Legislature(1999 - 2000)

04/16/1999 03:23 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
    HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                                 
                   April 16, 1999                                                                                               
                     3:23 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Norman Rokeberg, Chairman                                                                                        
Representative Andrew Halcro, Vice Chairman                                                                                     
Representative John Harris                                                                                                      
Representative Tom Brice                                                                                                        
Representative Sharon Cissna                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Jerry Sanders                                                                                                    
Representative Lisa Murkowski                                                                                                   
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
CS FOR SENATE BILL NO. 48(HES)                                                                                                  
"An Act relating to health insurance provided by and provisions                                                                 
relating to the Comprehensive Health Insurance Association."                                                                    
                                                                                                                                
     - MOVED CSSB 48(HES) OUT OF COMMITTEE                                                                                      
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: SB 48                                                                                                                     
SHORT TITLE: STATE HEALTH INSURANCE                                                                                             
SPONSOR(S): SENATOR(S) MACKIE                                                                                                   
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/28/99       109     (S)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/28/99       109     (S)  HES, L&C                                                                                            
 2/24/99               (S)  HES AT  1:30 PM BUTROVICH ROOM 205                                                                  
 2/24/99               (S)  MOVED CS (HES) OUT OF COMMITTEE                                                                     
 2/24/99               (S)  MINUTE(HES)                                                                                         
 2/25/99       363     (S)  HES RPT  CS  2DP 2NR  SAME TITLE                                                                    
 2/25/99       363     (S)  DP: MILLER, ELTON; NR: WILKEN, PETE                                                                 
 2/25/99       363     (S)  KELLY                                                                                               
 2/25/99       363     (S)  ZERO FISCAL NOTE (DCED)                                                                             
 3/16/99               (S)  L&C AT  1:30 PM                                                                                     
 3/16/99               (S)  MOVED CS (HES) OUT OF COMMITTEE                                                                     
 3/16/99               (S)  MINUTE(L&C)                                                                                         
 3/17/99       583     (S)  L&C RPT  (HES) CS 3DP 2NR                                                                           
 3/17/99       583     (S)  DP: MACKIE, TIM KELLY, DONLEY;                                                                      
 3/17/99       583     (S)  NR: HOFFMAN, LEMAN                                                                                  
 3/17/99       583     (S)  PREVIOUS ZERO FN (DCED)                                                                             
 3/18/99               (S)  RLS AT 11:40 AM FAHRENKAMP 203                                                                      
 3/23/99               (S)  MINUTE(RLS)                                                                                         
 3/24/99       662     (S)  RULES TO CALENDAR  AND 1 OR 3/24/99                                                                 
 3/24/99       664     (S)  READ THE SECOND TIME                                                                                
 3/24/99       664     (S)  HES  CS ADOPTED UNAN CONSENT                                                                        
 3/24/99       665     (S)  ADVANCED TO THIRD READING UNAN                                                                      
 3/24/99       665     (S)  CONSENT                                                                                             
 3/24/99       665     (S)  READ THE THIRD TIME  CSSB 48(HES)                                                                   
 3/24/99       665     (S)  PASSED Y20 N-                                                                                       
 3/24/99       670     (S)  TRANSMITTED TO (H)                                                                                  
 3/25/99       567     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 3/25/99       567     (H)  HES, L&C                                                                                            
 4/06/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 4/06/99               (H)  MOVED OUT OF COMMITTEE                                                                              
 4/06/99               (H)  MINUTE(HES)                                                                                         
 4/07/99       668     (H)  HES RPT 4DP                                                                                         
 4/07/99       668     (H)  DP: GREEN, MORGAN, COGHILL, DYSON                                                                   
 4/07/99       668     (H)  SENATE ZERO FISCAL NOTE (DCED)                                                                      
 4/07/99       668     (H)  2/25/99                                                                                             
 4/07/99       668     (H)  REFERRED TO L&C                                                                                     
 4/16/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
DAVID GRAY, Legislative Assistant                                                                                               
   to Senator Jerry Mackie                                                                                                      
Alaska State Legislature                                                                                                        
Capitol Building, Room 427                                                                                                      
Juneau, Alaska 99801                                                                                                            
Telephone:  (907) 465-3844                                                                                                      
POSITION STATEMENT:  Presented SB 48 on behalf of the bill sponsor.                                                             
                                                                                                                                
ROSS BLAKER, Established Business                                                                                               
Aetna U.S. Healthcare;                                                                                                          
Board Member, Comprehensive Health Insurance Association                                                                        
711 "H" Street, Suite 150                                                                                                       
Telephone:  (907) 787-2207                                                                                                      
POSITION STATEMENT:  Answered questions on SB 48.                                                                               
                                                                                                                                
JOHN FERENCE, Deputy Director                                                                                                   
Division of Insurance                                                                                                           
Department of Commerce and Economic Development                                                                                 
P.O. Box 110805                                                                                                                 
Juneau, Alaska 99811-0805                                                                                                       
Telephone:  (907) 465-2560                                                                                                      
POSITION STATEMENT:  Testified in support of SB 48.                                                                             
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-40, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce                                                                    
Standing Committee meeting to order at 3:23 p.m.  Members present                                                               
at the call to order were Representatives Rokeberg, Halcro, Brice                                                               
and Cissna.  Representative Harris arrived at 3:26 p.m.                                                                         
                                                                                                                                
                                                                                                                                
CSSB 48(HES) - STATE HEALTH INSURANCE                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG announced the committee would address CSSB
48(HES), "An Act relating to health insurance provided by and                                                                   
provisions relating to the Comprehensive Health Insurance                                                                       
Association."  He invited the sponsor's representative forward.                                                                 
                                                                                                                                
Number 0055                                                                                                                     
                                                                                                                                
DAVID GRAY, Legislative Assistant to Senator Jerry Mackie, Alaska                                                               
State Legislature, came forward to present SB 48 on behalf of the                                                               
bill sponsor.  Mr. Gray spoke from the sponsor statement:                                                                       
                                                                                                                                
     "The Alaska Legislature created the Comprehensive Health                                                                   
     Insurance Association, popularly called CHIA, in 1992 to                                                                   
     provide a health insurance pool, a safety net if you                                                                       
     will, for ... any individual Alaskan whose health                                                                          
     condition was considered uninsurable or who could not                                                                      
     otherwise find adequate health coverage.  The legislation                                                                  
     mandated that all providers of health insurance in the                                                                     
     state must participate in the pool.  The association then                                                                  
     makes health insurance directly available to Alaskan                                                                       
     residents who are high risk or are federally defined                                                                       
     eligible individuals.  These people typically suffer the                                                                   
     most severe health conditions and face insurmountable                                                                      
     costs of medical treatment and care.                                                                                       
                                                                                                                                
     "In addition to operating the health insurance pool, the                                                                   
     board of directors of CHIA, which include[s] two consumer                                                                  
     advocates, ... is directed to periodically report on the                                                                   
     effectiveness of the association in promoting rate                                                                         
     stability, product availability, and affordability of                                                                      
     coverage and to make recommendations on further                                                                            
     legislative or administrative improvements.  Senate Bill                                                                   
     48 is the direct result of this effort by the association                                                                  
     to make the program work better and more efficiently.                                                                      
     The legislation has the support of the Division of                                                                         
     Insurance.                                                                                                                 
                                                                                                                                
     "Senate Bill 48 amends the Title AS 21.55 which                                                                            
     established the association ... and the rules and duties                                                                   
     that it operates under.  The bill amends the title to                                                                      
     1. Allow the board greater flexibility to design more                                                                      
     cost effective health insurance plans for individuals ...                                                                  
     2. To increase the number of potential administrators of                                                                   
     the CHIA by eliminating the requirement that the                                                                           
     administrator be an insurer                                                                                                
     3. To allow greater flexibility in evaluating an                                                                           
     administrator ... and in setting the terms of the                                                                          
     administrative contract                                                                                                    
     4. Simplifying administration by decreasing the number of                                                                  
     declinations required for eligibility                                                                                      
     5. Make technical corrections relating to the                                                                              
     determination of premium rates, terminology, premium                                                                       
     payment modes, board members' terms and voting at ...                                                                      
     board meetings ...                                                                                                         
     6. To give the director of insurance a more effective and                                                                  
     appropriate mechanism to enforce the requirements that                                                                     
     members pay their share of the CHIA assessment on a                                                                        
     timely basis.                                                                                                              
                                                                                                                                
     "This legislation will allow the board to manage the CHIA                                                                  
     in a more cost effective and efficient ... manner.  Also,                                                                  
     the legislation is particularly important in light of new                                                                  
     federal requirements and the use of CHIA as the mechanism                                                                  
     to guarantee portability of health insurance coverage to                                                                   
     federal eligible individuals."                                                                                             
                                                                                                                                
MR. GRAY noted there were teleconference witnesses available to                                                                 
speak to the legislation's technical provisions.                                                                                
                                                                                                                                
Number 0313                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked how this program is similar to other                                                                
states', if other states have this type of program.                                                                             
                                                                                                                                
MR. GRAY replied he really couldn't answer to what other states                                                                 
have, adding, "But I know that this legislation was a result ... of                                                             
the legislature's previous concern trying to find a statewide                                                                   
health care system ...."  Mr. Gray indicated this issue had been                                                                
struggled with and different plans had been brought up.  This was                                                               
one of the direct results:  anybody should be able to get health                                                                
insurance somewhere.  There is no way an insurer can take someone,                                                              
for example, who has terminal cancer as a preexisting condition.                                                                
Therefore, this was a way the legislature at that time essentially                                                              
forced everyone selling insurance to pool together and take care of                                                             
that small group of people.  Mr. Gray commented someone could make                                                              
himself/herself poor and receive some assistance in that manner.                                                                
However, he noted there is a dignity issue.  As the committee would                                                             
hear from the testimony, these people want to be able to buy the                                                                
insurance and be taken care of for radically expensive health care.                                                             
                                                                                                                                
Number 0431                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO explained this was the first time he has                                                                  
heard of the program.  He noted, then, any company offering health                                                              
insurance in Alaska has to participate in this pool, and if he                                                                  
falls under the category he can go this pool and receive a policy.                                                              
Representative Halcro asked who his insurer would be.                                                                           
                                                                                                                                
MR. GRAY replied the association.                                                                                               
                                                                                                                                
REPRESENTATIVE HALCRO commented, then, if he is an insurance                                                                    
company he contributes to this pool.  Representative Halcro                                                                     
questioned the method by which the companies contribute:  Does the                                                              
company pay a premium, and what is that premium based on?                                                                       
                                                                                                                                
Number 0469                                                                                                                     
                                                                                                                                
MR. GRAY answered, "They offer different kinds of premium copayment                                                             
plans and whatever else like that, ... but you're insured by the                                                                
association.  Your medical costs will be borne by the association,                                                              
... and the individual member will contribute ... to your medical                                                               
expenses, if you will medical costs, in proportion to the amount of                                                             
the insurance that they sell ... in the state.  So, you have bigger                                                             
insurance companies, smaller insurance -- everybody essentially                                                                 
pays a fair share of your costs."                                                                                               
                                                                                                                                
REPRESENTATIVE HALCRO noted, then, it is based on market share and                                                              
the larger companies contribute more to this pool.                                                                              
                                                                                                                                
MR. GRAY agreed on both points.                                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG informed the committee both Mr. Ference, of the                                                               
Division of Insurance, and Mr. Blaker, representing the plan                                                                    
administrator, were online via teleconference.                                                                                  
                                                                                                                                
Number 0541                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA referred to Section 7 of CSSB 48(HES), on                                                                 
pages 5 and 6.                                                                                                                  
                                                                                                                                
     * Sec. 7.  AS 21.55.120(c) is amended to read:                                                                             
          (c) The [EXCEPT AS PROVIDED IN (e) OF THIS SECTION,                                                                   
     THE] sum of the deductible and copayments required in any                                                                  
     calendar year under a plan may not exceed a maximum limit                                                                  
     of $1,500 plus the deductible [$2,000 PER COVERED                                                                          
     INDIVIDUAL].  Covered expenses incurred after the                                                                          
     applicable maximum limit has been reached shall be paid                                                                    
     at the rate of 100 percent of usual, customary,                                                                            
     reasonable, or prevailing charges, except that expenses                                                                    
     incurred for treatment of mental and nervous conditions                                                                    
     shall be paid at the rate of 50 percent.  [THE $2,000                                                                      
     MAXIMUM SHALL BE ADJUSTED YEARLY TO CORRESPOND WITH THE                                                                    
     CHANGE IN THE MEDICAL CARE COMPONENT OF THE CONSUMER                                                                       
     PRICE INDEX AS ADJUSTED BY THE DIRECTOR.]                                                                                  
                                                                                                                                
REPRESENTATIVE CISSNA questioned why the coverage for mental and                                                                
nervous conditions is half of the other coverage.                                                                               
                                                                                                                                
MR. GRAY believed that is current law, deferring to the Division of                                                             
Insurance for a more detailed answer.                                                                                           
                                                                                                                                
REPRESENTATIVE CISSNA noted, then, it is Mr. Gray's understanding                                                               
that the percentage is locked in.                                                                                               
                                                                                                                                
Number 0611                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE explained it is not locked in; it is in                                                                    
current statute and this bill does not change that, although it                                                                 
could.                                                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG pointed out that this is the insurance pool of                                                                
last resort for those who cannot obtain insurance anywhere else.                                                                
The premiums are extremely high.  If some additional parity like                                                                
the mental health insurance was added, the chairman stated, "It                                                                 
would blow the premium off the map."  Chairman Rokeberg compared                                                                
learning about this pool to "Health Insurance 101" regarding how                                                                
health insurance works in Alaska.                                                                                               
                                                                                                                                
Number 0696                                                                                                                     
                                                                                                                                
ROSS BLAKER, Established Business, Aetna U.S. Healthcare (Aetna);                                                               
Board Member, Comprehensive Health Insurance Association (CHIA),                                                                
testified next off-network via teleconference from Anchorage.  Mr.                                                              
Blaker indicated he is present to answer questions.                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG indicated he wished Mr. Blaker to provide the                                                                 
committee with a brief overview of CHIA ["CHIRPA (ph)" stated on                                                                
tape], how it works, some premium examples, and the reason this                                                                 
legislation is necessary.                                                                                                       
                                                                                                                                
Number 0739                                                                                                                     
                                                                                                                                
MR. BLAKER explained the premiums are basically set up by statute.                                                              
The premiums are supposed to be up to 200 percent of the average                                                                
individual premium.  The problem is that there are very, very few                                                               
individual carriers in Alaska; there are primarily group insurance                                                              
carriers doing group business.  Mr. Blaker noted the board has                                                                  
apparently somewhat targeted towards 150 to 160 percent of the                                                                  
individual premium rates.  They try to make the insurance as                                                                    
affordable as possible to the individual.  There has been one                                                                   
premium increase during the period of the pool's operation; Mr.                                                                 
Blaker guesses there will be another premium adjustment January 1                                                               
[2000].                                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG questioned how long the pool has been available                                                               
and some idea of the current premium amount.                                                                                    
                                                                                                                                
MR. BLAKER answered that the pool was available in 1992.  Regarding                                                             
the premiums, he noted they have a number of different deductibles:                                                             
from $200 to $10,000.  They tried to structure it so a new member                                                               
could choose how much risk he/she wished to bear personally.  There                                                             
are five or six different plans, including some Medicare supplement                                                             
plans.                                                                                                                          
                                                                                                                                
Number 0847                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG gave the example of a non-Medicare plan with a                                                                
$500 deductible.                                                                                                                
                                                                                                                                
MR. BLAKER responded that premium would be $388.50 per month for a                                                              
35 to 39-year-old individual.  Mr. Blaker commented these rates                                                                 
have been effective since July 1, 1996.                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG questioned if that was 80 percent co-insurance up                                                             
to what.                                                                                                                        
                                                                                                                                
MR. BLAKER replied $2,000 out-of-pocket.                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG said that did not sound like too bad of a policy.                                                             
He questioned if the policy covered just basic medical.                                                                         
                                                                                                                                
MR. BLAKER answered that it is a comprehensive medical plan                                                                     
covering doctor visits in and out of the hospital, inpatient and                                                                
outpatient hospital expenses, prescription drugs, X-ray and                                                                     
laboratory.  It is a very comprehensive plan, similar to an                                                                     
individual plan.  Mr. Blaker stated, "There's no particular                                                                     
exclusions here, there would not be (indisc.) other plans out                                                                   
there."                                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG asked about preexisting conditions.                                                                           
                                                                                                                                
MR. BLAKER replied that if someone had past coverage the person                                                                 
could come into the CHIA plan with no preexisting limitation.  He                                                               
gave the example of a person insured under an employer's group plan                                                             
who lost his/her employment or coverage.  For someone without past                                                              
coverage, there would be a six-month waiting period on preexisting                                                              
conditions.  After the six months, the person would receive the                                                                 
same coverage as for any other condition.  Mr. Blaker confirmed for                                                             
the chairman that this would apply to, for example, someone with                                                                
cancer who had no previous insurance.  The person could enter the                                                               
CHIA plan and after six months the policy would cover that                                                                      
condition.                                                                                                                      
                                                                                                                                
Number 0992                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA referred to the different coverage                                                                        
percentages specified in Section 7 for medical conditions as                                                                    
opposed to mental and nervous conditions.  Noting this is an issue                                                              
the legislature has been debating, Representative Cissna commented                                                              
there seems to be some support for the idea  that mental health                                                                 
therapies often lower medical costs, especially in areas like pain                                                              
management.  She has seen it happen.  Representative Cissna                                                                     
questioned whether Mr. Blaker had some statistics or an idea of the                                                             
potential increase in coverage costs if they were to change that                                                                
percentage to 75 or 100 percent, and if he sees any large                                                                       
impediments to doing so.  She noted she is simply brainstorming                                                                 
here.                                                                                                                           
                                                                                                                                
MR. BLAKER responded he did not know but could probably find that                                                               
out.                                                                                                                            
                                                                                                                                
REPRESENTATIVE BRICE asked Mr. Blaker to explain the process by                                                                 
which an individual would purchase the health insurance, indicating                                                             
these products are not just open to everyone.                                                                                   
                                                                                                                                
MR. BLAKER replied the CHIA is only open to those people who have                                                               
been rejected by other carriers or who have a specified condition.                                                              
In response to Representative Brice's further question about the                                                                
six-month wait for a preexisting condition, Mr. Blaker clarified                                                                
that someone with prior coverage who, for example, had been                                                                     
terminated from an employer and had gone through his/her extended                                                               
"COBRA" coverage could come into the pool without a preexisting                                                                 
limitation.                                                                                                                     
                                                                                                                                
Number 1162                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked if the program had to be subsidized in any                                                              
way by the participating companies.                                                                                             
                                                                                                                                
MR. BLAKER answered that the insurance carriers have to subsidize                                                               
fairly substantially.  He does not see that there is way they could                                                             
structure this program to be self-supporting, given the medical                                                                 
conditions they have.                                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Blaker to provide the scope of the                                                                  
number of insureds and the dollar subsidy.                                                                                      
                                                                                                                                
MR. BLAKER responded he thinks there are approximately 220 plan                                                                 
members and it has been in that range for some time.  The current                                                               
assessment is $1.5 million.  In response to the chairman's comment                                                              
about that being per year, Mr. Blaker answered he thinks this                                                                   
amount will not provide a complete year now.                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG noted, then, the insurance carriers doing                                                                     
business in the state pay in excess of $1.5 million per year to                                                                 
insure 220 people as a subsidy.  The chairman confirmed from Mr.                                                                
Blaker that is correct.  The chairman indicated to Representative                                                               
Cissna this is why they do not want to increase the percentage for                                                              
mental and nervous condition coverage.                                                                                          
                                                                                                                                
REPRESENTATIVE CISSNA indicated she believed this could bring the                                                               
cost down.                                                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG expressed his doubt, requesting evidence.                                                                     
                                                                                                                                
Number 1260                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked Mr. Blaker to describe the members'                                                                 
medical conditions.                                                                                                             
                                                                                                                                
MR. BLAKER indicated there is broad range of conditions including                                                               
diabetes, heart problems, some kidney transplants, and quite a                                                                  
number of what is termed the height-weight ratio.  He said the                                                                  
nurse case manager might be available to provide further                                                                        
information.                                                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG commented there is usually an annual report; this                                                             
will be distributed to the committee members when received.  The                                                                
chairman noted this is important to understand because it helps put                                                             
the state's health insurance problem into perspective:  why this                                                                
committee examines health insurance and spends so much time on it.                                                              
Chairman Rokeberg indicated this entire equation, what happens to                                                               
the consumer and the availability of health insurance, is the                                                                   
reason they are looking for statistics with legislation like HB
158.  The chairman confirmed from Mr. Blaker that the legislation                                                               
would allow the plan to hire a third-party administrator who is not                                                             
necessarily an underwriter in Alaska.  The chairman questioned the                                                              
rationale for this, asking if it would help reduce costs or relieve                                                             
Aetna from this responsibility or if there is some other reason.                                                                
                                                                                                                                
Number 1376                                                                                                                     
                                                                                                                                
MR. BLAKER indicated the feeling is it would open the bidding to a                                                              
more competitive process.  They have not been particularly                                                                      
successful in getting bids in the past; he said bids have been                                                                  
notably absent.  In response to the chairman's comment about Aetna                                                              
being "stuck" with this duty from the beginning, Mr. Blaker                                                                     
indicated he would not use the term "stuck;" he thinks Aetna has                                                                
done a pretty good job.  Mr. Blaker noted, though, there might be                                                               
a TPA [third-party administrator] who could perform the function at                                                             
a lesser expense.                                                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG emphasized he had not meant his comment                                                                       
pejoratively, indicating he only meant Aetna volunteered or was put                                                             
in the position initially, and has maintained that position in the                                                              
absence of other bidders.  The chairman pointed out to the                                                                      
committee that Aetna has done a good job here, but it is something                                                              
that is perhaps semi-involuntary.  He asked Mr. Blaker if that                                                                  
would be fair to say.                                                                                                           
                                                                                                                                
MR. BLAKER answered in the affirmative, noting, "We stepped up to                                                               
the plate, ... being a major insurer up here, we wanted to ... take                                                             
the project and do it."                                                                                                         
                                                                                                                                
Number 1438                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO, noting the testimony of the sponsor's                                                                    
representative that [company] participation is based on market                                                                  
share, asked if Aetna is the largest provider of health insurance                                                               
in the state and if that is why the company has the responsibility                                                              
for overseeing the program.                                                                                                     
                                                                                                                                
MR. BLAKER answered that is not correct.  The administrator was                                                                 
decided by competitive bid.  Mr. Blaker appeared to indicate Aetna                                                              
is administering the association because there were no other bids.                                                              
He said that Blue Cross currently probably insures more members in                                                              
the state.  Mr. Blaker reminded the committee they are strictly                                                                 
speaking of insured contracts.  Self-insured contracts are excluded                                                             
and cannot be assessed.  This is one of the problems he thinks                                                                  
these pools will have to address at some point.                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG asked if ERISA-covered underwritten group plans                                                               
provide assistance to the pool.                                                                                                 
                                                                                                                                
MR. BLAKER noted they cannot assess the self-insured plans, but                                                                 
they can assess the insured plans.                                                                                              
                                                                                                                                
CHAIRMAN ROKEBERG said, for example, a large PPO [preferred                                                                     
provider organization] group that could be exempt from insurance                                                                
mandates [of the state] would contribute here.                                                                                  
                                                                                                                                
Number 1554                                                                                                                     
                                                                                                                                
JOHN FERENCE, Deputy Director, Division of Insurance, Department of                                                             
Commerce and Economic Development, testified next off-network via                                                               
teleconference from California.  Mr. Ference commented the two                                                                  
previous speakers had done an admirable job of describing the                                                                   
legislation, and the overall operation of the program.  He stated                                                               
the Division of Insurance does support the legislation; it feels                                                                
these are worthwhile, necessary changes to CHIA's operating plan                                                                
and hopes the committee will pass the legislation on.  He confirmed                                                             
for the chairman there is a board which sets some of the policy.                                                                
                                                                                                                                
CHAIRMAN ROKEBERG referred to language in Section 9 of CSSB
48(HES), subsection (c), "...  The premium for a state plan may not                                                             
exceed 200 percent of the standard risk premium rates determined by                                                             
the board [AVERAGE OF THOSE FIVE ESTIMATES]."  The chairman                                                                     
questioned whether the previous testimony that the premiums were at                                                             
about 150 to 160 percent of individual premium rates was correct.                                                               
                                                                                                                                
MR. FERENCE answered in the affirmative, noting the division's                                                                  
assessment is it is at approximately 175 percent but the                                                                        
distinction is minor.                                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG confirmed, then, the board attempts to stay below                                                             
the 200 percent cap.  However, since the board is made up of                                                                    
underwriters, the chairman questioned that the new language would                                                               
have an impact on their self-assessment.                                                                                        
                                                                                                                                
Number 1618                                                                                                                     
                                                                                                                                
MR. FERENCE answered that was one of the past potential problems.                                                               
He indicated there was a potential for self-interest in the board                                                               
structure and the division felt it was important to strengthen the                                                              
public participation in the board.  This is one of the areas the                                                                
legislation addresses.  The legislation will alter the way the                                                                  
board votes, giving more weight to the votes of the consumer                                                                    
representatives - the board's public members.  In response to the                                                               
chairman's request for this specific bill section, Mr. Ference                                                                  
noted he did not have a copy of the bill but said it is in the                                                                  
first section, where it states that the board members will cast                                                                 
votes on a one vote, one member basis.  The original and existing                                                               
enabling legislation allowed votes to be based on percentage of                                                                 
health insurance writings in the state; this essentially precluded                                                              
an effective vote by the public members.                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG questioned why this was done.                                                                                 
                                                                                                                                
MR. FERENCE answered that the original legislation was cast in                                                                  
terms of resting the operating authority on a proportionate basis                                                               
with insurers' activity levels within Alaska.  Mr. Ference noted he                                                             
wasn't involved with this original founding, so he does not know                                                                
why they did not make an accommodation for effective voting by                                                                  
public members.  That is one of the items this legislation is                                                                   
intended to correct.                                                                                                            
                                                                                                                                
Number 1720                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG commented, then, there is the board of directors                                                              
and the association; the weighting is in the association but the                                                                
board is based on the five members.  He asked if that was correct.                                                              
                                                                                                                                
MR. FERENCE responded that the association itself is the collective                                                             
body of health insurers in the state.  When the membership elects                                                               
board members, their votes are based on their proportion of the                                                                 
writings in the state.  In addition, the association membership                                                                 
must select two public members.  All of these nominations, both the                                                             
insurance company representatives and the public members, are                                                                   
subject to the director of the Division of Insurance's veto.  Under                                                             
the original legislation, once the members had been elected to the                                                              
board they were still authorized to vote based on their                                                                         
proportionate writings.  This legislation would change that:  once                                                              
the board members have been elected, they would vote on a one                                                                   
member, one vote basis.                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG asked if the division had polled the association                                                              
members about this change and the loss of their (indisc.).                                                                      
                                                                                                                                
MR. FERENCE answered in the affirmative, noting the association and                                                             
the existing board are supportive of the change.                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG indicated this put the association members at                                                                 
some financial risk if the board chose to lower the percentage                                                                  
level of the premium.                                                                                                           
                                                                                                                                
MR. FERENCE agreed that would put the carriers at greater risk.                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG confirmed, then, there is greater potential for                                                               
that to happen, although the weighting [board member make-up] is                                                                
still five to two.                                                                                                              
                                                                                                                                
MR. FERENCE agreed.  The insurer members are still a majority of                                                                
the board.                                                                                                                      
                                                                                                                                
Number 1832                                                                                                                     
                                                                                                                                
REPRESENTATIVE CISSNA confirmed Mr. Ference had heard her previous                                                              
question to Mr. Blaker regarding the 50 percent for mental and                                                                  
nervous conditions opposed to the 100 percent for medical.                                                                      
Representative Cissna said she is trying to understand the dynamics                                                             
here.  She asked if there are rules the division abides by on this                                                              
or if it is just statutory.                                                                                                     
                                                                                                                                
MR. FERENCE indicated those coverage levels are set to be                                                                       
equivalent to the minimum standards required under the federal                                                                  
Health Insurance Portability and Accountability Act (HIPAA); those                                                              
are the thresholds required of group insurers under HIPAA.                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG questioned if Representative Cissna was familiar                                                              
with HIPAA.  He indicated the committee had done an 80-page bill                                                                
the previous session to conform state law with this federal law.                                                                
The chairman explained HIPAA was an endeavor to allow people to                                                                 
carry their coverage from one place to another, or to establish                                                                 
coverages, et cetera.  He indicated one provision of HIPAA required                                                             
states to have a universal coverage type of health insurance                                                                    
availability if the state did not have a high-risk pool.  Alaska                                                                
already had the high-risk pool in place; the state met one of                                                                   
HIPAA's major provisions by having this pool in place and ensuring                                                              
its viability.                                                                                                                  
                                                                                                                                
Number 1942                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO referred to Section 4 of CSSB 48(HES), which                                                              
read as follows:                                                                                                                
                                                                                                                                
     * Sec.4.  AS 21.55.100(d) is amended to read:                                                                              
          (d) The association may make available to a person                                                                    
     eligible under this chapter [RESIDENTS WHO ARE HIGH RISKS                                                                  
     AND TO FEDERALLY DEFINED ELIGIBLE INDIVIDUALS] coverage                                                                    
     through a health maintenance organization or other                                                                         
     managed care arrangement if [AS] approved by the                                                                           
     director.  Deductible, copayment, and calendar year                                                                        
     maximum limits provided through an organization or                                                                         
     arrangement are not subject to the limits described in AS                                                                  
     21.55.120, but the limits must be approved by the                                                                          
     director.                                                                                                                  
                                                                                                                                
REPRESENTATIVE HALCRO questioned whether the new second sentence                                                                
regarding deductibles, et cetera, is an opportunity for arbitrary                                                               
fluctuations based on the director's whim.  He asked if there were                                                              
safeties in place.                                                                                                              
                                                                                                                                
Number 1975                                                                                                                     
                                                                                                                                
MR. FERENCE responded that the purpose of that language is to allow                                                             
flexibility in plan design; it was not intended to introduce an                                                                 
arbitrary or capricious element.                                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG indicated there is an annual or periodic report                                                               
required by the division about the premiums and how CHIA works.                                                                 
                                                                                                                                
MR. FERENCE answered that the association provides an annual                                                                    
report.                                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG asked when the last one had been issued.                                                                      
                                                                                                                                
MR. FERENCE deferred to Mr. Blaker.                                                                                             
                                                                                                                                
Number 2011                                                                                                                     
                                                                                                                                
MR. BLAKER believes they are currently working on another report,                                                               
indicating they are in the auditing process.  He expressed                                                                      
uncertainty about when this new annual report would be available.                                                               
                                                                                                                                
CHAIRMAN ROKEBERG requested a copy of the most recent report.                                                                   
                                                                                                                                
MR. FERENCE indicated the committee would be provided with copies                                                               
on April 19, 1999.                                                                                                              
                                                                                                                                
Number 2056                                                                                                                     
                                                                                                                                
MR. GRAY indicated he could provide an answer that had been given                                                               
in another committee to Representative Halcro's question.  The feel                                                             
there was that a $200 deductible just did not fit the situation of                                                              
a person with these types of conditions.  The participants wanted                                                               
a higher deductible because it was better for them financially.                                                                 
Inserting the language in question would give CHIA more flexibility                                                             
to design the premium and copayment plan to better fit the                                                                      
participants' medical situation.  Mr. Gray noted he believes that                                                               
was Director Burke's answer [Marianne Burke, Director, Division of                                                              
Insurance].                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG referred to language on page 5 of CSSB 48(HES),                                                               
in Section 7, "(c) The [EXCEPT AS PROVIDED FOR IN (e) OF THIS                                                                   
SECTION, THE] sum of the deductible and copayments required in any                                                              
calendar year under a plan may note exceed a maximum limit of                                                                   
$1,500 plus the deductible [$2,000 PER COVERED INDIVIDUAL]. ..."                                                                
The chairman asked if that actually increased the amount depending                                                              
on the deductible level.  He questioned the purpose there.                                                                      
                                                                                                                                
Number 2109                                                                                                                     
                                                                                                                                
MR. FERENCE answered that the purpose was to add flexibility so                                                                 
that plans could be tailored more closely to the individual's                                                                   
needs.                                                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG noted, then, that if a person had a higher                                                                    
deductible it would be the $1,500 plus the deductible:  a person                                                                
could be over the former $2,000 limit depending on his/her                                                                      
deductible.  He confirmed from Mr. Ference that that was a correct                                                              
summarization.  The chairman commented, "Then so it's geometric                                                                 
...."  He confirmed there were no further questions for Mr. Blaker                                                              
or Mr. Ference.  The chairman expressed his desire to move the                                                                  
legislation but to also educate the committee further.  After some                                                              
brief discussion with Mr. Ference regarding his and Ms. Burke's                                                                 
availability, and a suggestion from Representative Brice regarding                                                              
a work session to review the CHIA annual report, Chairman Rokeberg                                                              
announced his intention to have Mr. Ference and Ms. Burke speak on                                                              
this issue, and perhaps on health insurance in general, to the                                                                  
committee at a later point in the session.  The chairman thanked                                                                
the witnesses and closed the public testimony on SB 48.                                                                         
                                                                                                                                
Number 2196                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO made a motion to move CSSB 48(HES) out of                                                                 
committee with individual recommendations and the attached zero                                                                 
fiscal note.  There being no objection, CSSB 48(HES) moved out of                                                               
the House Labor and Commerce Standing Committee.                                                                                
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 2219                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Standing                                                               
Committee meeting at 4:03 p.m.                                                                                                  

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