agency, and a charter member of                                                               
the Alaska  Association of  Health Underwriters  and sits  on its                                                               
legislative committee.  She said  she is testifying in support of                                                               
HB 123,  and explained  that she  has been  in the  insurance and                                                               
employee benefits field for over 30  years in her capacity at the                                                               
Wilson  Agency,  and  that  she   works  statewide  with  Alaskan                                                               
employers and their employees and  families who at some point are                                                               
all consumers  of health care.   With the rising costs  of health                                                               
care in Alaska,  it is difficult for individuals  and families to                                                               
cover the  cost of  this coverage  in the first  place.   In many                                                               
cases,  she   pointed  out,  the   Wilson  Agency  came   to  the                                                               
realization that it had become  commonplace for Alaskan employers                                                               
to  increase deductibles  up to  $2,000,  and higher.   The  2016                                                               
United Benefit  Advisors Survey  in Alaska  pointed out  that the                                                               
average  cost  for "employee  only"  coverage  is a  little  over                                                               
$14,000, before claims  are incurred, and when  adding those high                                                               
deductibles to  that, she related,  that is a  significant spend.                                                               
In  her role  of  assisting  employees to  be  good consumers  of                                                               
health care,  she teaches  them to  ask a lot  of questions.   In                                                               
Alaska, she  said, an employee  can gather  information regarding                                                               
treatment  facilities,  treatment options,  choosing  physicians,                                                               
discussing  what tests  are  appropriate, and  why,  but in  many                                                               
cases the employee comes to  a complete roadblock when attempting                                                               
to obtain cost information.                                                                                                     
                                                                                                                                
                                                                                                                                
That roadblock  is the  missing link for  the employee  to assess                                                               
their options and  make an informed decision.   The Wilson Agency                                                               
supports passage of  HB 123.  She remarked  that the Municipality                                                               
of  Anchorage  recently  passed  a  similar  ordinance  requiring                                                               
transparency, and HB  123 is a much needed (indisc.)  to how they                                                               
do business.                                                                                                                    
                                                                                                                                
2:19:38 PM                                                                                                                    
                                                                                                                                
RHONDA KITTER,  Chief Financial Officer, Public  Education Health                                                               
Trust, advised that  the Public Education Health Trust  is a not-                                                               
for-profit  health insurance  provider  for  employees of  public                                                               
education  in  Alaska.    Currently,   there  are  17,000  Alaska                                                               
residents with health insurance through  the Trust.  According to                                                               
the Health  Care Incentives Improvement Institute,  "The question                                                               
of how much does it cost is  so deeply integrated into the act of                                                               
buying  that  consumers  often  don't have  to  ask,  prices  are                                                               
printed on menus, stamped on  tags, and posted online among other                                                               
places.    Rarely  do  successful  professionals  get  away  with                                                               
answering that question with 'It's  hard to say, you'll know when                                                               
you  get the  bill,' in  response to  consumers' inquiries  about                                                               
costs."  As a patient, she said  she is a consumer of health care                                                               
with  a  deductible  and   co-insurance;  however,  her  consumer                                                               
experience begins  long before  she is a  patient.   Her employer                                                               
and  she are  purchasing  a  product, a  product  whose costs  or                                                               
premium is  tied back to expected  costs.  She said,  "The theory                                                               
of rack rates, undiscounted rates,  or charge master, is not paid                                                               
by anyone,  or that  only the insurance  companies know  the true                                                               
consumer cost  is not  the full  story."  In  the event  the rack                                                               
rate, the  undiscounted amount, has  no materiality, then  why do                                                               
they exist,  she asked.   The  rack rate is  what is  driving the                                                               
allowable  amount  as  defined  by the  State  of  Alaska's  80th                                                               
percentile  regulation  for out  of  network  providers on  fully                                                               
insured products.  She related that  it is often heard that rates                                                               
are  confidential, yet  once she  has incurred  the expense,  the                                                               
rack  rate  appears  on  her  claim  within  the  explanation  of                                                               
benefits,  also  showing  the discount  or  co-insurance  amount.                                                               
However, she pointed out that  service had already occurred and a                                                               
legal  obligation  existed  for  her  to  pay  the  services  she                                                               
obtained.   Once again, she  stressed, consumerism  begins before                                                               
the  patient experience.   While  some (indisc.)  of placing  the                                                               
onerous  either  on  the state  creating  a  larger  governmental                                                               
administration department or the  payor who has limited knowledge                                                               
of  all   providers,  and  this   bill  correctly   requires  the                                                               
disclosure of fees at the  provider's office.  While transparency                                                               
for  health  care is  not  a  silver  bullet  for a  solution  of                                                               
sustainability, it is one silver  BB needed to address the rising                                                               
costs, she remarked.                                                                                                            
                                                                                                                                
2:22:14 PM                                                                                                                    
                                                                                                                                
GEORGE McKEE, Member, Mat-Su Borough  Assembly, said he considers                                                               
this legislation  to be the  single most important tool  to begin                                                               
controlling  health  care  costs  in  Alaska.    He  referred  to                                                               
deductibles and  co-pays which comes down  to employee (indisc.),                                                               
everyone  testified  about that.    He  commented that  the  most                                                               
important issue  in this bill  is that it will  force competition                                                               
into to the  industry.  He further commented  that the difference                                                               
between health care costs in Alaska  and health care costs in the                                                               
Pacific  Northwest  is  absolutely  staggering  with  the  Alaska                                                               
[deductible]  being $5,000,  and  if they  went  to Seattle  they                                                               
could save  that money.   The Matanuska-Susitna Borough  is self-                                                               
insured and will go over $7  million in health care costs, and an                                                               
80 percent increase  has been projected over the  next 12 months.                                                               
He related that anything to  mitigate that, with the economics of                                                               
the expenses related to the State  of Alaska, would be helpful to                                                               
its taxpayers, and the State of  Alaska paid over $500 million in                                                               
its  self-insured  health care  plan.    The maximum  penalty  of                                                               
$2,500 really isn't one to deter  people, and a large health care                                                               
provider will simply  write a check for $2,500  and think nothing                                                               
of  it.    The  penalty is  insignificant  and  insufficient,  he                                                               
stressed.                                                                                                                       
                                                                                                                                
2:25:14 PM                                                                                                                    
                                                                                                                                
JOHN   MOOSEY,   Borough   Manager,   Matanuska-Susitna   Borough                                                               
Assembly,  advised that  the Matanuska-Susitna  Borough has  over                                                               
300  employees   and  families  for  which   it  provides  health                                                               
insurance, and  it supports this bill.   He added that  this will                                                               
provide an  incentive for the  assembly to require  its employees                                                               
to make good  health care decisions, and it puts  power back into                                                               
the common person  where they can make  good financial decisions.                                                               
He offered his  belief that this will drive  up competition which                                                               
will be better  for health care, and noted that  people leave the                                                               
State of  Alaska, and  leave the United  States because  they can                                                               
significantly   reduce  their   health  insurance   costs.     He                                                               
reiterated  that with  the added  competition,  people will  stay                                                               
which will be better for Alaska's health care industry.                                                                         
                                                                                                                                
2:26:30 PM                                                                                                                    
                                                                                                                                
T.J. ALINEN,  Assistant Vice  President, Human  Resources, Denali                                                               
Federal Credit  Union, explained  that the Denali  Federal Credit                                                               
Union has 325  employees currently residing in Alaska,  and it is                                                               
the  third  largest credit  union  in  the  state.   He  said  he                                                               
represents the organization and it is  in support of HB 123.  The                                                               
escalation  of  costs in  health  care  is  one of  the  greatest                                                               
challenges many  organizations in Alaska  are facing, and  in the                                                               
spirit  of a  free  market  it is  important  to understand  that                                                               
buyers  and sellers  engage in  some degree  of communication  in                                                               
determining  services, goods,  and  pricing.   Unfortunately,  he                                                               
commented, this  does not occur  within the health  care industry                                                               
which  ultimately  impacts  the   pocketbooks  of  consumers  and                                                               
employers.  Market transparency  and having information available                                                               
will assist  the credit  union's employees,  and all  Alaskans in                                                               
becoming  better consumers  of health  care, and  hopefully drive                                                               
the costs down.  He indicated  that there has been an emphasis on                                                               
higher deductible health plans in  Alaska, and many organizations                                                               
have implemented the  higher deductibles as a way  to shift costs                                                               
between employers and  employees.  In those  situations, it means                                                               
that these individuals are responsible  for higher amounts at the                                                               
frontend  of  their  health  care   services  and  meeting  their                                                               
deductibles.    He  related  that forty  percent  of  the  credit                                                               
union's  employees have  high deductible  health  plans and  must                                                               
incur  the first  $2,600 in  health care  expenses annually.   It                                                               
comes  down  to the  fact  that  there is  no  real  way for  his                                                               
employees to  be good consumers  because comparing  costs between                                                               
providers  and facilities  is  not  possible.   In  light of  the                                                               
health  care crisis  all  Alaskans are  facing  the credit  union                                                               
believes it  is necessary for the  legislature to pass HB  123 to                                                               
help manage health care better, he remarked.                                                                                    
                                                                                                                                
2:28:57 PM                                                                                                                    
                                                                                                                                
TOM  WESCOTT,   President,  Alaska  Professional   Fire  Fighters                                                               
Association, advised  that the Alaska Professional  Fire Fighters                                                               
Association supports HB 123, he  has worked on health care issues                                                               
as an  elected union official  over a decade, he  understands its                                                               
complexity, and  this legislation is  an important first  step in                                                               
tackling  the  out-of-control health  care  costs.   Health  care                                                               
consumers  in   Alaska  are   affected  by   Alaska's  geographic                                                               
isolation  and  lack of  information,  and  in  order to  act  as                                                               
rational  consumers,   one  must   be  armed   with  information.                                                               
Unfortunately,  he  related,   obtaining  price  information  for                                                               
medical  procedures  is extremely  hard  and  sometimes not  even                                                               
available.   The  lack of  pricing information  prevents Alaskans                                                               
from  being rational  consumers.   He  advised that  many of  the                                                               
firefighters  in Alaska  are in  a health  care trust  with their                                                               
brothers and sisters  in the State of Washington,  and their eyes                                                               
have been opened to the  price differences charged in both areas.                                                               
He  pointed  out that  Alaskan  fire  fighters currently  pay  30                                                               
percent  more  for  the  identical   plan  as  in  the  State  of                                                               
Washington,  and "This  last year  spent nearly  $1 million  more                                                               
than we put in, and this is  not related to usage."  He continued                                                               
that often times in Alaska common  procedures can be three to six                                                               
times  the  cost  as  in  the State  of  Washington.    Providing                                                               
transparency  can  be  done  and   it  will  help  consumers  act                                                               
rationally.   He  then encouraged  the committee  to look  at the                                                               
Oklahoma Surgery Center as a  place that provides pricing for all                                                               
procedures before walking  in the door and walking  out the door.                                                               
He stressed that all Alaskans share  in the burden of health care                                                               
costs and  the state has a  real vested interest in  bringing the                                                               
cost of health care down.   The Alaska Professional Fire Fighters                                                               
are in support of HB 123, he reiterated.                                                                                        
                                                                                                                                
2:31:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS asked Mr.  Wescott whether he could                                                               
remember the  price spread between  the different  procedures and                                                               
treatments provided in  Alaska, the State of  Washington, and the                                                               
lower-48.                                                                                                                       
                                                                                                                                
MR.  WESCOTT opined  that off  the top  of his  head, the  Alaska                                                               
Public Media ran  an article about an individual who  fell on the                                                               
blacktop  and  required shoulder  surgery.    The individual  was                                                               
quoted roughly $60,000 or $70,000 in  Alaska, and had it done for                                                               
$14,000 at the  University of Washington in Seattle.   He related                                                               
that  within the  Alaska Professional  Fire Fighters  Association                                                               
Trust  it has  seen  a  breast cancer  procedure,  with the  same                                                               
codes,  at  $60,000  in  Alaska,  and $23,000  in  the  State  of                                                               
Washington.   He  offered that  the data  is being  gathered, and                                                               
added that  it can be anywhere  from twice as expensive  to 1,000                                                               
times more expensive,  and as a group it would  like to spend its                                                               
money at  home in Alaska,  but it  is becoming harder  and harder                                                               
due to the  prices charged for certain procedures.   He continued                                                               
that this would include shoulder  surgery, ACL repairs, and a lot                                                               
of the  orthopedic injuries that  happen to  firefighters, police                                                               
officers,  construction   workers,  people  in   physical  career                                                               
fields, and Alaskans who like to enjoy the outdoors.                                                                            
                                                                                                                                
2:33:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  requested firm  concrete  numbers                                                               
that  the Trust  has received  from providers  in Anchorage,  and                                                               
also  equivalent  quotes  from  providers  in  the  lower-48  for                                                               
certain  procedures,  treatments, or  codes,  to  the extent  Mr.                                                               
Wescott was comfortable.                                                                                                        
                                                                                                                                
MR.  WESCOTT responded  that the  Trust is  working on  gathering                                                               
that data, but  obviously it respects privacy.  He  advised it is                                                               
attempting to  lay out specific  health care issues, such  as the                                                               
cost of an ACL procedure in Fairbanks, Seattle, or Spokane.                                                                     
                                                                                                                                
2:34:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ pointed  to  the  2013 Alaska  Workers'                                                               
Compensation  Fee Schedule  Comparative  Survey  prepared by  the                                                               
Department  of Labor  & Workforce  Development,  and pointed  out                                                               
that it contains price comparisons  for certain procedures in the                                                               
State  of Alaska.   The  survey includes  Medicare schedules  for                                                               
Washington,  Oregon, Idaho,  and  the Alaska  median health  care                                                               
allowance price  which is startling.   She explained that  at the                                                               
top of the  survey, the first procedure listed  is an arthroscopy                                                               
knee  with meniscus  repair, and  the  workers' compensation  fee                                                               
schedule is  $5,158.02, the Alaska  median health  care allowance                                                               
is   $5,170.00,   and   the  State   of   Washington's   workers'                                                               
compensation fee schedule  is $912.56.  She said that  this is an                                                               
example  of  the price  comparisons  of  which has  already  been                                                               
prepared by the state.                                                                                                          
                                                                                                                                
2:36:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS noted  that he  had reviewed  that                                                               
survey and that  it would be helpful for the  Department of Labor                                                               
& Workforce  Development to speak  to the  origin of the  data it                                                               
received,  and for  instance, "cluster  and bundle  CPT codes  to                                                               
constitute a  particular treatment or procedure,  and standardize                                                               
that  in  an apples  to  apples  manner."   He  said  he is  also                                                               
interested  in Mr.  Wescott's data  as a  more non-public  sector                                                               
actor.                                                                                                                          
                                                                                                                                
CHAIR  CLAMAN  agreed  that the  information  is  important,  but                                                               
several  people  would still  like  to  testify.   In  the  event                                                               
Representative  Kreiss-Tomkins's  follow-up   with  the  previous                                                               
testifiers  was similar  detailed  data questions,  he has  their                                                               
contact information.                                                                                                            
                                                                                                                                
2:37:23 PM                                                                                                                    
                                                                                                                                
BLANCHE  SHEPPARD,  Northrim  Benefits   Group,  advised  she  is                                                               
testifying on  her own  behalf, works  for the  Northrim Benefits                                                               
Group,  and  is a  member  of  the  Alaska Association  of  Heath                                                               
Underwriters.  Ms.  Sheppard remarked that on April  2, 2016, she                                                               
gave birth, was 28  years old, and it was the  first time she had                                                               
a major medical occurrence in  which she was entirely financially                                                               
responsible.  Now  that she works in the  insurance industry, she                                                               
can look at her [Explanation  of benefits] EOBs and dissect them,                                                               
question why  something wasn't applied  to her deductible  or her                                                               
out-of-pocket maximum.   She said,  "I have an in,  most Alaskans                                                               
don't have that in."  She  reiterated that she works in insurance                                                               
and has  looked at  enough EOBs  to know the  going rate  of some                                                               
procedures, such  as epidurals  in Anchorage.   In the  event the                                                               
goal is  to encourage patients  to become the consumers  they are                                                               
in every other industry, the  health industry must be required to                                                               
support consumer  driven health care by  displaying those pricing                                                               
structures openly, she related.   Once Alaskan consumers begin to                                                               
question, they also begin to  self-advocate to educate themselves                                                               
on their health  care pricing, and pricing  transparency does not                                                               
hurt any  industry in  Alaska.   In fact,  she said,  it behooves                                                               
doctors to have educated and  health driven patients, it behooves                                                               
patients to  be educated  as to  where they  can obtain  the best                                                               
care  at  the  most  cost   effective  prices,  and  it  behooves                                                               
insurance  companies to  work with  doctors to  negotiate patient                                                               
driven prices and; therefore, reduce  claims' costs.  She advised                                                               
that some  of the  major insurers have  travel programs  and they                                                               
reimburse patients  who travel  out-of-state for  many procedures                                                               
because,  even taking  into account  the price  of travel  to the                                                               
lower-48, the procedures are still  significantly cheaper than in                                                               
Alaska.   Alaskans need  to encourage physicians  to rise  to the                                                               
challenge of keeping those patients  in Alaska and supporting the                                                               
Alaskan economy.   She related that she doesn't just  work in the                                                               
insurance industry,  she is an  active participant in  the health                                                               
care system.   She then offered  support for HB 123,  and advised                                                               
that in the event the population  can be educated to make healthy                                                               
choices  for  their  bottom  line,  and  their  personal  health,                                                               
everyone will succeed.                                                                                                          
                                                                                                                                
2:40:29 PM                                                                                                                    
                                                                                                                                
JEFF  RANF,  Consultant,  Alaskans for  Sustainable  Health  Care                                                               
Coalition,  advised  that  he  is testifying  on  behalf  of  the                                                               
Alaskans  for   Sustainable  Health  Care  Coalition,   he  is  a                                                               
consultant/broker,  and  has  worked   in  the  health  insurance                                                               
industry for 30 years.  He  advised that as a longtime veteran in                                                               
the  industry, he  was  compelled to  express  the importance  of                                                               
health care transparency because  the nation's health care system                                                               
is unique amongst the advanced  industrial countries.  America is                                                               
still a free market system,  and hence the reason transparency is                                                               
needed, just as in any other  industry.  Most health care in this                                                               
country,  even though  it  is publically  financed,  it is  still                                                               
delivered  privately.   This  is important  in  Alaska, not  just                                                               
because it  has the most  expensive health  care in the  USA, but                                                               
because it  is unknown why  it is  expensive.  He  suggested that                                                               
one way  to address it is  to first understand where  the cost to                                                               
health care is  coming from - it begins at  the individual level.                                                               
Despite  what the  committee may  have heard  from others  in the                                                               
past, the  cost of insurance premiums  is a direct result  of the                                                               
underlying  costs of  health care.   However,  he pointed  out, a                                                               
large percentage of Alaskans don't  understand this and they only                                                               
see  their  health insurance  premiums  rising  every year.    He                                                               
expressed that  the importance of  knowing the cost,  and knowing                                                               
what the out-of-pocket costs will  be before the procedure, seems                                                               
logical.   Mr. Ranf  advised that  his health  insurance requires                                                               
him to pay the first $5,000  before his plan kicks into gear, yet                                                               
it seems logical that he would  want to know what that $5,000 was                                                               
going toward, and any other expenses  that it may apply to in his                                                               
policy.  He related that in  the event there were potential costs                                                               
that could  be billed to  him after his insurance  reimbursed the                                                               
provider, he  would definitely want  this information  before the                                                               
procedure was performed.  He stated  that HB 123 is just one step                                                               
in the right direction.                                                                                                         
                                                                                                                                
2:43:19 PM                                                                                                                    
                                                                                                                                
JASON HIPSZER  advised that he  owns a small business  in Alaska,                                                               
has professional  licensing, and is  testifying on behalf  of his                                                               
family and  himself.   He said  he supports  HB 123,  because the                                                               
health care  costs in  Alaska are quite  extreme, and  he advised                                                               
that  he has  traveled and  used  other health  care systems  and                                                               
received top  notch service in  other countries for a  much lower                                                               
price.   There is not  a lot that "we  can control today,  it's a                                                               
very complicated  system," but  giving Alaskans  transparency and                                                               
the  ability to  see what  they are  spending their  money on  is                                                               
vital for the free market to  function the way it was designed in                                                               
this country, he remarked.                                                                                                      
                                                                                                                                
2:44:45 PM                                                                                                                    
                                                                                                                                
DENISE DANIELLO, Executive Director,  Alaska Commission on Aging,                                                               
Department  of  Health  and Social  Services,  advised  that  the                                                               
Alaska Commission on Aging is  a governor appointed board, within                                                               
the  Department  of  Health  and   Social  Services,  that  plans                                                               
services for  seniors.  The  Alaska Commission on  Aging educates                                                               
Alaskans  regarding  senior  issues,  and  makes  recommendations                                                               
directly  to the  legislature and  the governor  regarding budget                                                               
and  policy   items  affecting  seniors.     On  behalf   of  the                                                               
commission, she  stated, she is  expressing its support  for CSHB
123,  and  that seniors,  more  than  any  other age  group,  are                                                               
consumers of health care and  many seniors live on fixed incomes.                                                               
She expressed that it is  important that seniors have information                                                               
about the  cost of  their health care  services to  make informed                                                               
decisions and  have meaningful  conversations with  their doctors                                                               
and other primary  care providers.  She explained  that the board                                                               
conducted  community  forums  at  senior  centers  regarding  the                                                               
Medicaid  redesign  efforts  for  the Department  of  Health  and                                                               
Social Services, and seniors expressed this need.                                                                               
                                                                                                                                
2:46:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX noted that  seniors are covered by Medicare                                                               
and  in that  situation, they  would not  be paying  the cost  of                                                               
their health care.                                                                                                              
                                                                                                                                
MS.  DANIELLO pointed  out that  the  age of  being considered  a                                                               
senior is  "kind of a  relative term,"  and it depended  upon who                                                               
was  talking.   For  example, she  said, in  the  area of  social                                                               
security, it  could be 67  years of age,  Medicare is 65,  HUD is                                                               
50,  and the  Administration on  Community Living  is 60.   Older                                                               
adults are considered people within  the ages 55-64, and they pay                                                               
for their  own health care.   People age 65 years  and older are,                                                               
for the most part, covered  by Medicare, but not everyone because                                                               
some  people did  not contribute  to Medicare  and they  would be                                                               
responsible for paying their own health care costs.                                                                             
                                                                                                                                
2:47:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX   asked   what   people   wouldn't   have                                                               
contributed to Medicare.                                                                                                        
                                                                                                                                
MS. DANIELLO  answered that people  who have lived  a subsistence                                                               
lifestyle, and  people out  of the  work world  for a  variety of                                                               
reasons and didn't contribute to Medicare.                                                                                      
                                                                                                                                
2:48:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS noted  to  Ms.  Hultberg that  the                                                               
bill  specifies the  top procedure  codes, and  that the  Current                                                               
Procedural Terminology (CPT)  codes sometimes can be  myopic.  He                                                               
referred  to the  average community  and regional  hospitals that                                                               
offer a full  spectrum of services and asked for  examples of the                                                               
top 25 procedure codes.                                                                                                         
                                                                                                                                
MS. HULTBERG responded that she  did not have a specific example,                                                               
but  the way  the bill  is  currently written,  the Alaska  State                                                               
Hospital and Nursing  Association anticipates that at  the top of                                                               
the  list would  be labs,  CPT  codes for  blood draws,  probably                                                               
chest x-rays,  and services  quite common for  a large  number of                                                               
patients.  In speaking with  some of the chief financial officers                                                               
(CFO), they  believe that quite a  number of lab charges  will be                                                               
on the list.   She related that she did not  have examples of the                                                               
top  50 because  it  hadn't quite  polled an  exact  list from  a                                                               
facility  and there  may be  surgery procedures,  but they  won't                                                               
know until they run that data.                                                                                                  
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS   said  he  would  ask   the  same                                                               
question of  the sponsor as  to whether she  had a sense  of what                                                               
those codes might be or even a list from a specific provider.                                                                   
                                                                                                                                
2:50:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  explained that  she chose CPT  codes at                                                               
the recommendation  of the Alaska  State Hospital &  Nursing Home                                                               
Association (ASHNHA) in an attempt to  find an item that could be                                                               
a little more  inclusive, for example, when looking  at the price                                                               
of a  surgery it included all  of the labs, x-rays,  and anything                                                               
else the  patient may  receive.   She offered  that the  truth is                                                               
that there  isn't any one  system that has already  been designed                                                               
out there to  do that.  The  CPT code is the code  of choice used                                                               
and the  Department of Labor  & Workforce Development  report was                                                               
actually defined by a CPT code.   She offered that when reviewing                                                               
the report  again, the  second column  from the  left is  the CPT                                                               
code.   She advised that a  local ophthalmologist ran a  list for                                                               
the sponsor that as an example of  the list he gives to his front                                                               
desk billing staff.                                                                                                             
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  pointed out that the  committee had not                                                               
yet gotten  to the sectional and  the members may be  missing out                                                               
on  some  key pieces  of  information  that the  sectional  would                                                               
describe.   She then read a  few of the actual  billing codes the                                                               
ophthalmologist used,  and commented that  is the reason  for the                                                               
specific language that  the list be written in  a common language                                                               
the lay  person could  understand.  She  explained that  a reason                                                               
she asked  to keep the list  fairly brief was the  level of added                                                               
work asking doctors and/or healthcare  facilities to provide, and                                                               
over time it  will become the normal description  that lay people                                                               
will  need.    The  idea  for  this  bill  came  to  her  from  a                                                               
constituent who mentioned  that when she received  health care in                                                               
Florida, a price list was posted  on the wall which caused her to                                                               
feel  empowered as  a  consumer. As  the  health care  profession                                                               
continues to evolve, that piece will  be added into the data base                                                               
in the future, she said.                                                                                                        
                                                                                                                                
2:53:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS commented  that he  would look  at                                                               
the workers' compensation report  spreadsheet because if a person                                                               
was having orthopedic  knee surgery there would be a  bevy of CPT                                                               
codes, and  those details  are important.   Ultimately,  he said,                                                               
there will be  a list of information on the  lobby wall that will                                                               
be helpful and  germane to the consumer.  Also,  he commented, he                                                               
spoke with  someone in the  health care community who  pulled the                                                               
top 10 CPT  codes for a large self-insured entity,  and they were                                                               
so arcane that it didn't seem useful.                                                                                           
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ  replied  that  that  is  why  she  re-                                                               
included that language in the  bill.  Perhaps, she suggested, the                                                               
committee should go through the  bill because that discussion had                                                               
not yet  taken place, and  the committee was having  a discussion                                                               
about what's in  the bill when it hadn't agreed  on what's in the                                                               
bill yet.                                                                                                                       
                                                                                                                                
2:55:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  offered that she understands  how a person                                                               
would use  the rack rate in  the event they did  not have medical                                                               
insurance, but why would a person  use the rack rate when covered                                                               
by  insurance.   Although, she  commented, one  reason may  be in                                                               
trying to determine the deductible or a co-pay.                                                                                 
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ noted  that that  was a  good question,                                                               
and a  question they spent a  lot of time on  trying to determine                                                               
what price point they would use.   She explained that in speaking                                                               
with providers and health care  field experts, often there may be                                                               
as many as 11 different prices  a provider may have for one given                                                               
service.   She  further explained  that the  goal was  to balance                                                               
access to  information with clarity  of information and  to focus                                                               
in on one  particular rate, and the undiscounted  price, the rack                                                               
rate, or  the charge master  by hospitals,  is the rate  on which                                                               
all other  rates are  developed so  she decided  to opt  in there                                                               
because the rates  do vary so much.  Although,  because that rate                                                               
was different from  what many people pay, she wanted  to be clear                                                               
that  this was  not the  price most  people would  be paying  and                                                               
included a  disclaimer at the  bottom of  the list.   The average                                                               
price paid  for a service  will vary for each  provider depending                                                               
on what kind  of [insurance] patients they treat  that year, such                                                               
that in  the case  of a  provider seeing  a majority  of Medicare                                                               
patients over  the last  year, that  price would  be artificially                                                               
low for someone  paying through a private insurance  company.  In                                                               
the event a  health care provider accepted insurance  but was not                                                               
in the preferred  provider network, once again the  rate would be                                                               
significantly higher.   Therefore, she said she felt  the need to                                                               
start with  some sort  of rational basis  that for  all providers                                                               
would  be  exactly  the  same  since there  was  a  fairness  and                                                               
transparency issue with all of the other prices.                                                                                
                                                                                                                                
2:58:42 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN,  after  ascertaining  no one  wished  to  testify,                                                               
closed public testimony on HB 123.                                                                                              
                                                                                                                                
2:59:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX   related   that  she   understands   why                                                               
Representative  Spohnholz drafted  the bill  in this  manner, but                                                               
the  way  the bill  read  now,  she  was  unsure whether  it  did                                                               
anything  for  the  insured  person,  and  asked  the  number  of                                                               
uninsured people                                                                                                                
                                                                                                                                
2:59:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ responded that  she could not answer off                                                               
the top of  her head as to how many  uninsured people are located                                                               
in  Alaska,  although  it  was  in  the  thousands  range.    She                                                               
commented that  she was speaking  as someone double  insured, and                                                               
that just because  someone was insured did not mean  they did not                                                               
care about  the cost of health  care.  She asks  before any test,                                                               
and before a  prescription is offered about the  cost because she                                                               
wanted to  be certain there was  a high return on  investment for                                                               
whatever  service  was being  offered.    For example,  there  is                                                               
disconnect  as  to  consumers'   out-of-pocket  costs,  and  what                                                               
something  actually  costs.    She   then  offered  an  anecdotal                                                               
personal experience.   She then commented that  the doctor's goal                                                               
in her anecdotal experience was  to put Representative Spohnholtz                                                               
out-of-pocket  costs at  an absolute  minimum, when  in fact  the                                                               
medicine cost  roughly $250, and she  could have paid $15  for an                                                               
over-the-counter  medicine.    Representative  Spohnholz  advised                                                               
that being the  cost hawk she is, she cares  about the total cost                                                               
of  health care  even if  her out-of-pocket  would be  lower, and                                                               
after her  experience she  asks whether  the prescription  is the                                                               
correct medicine for her.                                                                                                       
                                                                                                                                
3:01:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  commented  that her  attitude  was  quite                                                               
laudable  but she  was not  positive  that would  be the  general                                                               
attitude of the insured public.   Although, she related, assuming                                                               
that  it was,  she still  was unsure  how the  insured cost  hawk                                                               
patient would  be able to figure  out anything the way  this bill                                                               
is written using the rack rates.                                                                                                
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  pointed out that she  was not proposing                                                               
to solve  all health care cost  issues with this bill  because it                                                               
was designed to be  one small piece of a large  effort.  She said                                                               
she is calling  it the first mile in a  marathon, and noted there                                                               
are  ways to  come up  with legislation  that would  be far  more                                                               
complex  to  implement  such  as  giving  individuals  individual                                                               
quotes.   She said she did  not take that route  but rather aimed                                                               
toward  simplicity  and  getting   more  information  out  there.                                                               
However, she  pointed out, it  is important  to her to  make sure                                                               
that having more information in  the public domain doesn't get in                                                               
the  way of  people  pursuing health  care  or determining  their                                                               
actual  costs.   In that  regard,  she reiterated  that she  made                                                               
certain a  disclaimer was allowed  on the publication  of prices,                                                               
such as  on any menu.   She explained that this  legislation does                                                               
not limit the disclaimer and providers  can say what they want to                                                               
say, and clarify  that the rack rate isn't  necessarily the price                                                               
a patient will pay.  It is the  rate on which all other rates are                                                               
built  and  it   is  a  fairly  rational  place   to  start,  she                                                               
reiterated.                                                                                                                     
                                                                                                                                
3:04:35 PM                                                                                                                    
                                                                                                                                
BERNICE  NISBETT,  Staff,  Representative Ivy  Spohnholz,  Alaska                                                               
State Legislature, explained  the changes of HB 123  Version O to                                                               
Version I, as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Section 1                                                                                                              
                                                                                                                              
     AS  18.15.360(a) authorizes  the  Department of  Health                                                                    
     and Social  Services to collect, analyze,  and maintain                                                                    
     databases  of   information  related  to   health  care                                                                    
     services  and  price  information  collected  under  AS                                                                    
     18.23.400.                                                                                                                 
                                                                                                                                
3:05:17 PM                                                                                                                    
                                                                                                                                
MS. NISBETT advised Representative  LeDoux that the committee was                                                               
working off of Version I.                                                                                                       
                                                                                                                                
MS.  NISBETT   continued  the  sectional  analysis,   as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 2                                                                                                              
                                                                                                                              
        AS 18.23.400 is a new section that mandates the                                                                         
      disclosure and reporting of health care services and                                                                      
     price information.                                                                                                         
                                                                                                                                
     Subsection (a)  (p. 2, lines  7-11) states  that health                                                                    
     care  providers will  compile  a list  of  the 25  most                                                                    
     commonly performed health care  services once a year by                                                                    
     January 31st.                                                                                                              
                                                                                                                                
     Subsection (b)  (p. 2, lines 12-16)  states that health                                                                    
     care  facilities will  compile a  list of  the 50  most                                                                    
     commonly performed health care  services once a year by                                                                    
     January 31st.                                                                                                              
                                                                                                                                
     Subsection  (c) (p.  2, lines  17-25) states  that both                                                                    
     the health care provider  and health care facility will                                                                    
     submit the list to the  Department of Health and Social                                                                    
     Services, and publish the list  in a public area and on                                                                    
     their website, if they have one.                                                                                           
                                                                                                                                
MS. NIBETT added that the above information will be compiled                                                                    
annually.                                                                                                                       
                                                                                                                                
     Subsection  (d) (p.  2, lines  26-29)  states that  the                                                                    
     health care  facility may include statement  with their                                                                    
     price list  that the undiscounted prices  may be higher                                                                    
     or lower  than the amount  the individual will  pay for                                                                    
     their health care service.                                                                                                 
                                                                                                                                
     Subsection (e) (p. 2, line  30, p. 3, lines 1-3) states                                                                    
     that the Department of Health  and Social Services will                                                                    
     then  gather the  compiled lists  from the  health care                                                                    
     providers and  facilities and  post the  information on                                                                    
     the Department  of Health and Social  Services website.                                                                    
     The information  will include the name  and location of                                                                    
     the health care providers  and facilities. This will be                                                                    
     updated annually into the department's database.                                                                           
                                                                                                                                
     Subsection  (f) (p.  3,  lines 4-8)  states  that if  a                                                                    
     health care provider or health  care facility has fewer                                                                    
     than 25  health care services  or fewer than  50 health                                                                    
     care services performed, the  provider or facility will                                                                    
     compile a list  of all of the health  care services and                                                                    
     procedures performed by the provider or facility.                                                                          
                                                                                                                                
     Subsection (g)  (p. 3, lines  9-15) states that  if the                                                                    
     health care  provider or health care  facility fails to                                                                    
     comply there will  be a civil penalty.  The penalty for                                                                    
     health care  providers will  be $50  a day  after March                                                                    
     31st  up  to  $2,500.  The  person  penalized  will  be                                                                    
     entitled  to  a  hearing  conducted by  the  office  of                                                                    
     administrative hearings.                                                                                                   
                                                                                                                                
     Subsection (h)  (p. 3, lines  16-31, p. 4,  lines 1-21)                                                                    
     goes over  the definitions for department,  health care                                                                    
     facility, which excludes the  Alaska Pioneers' Home and                                                                    
     the Alaska  Veterans' Home, an assisted  living home, a                                                                    
     long-term  care   nursing  facility  licensed   by  the                                                                    
     department,  a facility  operated by  an Alaska  tribal                                                                    
     health  organization, and  a hospital  operated by  the                                                                    
     United  States  Department  of  Veterans  Affairs,  the                                                                    
     United  States  Department  of Defense,  or  any  other                                                                    
     federal  institution. Health  care provider  and health                                                                    
     care service are also defined,  as well as undiscounted                                                                    
     price, recipient, and third party.                                                                                         
                                                                                                                                
     Section 3                                                                                                              
                                                                                                                              
     This bill will take effect on January 1, 2018.                                                                             
                                                                                                                                
3:08:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS said  he was looking at  the top 10                                                               
CPT codes  that were  pulled for a  private insurer,  as follows:                                                               
0300   laboratory   general   cost  vacation;   0301   laboratory                                                               
chemistry,  which is  similar to  her testimony.   Reviewing  the                                                               
workers' compensation data for the  costs of an arthroscopic knee                                                               
surgery, or a breast cancer  procedure is helpful because that is                                                               
the  bulk of  what people  pay, those  high price  CPT codes  for                                                               
thousands and  tens of thousands of  dollars.  He noted  that the                                                               
25, 50, or 100 most common  CPT codes health providers provide in                                                               
plain English  descriptions actually  do not constitute  the real                                                               
price and cost  of health care that people may  be interested in.                                                               
Maybe, he  offered, an  ophthalmologist is not  so much  the case                                                               
because it is a specialty  provider and the most common procedure                                                               
they  provide  ends  up  being  the expensive  meat  of  what  is                                                               
charged.  Although,  he said, for general  service providers, the                                                               
"chicken  peck" procedures  will  dominate the  list even  though                                                               
people may be  interested in the cost  of an MRI, yet  an MRI may                                                               
not make the list.                                                                                                              
                                                                                                                                
3:10:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ reiterated that  they settled on the CPT                                                               
code  upon  advice of  Alaska  State  Hospital and  Nursing  Home                                                               
Association (ASHNHA), and other professionals  in the field.  The                                                               
CPT code is  the standard used within the field  and the goal was                                                               
to  make this  practical and  practicable for  people to  proceed                                                               
forward in  a simple way.   She stressed that she  wanted this to                                                               
be  simple  to  implement  and  to  not  create  any  bureaucracy                                                               
because, philosophically,  they chose simplicity as  the theme in                                                               
how  to  approach this  issue.    Making  it  simple for  a  sole                                                               
practitioners to  implement because this legislation  is not just                                                               
about  hospitals, it's  about country  doctors  in Talkeetna  and                                                               
smaller communities.  There is  a simple comparison from provider                                                               
to  provider when  using  the  code that  is  already being  used                                                               
within the field.   With regard to whether or  not a provider may                                                               
have small  individual procedures listed  that could take  up the                                                               
bulk of  the prices offered,  she said that almost  every general                                                               
practitioner  will  have  the  flu shot  and  blood  draw  listed                                                               
because those  are common procedures.   She  said she is  open to                                                               
the  possibility of  including  more services  to  make sure  the                                                               
legislation gets  to the meat of  the issue.  She  explained that                                                               
they didn't want to require  providers to list everything because                                                               
there are  over 10,000 Medicaid  codes for health  care services.                                                               
Also,  she pointed  out, when  addressing  the need  to know  the                                                               
prices for  a total service,  she had  a small cyst  removed from                                                               
her wrist and  in order to receive the total  estimate in advance                                                               
she  had  to  obtain  quotes  from  various  institutions.    She                                                               
remarked she  is not trying  to deliver a  comprehensive estimate                                                               
for any  one service  through this  piece of  legislation because                                                               
the bill asks for services by  facility or provider.  In the case                                                               
of  her surgery,  she had  a  surgeon, anesthesiologist,  surgery                                                               
center, and  labs, and  most of those  providers were  within one                                                               
[facility].    Although,  she pointed  out,  when  discussing  an                                                               
independent practitioner,  a person may receive  the estimate for                                                               
the  cyst removal  from the  doctor,  and labs  from a  different                                                               
place,  and  so on.    She  reiterated  that  this is  not  about                                                               
providing individual  estimates, and an individual  estimate bill                                                               
would be  more along the  lines of the ordinance  recently passed                                                               
in Anchorage.  This particular bill  is more about looking at the                                                               
Meta level of health care costs, she said.                                                                                      
                                                                                                                                
[HB 123 was held over.]                                                                                                         
                                                                                                                                
3:16:49 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:16 p.m.