Legislature(1999 - 2000)

02/16/2000 03:25 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                                                                          
                        February 16, 2000                                                                                       
                            3:25 p.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Norman Rokeberg, Chairman                                                                                        
Representative Andrew Halcro, Vice Chairman                                                                                     
Representative Lisa Murkowski                                                                                                   
Representative John Harris                                                                                                      
Representative Tom Brice                                                                                                        
Representative Sharon Cissna                                                                                                    
Representative Jerry Sanders                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 211                                                                                                              
"An  Act  relating   to  liability  for  providing   managed  care                                                              
services, to  regulation of managed  care insurance plans,  and to                                                              
patient rights  and prohibited  practices under health  insurance;                                                              
and providing for an effective date."                                                                                           
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 314                                                                                                              
"An  Act  clarifying   the  requirements  for   limited  liability                                                              
companies and partnerships to qualify  for the Alaska bidder's and                                                              
disability  preferences  under  the State  Procurement  Code;  and                                                              
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE                                                                                 
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 211                                                                                                                  
SHORT TITLE: MANAGED HEALTH CARE INSURANCE                                                                                      
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 4/22/99       914     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 4/22/99       914     (H)  L&C, JUD, FIN                                                                                       
 5/10/99               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 5/10/99               (H)  HEARD AND HELD                                                                                      
 5/10/99               (H)  MINUTE(L&C)                                                                                         
10/22/99               (H)  L&C AT 10:00 AM ANCHORAGE LIO                                                                       
10/22/99               (H)  MINUTE(L&C)                                                                                         
 2/04/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 2/04/00               (H)  -- Meeting Canceled --                                                                              
 2/16/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
BILL: HB 314                                                                                                                  
SHORT TITLE: PROCUREMENT PREFS:PARTNERSHP/LTD LIAB CO                                                                           
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/24/00      1987     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 1/24/00      1987     (H)  L&C, JUD                                                                                            
 1/24/00      1987     (H)  ZERO FISCAL NOTE (ADM/ALL DEPTS)                                                                    
 1/24/00      1987     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 1/24/00      1987     (H)  REFERRED TO LABOR & COMMERCE                                                                        
 2/16/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
JANET SEITZ, Staff                                                                                                              
     to House Labor and Commerce Standing Committee                                                                             
Alaska State Legislature                                                                                                        
Capitol Building, Room 24                                                                                                       
Juneau, Alaska  99801                                                                                                           
POSITION STATEMENT:  Explained changes made in HB 211, Version H.                                                               
                                                                                                                                
JIM JORDAN, Executive Director                                                                                                  
Alaska State Medical Association                                                                                                
4107 Laurel Street                                                                                                              
Anchorage, Alaska 99508                                                                                                         
POSITION STATEMENT:  Testified on HB 211, Version H.                                                                            
                                                                                                                                
MIKE HAUGEN, Executive Director                                                                                                 
Alaska Physicians & Surgeons, Incorporated                                                                                      
4120 Laurel Street, Number 207                                                                                                  
Anchorage, Alaska 99508                                                                                                         
POSITION STATEMENT:  Testified on HB 211, Version H.                                                                            
                                                                                                                                
JACK MCRAE, Senior Vice President                                                                                               
Premera Blue Cross,                                                                                                             
2550 Denali Street, Suite 600                                                                                                   
Anchorage, Alaska 99503-2737                                                                                                    
POSITION STATEMENT:  Testified on HB 211, Version H.                                                                            
                                                                                                                                
JEROME SELBY                                                                                                                    
Providence Health Systems of Alaska                                                                                             
P.O. Box 1962                                                                                                                   
Kodiak, Alaska 99605                                                                                                            
POSITION STATEMENT:  Testified on HB 211, Version H.                                                                            
                                                                                                                                
RICHARD BLOCK                                                                                                                   
Christian Science Committee on Publication                                                                                      
     for the State of Alaska                                                                                                    
360 West Benson Boulevard, Suite 301                                                                                            
Anchorage, Alaska 99503                                                                                                         
POSITION STATEMENT:  Testified on HB 211, Version H.                                                                            
                                                                                                                                
VERN JONES, Chief Procurement Office                                                                                            
Division of General Services                                                                                                    
Department of Administration                                                                                                    
P.O. Box 110210                                                                                                                 
Juneau, Alaska 99811-0210                                                                                                       
POSITION STATEMENT:  Testified on HB 314.                                                                                       
                                                                                                                                
JOE KENNEDY, Physical Therapist                                                                                                 
     for Dr. John Bursell                                                                                                       
Alaska Physical Therapy Association                                                                                             
2583-3 Douglas Highway                                                                                                          
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified on HB 211, Version H.                                                                            
                                                                                                                                
BOB LOHR, Director                                                                                                              
Division of Insurance                                                                                                           
Department of Community and Economic Development                                                                                
P.O. Box 110805                                                                                                                 
Juneau, Alaska 99811-0805                                                                                                       
POSITION STATEMENT:  Explained fiscal  note for HB 211, Version H.                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-12, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN  NORMAN  ROKEBERG called  the  House Labor  and  Commerce                                                              
Standing Committee meeting to order  at 3:25 p.m.  Members present                                                              
at  the  call to  order  were  Representatives  Rokeberg,  Halcro,                                                              
Murkowski, Brice  and Cissna.  Representatives Sanders  and Harris                                                              
arrived as the meeting was in progress.                                                                                         
                                                                                                                                
HB 211-MANAGED HEALTH CARE INSURANCE                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG  announced the first order of  business would be                                                              
HOUSE BILL  NO. 211, "An Act  relating to liability  for providing                                                              
managed  care services,  to regulation of  managed care  insurance                                                              
plans,  and  to  patient rights  and  prohibited  practices  under                                                              
health insurance; and providing for an effective date."                                                                         
                                                                                                                                
CHAIRMAN  ROKEBERG   indicated  he  would  like   to  hear  public                                                              
testimony  on  HB  211,  recess to  take  up  another  bill,  then                                                              
reconvene to  hear further  testimony on  HB 211.   It is  not his                                                              
intention to  move HB 211  from the committee  today.  There  is a                                                              
good   deal  of   interest  in   the  bill,   which  has   certain                                                              
controversial elements.                                                                                                         
                                                                                                                                
Number 0167                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO  made  a   motion  to  adopt  the  proposed                                                              
committee  substitute  (CS) for  HB  211 [Version  H,  1-LS0472\H,                                                              
Ford, 2/14/00].                                                                                                                 
                                                                                                                                
CHAIRMAN  ROKEBERG asked  if  there were  any  objections.   There                                                              
being none, Version H was adopted as a working draft.                                                                           
                                                                                                                                
JANET  SEITZ,   Staff  to  House   Labor  and  Commerce   Standing                                                              
Committee, came forward to explain  the changes in HB 211, Version                                                              
H.   She  noted there  is an  amendment to  the title  referencing                                                              
Alaska  Rules  of  Appellate  Procedure.   This  title  change  is                                                              
necessitated by a  change in the bill that sets a  limit on when a                                                              
suit may be filed after the final  decision of the external appeal                                                              
agency.  The next change is on page  3, line 10, which is the same                                                              
as  in Version  G that  added working  to describe  days and  some                                                              
binding arbitration provisions.                                                                                                 
                                                                                                                                
MS. SEITZ  indicated that in the  original bill there was  a split                                                              
subsection 5, which included subparagraphs  (A) and (B).  She said                                                              
provision  (A), dealing  with utilization  review, was added  back                                                              
into Version  H.   In this  provision, the  time was changed  from                                                              
three days  to 72 hours.   Working days do not  include Saturdays,                                                              
Sundays or  holidays.   She explained  that the medical  necessity                                                              
language and  "clinical trial"  were reinserted.   On page  6, the                                                              
language  "including  specific  exclusions"  was  reinserted,  and                                                              
language was  added to  update the formulary  guide annually.   In                                                              
Sec. 21.07.030,  subsection (e),  paragraphs 1 and  2, definitions                                                              
for "appropriate  referral procedures"  and "specialty  care" were                                                              
added.                                                                                                                          
                                                                                                                                
MS. SEITZ  stated that Sec. 21.07.040  on page 8, lines  8 through                                                              
15, is identical to Version G.  This  section has two subsections;                                                              
one  relates  to confidentiality  and  the  other relates  to  the                                                              
adoption   of  regulations  by the  director.   Page  12, lines  4                                                              
through 5, includes  language pertaining to the time  limit on the                                                              
filing of  an appeal  of a  final decision  of an external  appeal                                                              
agency.                                                                                                                         
                                                                                                                                
MS. SEITZ explained that this is  why the court rule exists in the                                                              
title.   A  new section  is  added (Sec.  21.07.060)  on pages  12                                                              
through  14, relating  to the  qualifications  of external  appeal                                                              
agencies.  This section adds that  the director of the Division of                                                              
Insurance, Department  of Commerce and Economic  Development, will                                                              
provide a process for certification  and periodic recertification.                                                              
It also adds  that the director may establish  fees for certifying                                                              
these external appeal agencies.                                                                                                 
                                                                                                                                
MS. SEITZ explained that in Sec.  21.07.250, beginning on page 12,                                                              
relating to  definitions, the definitions  of "clinical  peer" and                                                              
"clinical trial"  were added.   Sec. 21.42.390, beginning  on page                                                              
16,  relating to  required health  insurance coverage  provisions,                                                              
reinserts  language from  the original  version of  the bill  that                                                              
lists what a  health care insurance contract may  not include in a                                                              
plan and that a health care insurer  may deny health care payments                                                              
because  a service is  not medically  necessary unless  determined                                                              
otherwise  by a  licensed  health care  provider  trained in  that                                                              
specialty or  subspecialty.  This  section also includes  language                                                              
which  states  that  an  insurance company  may  not  take  action                                                              
against the insured  when the insured asserts  any rights provided                                                              
for in this legislation.  In addition,  a covered person may bring                                                              
civil action against  the insurer to enforce the  person's rights.                                                              
Definitions for "health care provider"  and "health care services"                                                              
are also provided in this section.                                                                                              
                                                                                                                                
MS. SEITZ noted  that Section 5, page 17, lines 13  through 18, is                                                              
a new  section  providing for  an indirect  court rule  amendment.                                                              
Section 6 on page  17 is a conditional effect; it  only applies if                                                              
the court rule change  passes.  The effective date  in the bill is                                                              
July 1, 2000, which is the same as in the original bill.                                                                        
                                                                                                                                
REPRESENTATIVE HALCRO asked who requested this bill.                                                                            
                                                                                                                                
CHAIRMAN  ROKEBERG replied  that it  was requested  by the  Alaska                                                              
State Medical Association.                                                                                                      
                                                                                                                                
Number 0701                                                                                                                     
                                                                                                                                
JIM JORDAN, Executive Director, Alaska  State Medical Association,                                                              
came forward  to testify on  HB 211, Version  H.  He  indicated he                                                              
had  previously  provided  to  Chairman  Rokeberg  a  side-by-side                                                              
analysis  between the original  HB 211  and Version  H.   He noted                                                              
that the Alaska  State Medical Association (ASMA)  is pleased with                                                              
Version H  for the most part.   He said there  are recommendations                                                              
contained in the  comparison with respect to  amendatory language.                                                              
He would not go  into details, given the time limit  and number of                                                              
testifiers.   With him today  is Mike Haugen, Executive  Director,                                                              
Alaska Physicians & Surgeons, Incorporated.                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked which letter is the comparison letter.                                                                  
                                                                                                                                
MR. JORDAN referred to a letter dated February 11, 2000, included                                                               
in the bill packet.  He said:                                                                                                   
                                                                                                                                
     I anticipate  that you are going to hear  some testimony                                                                   
     today in  [regard] to what the  costs impacts may  be of                                                                   
     adopting  some version  of HB  211.  There  have been  a                                                                   
     number  of studies  done  regarding what  the  potential                                                                   
     costs impacts  could be.  And  they frankly go  all over                                                                   
     the  ballpark.   Last year  in the  original hearing  we                                                                   
     provided  testimony that included  some of the  evidence                                                                   
     from those studies.                                                                                                        
                                                                                                                                
     I believe that  one study which was done  in [regard] to                                                                   
     the Texas version  of this measure, which  was passed in                                                                   
     1997,  which   is  relatively   similar  to  this,   was                                                                   
     estimated to cost about 34 cents  per month per insured.                                                                   
     I  don't  think  that's a  significant  cost.    Another                                                                   
     aspect  that  will  no  doubt be  testified  on  is  the                                                                   
     potential adverse  impact in [regard] to the  section of                                                                   
     the bill that  allows managed care entities  to be sued.                                                                   
     Again,  I  will  refer  to  Texas.    Their  law  became                                                                   
     effective  in  1997.    To date  there  have  been  five                                                                   
     lawsuits  filed.   And  in a  jurisdiction  the size  of                                                                   
     Texas  I  don't  think  that's a  great  number.    And,                                                                   
     frankly, if  there are entities that are  making medical                                                                   
     decisions, it  is the medical association's  opinion and                                                                   
     most physicians' opinions in  general that as physicians                                                                   
     are  responsible  for the  medical decisions  that  they                                                                   
     make, so  should these entities  be responsible  for the                                                                   
     decisions that they make.                                                                                                  
                                                                                                                                
     This particular measure would  allow these suits to take                                                                   
     place in  state court.  I  would like to mention  that I                                                                   
     think  that this  would  be preferable  to  some of  the                                                                   
     other venues  for such  lawsuits.  As  you may be  aware                                                                   
     of, there have been class-action  lawsuits filed against                                                                   
     various segments  of the insurance industry.   And these                                                                   
     are  lawsuits that  are  essentially  dealing with  very                                                                   
     novel  theories  of  liability  that  in  essence  would                                                                   
     circumvent  all of the tort  reforms that we've  enacted                                                                   
     in this state.   And it's a result that  I wouldn't like                                                                   
     to see.                                                                                                                    
                                                                                                                                
MIKE  HAUGEN, Executive  Director, Alaska  Physicians &  Surgeons,                                                              
Incorporated, came  forward to testify  on HB 211, Version  H.  He                                                              
explained that  Alaska Physicians  & Surgeons, Incorporated  (APS)                                                              
is an association  of 165 physicians in the Anchorage  area.  They                                                              
are  an independent  practice  association  (IPA).   APS  provides                                                              
different  services to  doctors,  one of  which  is to  act as  an                                                              
intermediary between  insurance companies and the  physicians.  He                                                              
commented:                                                                                                                      
                                                                                                                                
     I'd  just  like to  thank  you  for the  opportunity  to                                                                   
     provide  this testimony in  support of HB  211.   At any                                                                   
     given time, APS, my association,  is in discussions with                                                                   
     between six to eight insurance  carriers that would like                                                                   
     to do  business in the state  of Alaska.  We  have heard                                                                   
     rumors that  one of the results  of the passage  of this                                                                   
     legislation may  be that some of the larger  carriers in                                                                   
     the state  might decide to pull  up shop and  leave, but                                                                   
     they  could not economically  afford  to do business  in                                                                   
     this state.                                                                                                                
                                                                                                                                
Number 1033                                                                                                                     
                                                                                                                                
     I'm here to  tell you that I talk to carriers  every day                                                                   
     who  would  love  to  do business  in  this  state,  but                                                                   
     because  of the economics  of trying  to penetrate  this                                                                   
     market,  it's prohibitively expensive  for them  at this                                                                   
     time to  do so.   The best  way to  address some of  the                                                                   
     specific provisions of HB 211  is answer to the question                                                                   
     of why it's  important is to ask some questions.   Among                                                                   
     them are:  Isn't the patient's  best interest of managed                                                                   
     care  contracts contain  things like  gag clauses  which                                                                   
     bar  physicians  from informing  patients  about  better                                                                   
     treatment  options or  a different  type of health  plan                                                                   
     that may cover a medical service  that they need?  Is it                                                                   
     in  the patient's  best  interest to  deny  a patient  a                                                                   
     point-of-service option  whereby a patient could  seek a                                                                   
     physician outside of the network,  provided that patient                                                                   
     will  one  day  pay  the  extra cost?    Is  it  in  the                                                                   
     patient's  best interest to  deny the  use of a  prudent                                                                   
     lay person standard for emergency room services?                                                                           
                                                                                                                                
     I've  heard   anecdotal  stories   of  these  types   of                                                                   
     contracts  containing provisions  that define  emergency                                                                   
     whereby  unless a  patient is admitted  to the  hospital                                                                   
     it's  not considered  an emergency  service.   And  I've                                                                   
     heard stories  of doctors describing patients  coming in                                                                   
     with,  say  ,a bone  stuck  in  their throat.    They're                                                                   
     choking  to death.   Well, the  emergency people  remove                                                                   
     the  bone, the  patient is  discharged,  and under  that                                                                   
     kind  of contract,  that's not  considered an  emergency                                                                   
     service.  Those are just ridiculous  types of provisions                                                                   
     in contracts.   A lay person standard would  identify an                                                                   
     emergency  as  anything  you  or  I consider  to  be  an                                                                   
     emergency.  If we had a child  that was hurt and brought                                                                   
     it  in to  the  emergency room,  that's  the lay  person                                                                   
     standard.  Is it in the patient's  best interest to deny                                                                   
     a timely  internal and neutral external  appeals process                                                                   
     for   denied   claims   based   on   medical   necessity                                                                   
     determinations?     And  finally,  who's  in   a  better                                                                   
     position to  determine what is medically necessary?   Is                                                                   
     it a  physician or  a non-physician?   In some of  these                                                                   
     contracts, non-physicians  make the determination.   And                                                                   
     the list goes on.                                                                                                          
                                                                                                                                
     HB   211,  in   our  opinion,   would  standardize   the                                                                   
     contracting process  with third-party payers  and remove                                                                   
     many  of the most  contentious contracting  issues.   It                                                                   
     would  protect patients.   It  would  give physicians  a                                                                   
     feeling  of  operating  on a  much  more  level  playing                                                                   
     field.  And we feel that's just good public policy.                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG  asked if Mr. Haugen's organization,  as an IPA,                                                              
would be considered a managed care  organization and be subject to                                                              
the provisions of the bill.                                                                                                     
                                                                                                                                
MR.  HAUGEN  replied no.    He  explained  that the  contracts  he                                                              
receives  are   predominately  preferred  provider   organizations                                                              
(PPOs).  If  the bill is passed,  the bill would require  that the                                                              
language in  those contracts include  the provisions in  the bill.                                                              
He would  take the contracts  and give them  to his members.   His                                                              
members  would decide  individually whether  or not  they want  to                                                              
sign those contracts.                                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG  wondered, "Your  form of organization  would be                                                              
in many jurisdictions besides Alaska?"                                                                                          
                                                                                                                                
MR. HAUGEN stated that Alaska is  unique.  He noted that many IPAs                                                              
across  the country  administer capitated  contracts whereby  they                                                              
receive lump  sums of money to  handle a given  population because                                                              
there  are  no health  care  management  organizations  (HMOs)  in                                                              
Alaska.                                                                                                                         
                                                                                                                                
Number 1238                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO commented:                                                                                                
                                                                                                                                
     Mr.  Jordan,  you talked  about  there being  an  unsure                                                                   
     negligible cost  incurred if this legislation's  passed.                                                                   
     There's a  letter in our packet that  references [letter                                                                   
     dated  02/02/2000,  from  Jack  McRae,  Blue  Cross/Blue                                                                   
     Shield of Alaska]  a study done by Milliman  & Robertson                                                                   
     with  [regard] to  the pending  federal legislation  and                                                                   
     some potential  Washington State  legislation.   It says                                                                   
     that  studies  show  that  it  has  the  opportunity  to                                                                   
     increase premiums  as much as  4 percent.   In addition,                                                                   
     this  would be on  top of  the 12  percent that the  ...                                                                   
     Alaska state's health benefit  consulting firm of Watson                                                                   
     Wyatt has projected.   So that's a 16  percent increase,                                                                   
     conservatively, for  the State of Alaska in  health care                                                                   
     costs.  Do  you have any numbers that would  refute that                                                                   
     or any opinion on that?                                                                                                    
                                                                                                                                
Number 1280                                                                                                                     
                                                                                                                                
MR. JORDAN indicated he was not familiar with the studies.  He                                                                  
wondered if this was a study of the federal legislation.                                                                        
                                                                                                                                
REPRESENTATIVE  HALCRO replied  yes.   He added,   "In  Washington                                                              
State.   In  addition,  it seems  that the  state  has retained  a                                                              
consulting firm  to look at  their potential health  cost exposure                                                              
on this."                                                                                                                       
                                                                                                                                
MR. JORDAN responded:                                                                                                           
                                                                                                                                
     First  of all,  there was a  study done  by William  and                                                                   
     Mercer (ph), and that was provided  you last year in the                                                                   
     State Medical  Association's testimony.   And I  believe                                                                   
     that the range  of costs in that were about  1.8 percent                                                                   
     to  2  percent.    I  believe   also  the  Milliman  and                                                                   
     Robertson  study, I  think, was  somewhat predicated  on                                                                   
     the federal  Office of Budget  and Management study.   I                                                                   
     believe that  one of the major assumptions  made in that                                                                   
     study  had  to do  with  the  cost associated  with  the                                                                   
     additional  number  of  lawsuits   expected  under  that                                                                   
     particular  element   that  would  allow   managed  care                                                                   
     entities to be sued for the  medical decisions that they                                                                   
     make.                                                                                                                      
                                                                                                                                
     I believe  ... - and  I don't have  this with me,  but I                                                                   
     can get this  information to you - that based  upon what                                                                   
     the experience  has been - for  example, in Texas,  as I                                                                   
     cited earlier,  there were five cases - it  would appear                                                                   
     that that assumption was greatly overstated.                                                                               
                                                                                                                                
Number 1370                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO   noted  that  Version  H   is  similar  to                                                              
legislation  considered last  year (HB 121)  which eliminated  PPO                                                              
options for dental coverage.  He stated:                                                                                        
                                                                                                                                
     And part  of the  concern during  the testimony at  that                                                                   
     hearing  was there  wasn't really  a problem.   I  mean,                                                                   
     this  was a solution  looking  for a problem.   Are  you                                                                   
     telling  me, with this  comprehensive legislation,  that                                                                   
     there  are  these  specific  problems  existing  now  in                                                                   
     Alaska  - with  our   people being  denied coverage  and                                                                   
     having not  as good of quality  of care, not  being able                                                                   
     to sue when they've been misdiagnosed  - are you telling                                                                   
     me  that those  currently  exist here  in  the state  of                                                                   
     Alaska?                                                                                                                    
                                                                                                                                
MR.  JORDAN responded  that  the  problems exist  in  Alaska to  a                                                              
certain extent.   He explained that it varies.  Managed  care is a                                                              
continuum  ranging  from  full-blown   HMOs  that  own  their  own                                                              
hospitals to insurance contracts  that include elements of managed                                                              
care.  Some  of the elements addressed  in the bill have  not been                                                              
experienced in  this state.  He thinks  it needs to be  viewed, to                                                              
some degree, as preventative medicine.                                                                                          
                                                                                                                                
Number 1473                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO referred to  Mr. Jordan's comments regarding                                                              
the impenetrability of the market.   He wondered if Mr. Jordan was                                                              
aware that  over the last  six years there  has been a  53 percent                                                              
increase in  the amount  of licensed physicians.   He  noted there                                                              
has been  a tremendous  swelling  in the pool  of physicians,  but                                                              
there  has not  been a  corresponding  increase in  the amount  of                                                              
health care providers.   He is curious why people  are not getting                                                              
quality health care.                                                                                                            
                                                                                                                                
MR. HAUGEN  said he  is not  quite sure  and asked  Representative                                                              
Halcro to rephrase the question.                                                                                                
                                                                                                                                
REPRESENTATIVE HALCRO  said there are 20 pages  of patients' bills                                                              
of rights  and more doctors  than ever.   He imagines  that health                                                              
care  is not  only  available  but  readily available,  and  there                                                              
should not  be any problems  whatsoever.   He does not  understand                                                              
why  the market  is  impenetrable when  there  is a  huge base  of                                                              
100,000 people being served.                                                                                                    
                                                                                                                                
MR.  HAUGEN explained  that  when  a new  company  comes into  the                                                              
market,  it  incurs  substantial  marketing costs  because  it  is                                                              
selling  a product.   In  starting from  scratch, it  is like  any                                                              
other  business.    If  there  are   entrenched,  well-established                                                              
carriers  in Alaska  who  dominate a  market,  there has  to be  a                                                              
mechanism for the new carriers to  feel that they can make a go of                                                              
it.    He  commented,  "Under  the  current  set  of  rules  we're                                                              
operating under, and under the lack  of provisions contained in HB
211,  it  is very  difficult  for  these  new  carriers to  get  a                                                              
foothold in this state."                                                                                                        
                                                                                                                                
Number 1599                                                                                                                     
                                                                                                                                
MR. JORDAN directed his comments to Representative Halcro:                                                                      
                                                                                                                                
     You know,  you said there was  a 53 percent  increase in                                                                   
     the number of physicians.  Now,  that could presume that                                                                   
     ...  before the  53 percent  increase that  there was  a                                                                   
     sufficient number  of physicians  in this state.   And I                                                                   
     don't know that that's the case.   There may have been a                                                                   
     53 percent  increase, and I don't doubt  your statistics                                                                   
     at all, but  it may be that that increase  of physicians                                                                   
     was necessary  in order to serve the population  of this                                                                   
     state.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  HALCRO  said  he   understands  that.    He  still                                                              
questions why a sweeping regulation  is needed when there are more                                                              
doctors satisfying the demand.  He stated:                                                                                      
                                                                                                                                
     Nobody  is being excluded  from coverage.   That's  what                                                                   
     I'm  saying.   And  it seems  to  me that  -  ... as  we                                                                   
     discussed   earlier  this  afternoon   -  if  you   have                                                                   
     employers,  ... their only  means of providing  coverage                                                                   
     for  their   employees  is  based  on  the   ability  to                                                                   
     negotiate  with   a  carrier,  thereby   extending  some                                                                   
     discount to the  employer to  allow them; it seems to me                                                                   
     that you  would want that and  you would want  to foster                                                                   
     that,  ... especially  with  more physicians  than  ever                                                                   
     practicing  in this state.   And it's  kind of at  odds.                                                                   
     ...  I would  understand if  we  had a  smaller pool  of                                                                   
     doctors and you wanted to increase  access for folks who                                                                   
     needed quality care, but there  seems to be a sufficient                                                                   
     amount  of doctors,  as referenced  by the  occupational                                                                   
     licensing department,  and so I'm curious with  all this                                                                   
     supply out  there and the  demand to obviously  go along                                                                   
     with it, why do we need this?                                                                                              
                                                                                                                                
CHAIRMAN ROKEBERG said the issue relates to the choice of the                                                                   
consumer and not the number of doctors in the state.                                                                            
                                                                                                                                
REPRESENTATIVE HALCRO said he understands that.  He explained:                                                                  
                                                                                                                                
     But it  gets back  to the root  of my question,  whereby                                                                   
     similar to  the dentist bill,  if you have a  company or                                                                   
     mental health parry that we  discussed last year, if you                                                                   
     have  a company  that  can  barely afford  coverage  for                                                                   
     their  employees, as  we discussed,  86  percent of  the                                                                   
     businesses  in this  state are  20  or fewer  employees.                                                                   
     So, if you have an employer  who's barely hanging on and                                                                   
     can offer a health care package  to their employees, why                                                                   
     would we  not want to foster  the ability to go  out and                                                                   
     negotiate contracts,  negotiate these PPOs, to  at least                                                                   
     provide  something  for  their employees?    That's  the                                                                   
     question.                                                                                                                  
                                                                                                                                
Number 1725                                                                                                                     
                                                                                                                                
MR. HAUGEN said he does not understand how Representative Halcro                                                                
thinks this bill would inhibit the ability to negotiate                                                                         
contracts.                                                                                                                      
                                                                                                                                
REPRESENTATIVE HALCRO said he thinks  the bill is a cost driver to                                                              
the  private-pay market.    He is  concerned  about putting  small                                                              
employers in  a position where they  will have to  forego coverage                                                              
for their employees or eat the cost increase.                                                                                   
                                                                                                                                
Number 1750                                                                                                                     
                                                                                                                                
MR. JORDAN commented:                                                                                                           
                                                                                                                                
     You have to understand that  physicians are not the only                                                                   
     player  in the health  care market.   The percentage  of                                                                   
     the health  care expenditures attributed  to physician's                                                                   
     charges  is about 16  percent, I believe.   There  are a                                                                   
     lot of other  factors that drive the cost  in the health                                                                   
     care market,  technology being one.   Would you  want to                                                                   
     outlaw new technology because  it may increase the cost?                                                                   
     I would venture the answer to that question is "No."                                                                       
                                                                                                                                
     There  are  also  brand-new   pharmaceuticals  that  are                                                                   
     coming on  the marketplace.   Last year I  believe there                                                                   
     were  166 new  drugs  that came  online.    The cost  of                                                                   
     putting  a new  drug  online is  between  $400 and  $800                                                                   
     million, another  driver in  the market place.   Another                                                                   
     driver in the  market place, I'm a prime  example.  Look                                                                   
     at my gray hair.  I'm part of  that bulge in the python,                                                                   
     and as  we age, we need  more health services....  I can                                                                   
     personally attest to that, having  had five surgeries in                                                                   
     the last  year.  So,  I think there  are a lot  of other                                                                   
     drivers to the  cost of health care that  go beyond what                                                                   
     this  bill   may  provide  for,   that  are   much  more                                                                   
     significant, that we would not want to outlaw.                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG said the issue  revolves around the point of the                                                              
service  option  being  a  cost-driver   per  se.    He  indicated                                                              
Representative Halcro had brought  up an interesting question that                                                              
elicits a need for an answer.  He stated:                                                                                       
                                                                                                                                
     When you're  talking about a  presumed 1.8 to  2 percent                                                                   
     increase because  of the bill generically,  on one hand,                                                                   
     and then another  party saying it could be as  much as 4                                                                   
     percent,  there's a difference  there, 2 percent,  which                                                                   
     is a  substantial 200 basis  points and the  distinction                                                                   
     between  what component of  the point-of-service  option                                                                   
     drives  versus the  amount  of litigation,  because  you                                                                   
     made a  distinction, Mr. Jordan,  between the  amount of                                                                   
     litigation  and its  resulting cost,  and the amount  of                                                                   
     point-of-service options or  the choice provision in the                                                                   
     bill within  a PPO.  I would  say that I believe  the 12                                                                   
     percent increase  that Representative Halcro  is talking                                                                   
     about is  the medical inflation  cost, which is  a push;                                                                   
     it's notwithstanding  this bill or not, so  this bill is                                                                   
     not going to cost 16 percent  more.  I mean, is that how                                                                   
     you took it, Representative Halcro?                                                                                        
                                                                                                                                
REPRESENTATIVE HALCRO replied yes.                                                                                              
                                                                                                                                
CHAIRMAN  ROKEBERG said  there is  clearly some  cost driver  that                                                              
would be driven  by this bill.  He is curious  about it and thinks                                                              
it is one of the key issues here.   He explained that he would not                                                              
be sponsoring this bill if he thought  it would drive costs up and                                                              
hurt small businesses.                                                                                                          
                                                                                                                                
MR. JORDAN referred to the point-of-service  issue and stated that                                                              
the bill very  clearly allows any additional costs  required to be                                                              
paid by the insured patient.  This  would not necessarily directly                                                              
flow through the employer.                                                                                                      
                                                                                                                                
CHAIRMAN  ROKEBERG answered,  "That's  everybody's Pollyanna  that                                                              
it's going  to cost more, and that's  the issue.  Having  a point-                                                              
of-service option menu, does that really drive up costs?"                                                                       
                                                                                                                                
Number 1980                                                                                                                     
                                                                                                                                
JACK MCRAE, Senior  Vice President, Premera Blue  Cross, testified                                                              
via  teleconference from  Seattle, Washington,  regarding HB  211,                                                              
Version  H.   He noted  that  Premera Blue  Cross  is the  holding                                                              
company  for  Blue  Cross/Blue  Shield  of  Alaska.    He  handles                                                              
government relations for the organization.   He indicated that his                                                              
organization  is  not  opposed  to  a  patients'  bill  of  rights                                                              
concept.  He stated:                                                                                                            
                                                                                                                                
     But we are  very concerned about the language  that's in                                                                   
     it and how it's drafted, and  a lot of the concepts that                                                                   
     are in  this bill.  A  prudent lay person,  for example,                                                                   
     we  support.   The gag  rule  we support.   Through  the                                                                   
     National  Committee  for Quality  Assurance  (NSQA)  and                                                                   
     through  Blue Cross/Blue  Shield  association  licensing                                                                   
     requirements, we  support timely and accurately  appeals                                                                   
     processes.   So, there's a lot  of this bill that  we do                                                                   
     support.                                                                                                                   
                                                                                                                                
     Our concern about  this piece of legislation  is we want                                                                   
     to  make sure  that what  does  pass adds  value to  the                                                                   
     health care system and just  doesn't add additional cost                                                                   
     ...  As you  know, nationally  the  uninsured number  is                                                                   
     going up  substantially.  It's  over 50 million now.   I                                                                   
     know  in Alaska  it's  over  the national  average,  but                                                                   
     that's  a  quirk, I  believe,  because you've  got  some                                                                   
     unique  things in  Alaska, but  I think it  is over  the                                                                   
     national average.                                                                                                          
                                                                                                                                
     And the  other thing we're  seeing throughout  the whole                                                                   
     nation - and  I assume it's paralleled itself  in Alaska                                                                   
     -  is more  and more  employers  are dropping  insurance                                                                   
     because  the costs are  just going up.   So, what  we're                                                                   
     concerned  about is  that anything  that  does pass  ...                                                                   
     adds value to  the health care system and  doesn't layer                                                                   
     more administrative or more  costs on the system without                                                                   
     bringing better health care to the consumer ...                                                                            
                                                                                                                                
     There's  a lot of  parallel between  this and what  they                                                                   
     call  the  Norwood-Dingell   Bill  in  Washington,  D.C.                                                                   
     There's both  a Senate and a  House bill, and  there's a                                                                   
     lot of  overlap between; the  language is similar.   And                                                                   
     we were  talking a minute ago  about costs, and  I agree                                                                   
     with  Mr. Jordan  that  cost figures  are  all over  the                                                                   
     place when it  comes to legislation like this.   But the                                                                   
     Congressional Budget  Office just came out  six days ago                                                                   
     with some  cost estimates pertaining to both  the Senate                                                                   
     bill and the House bill in Washington, D.C.                                                                                
                                                                                                                                
     Like  I said, the  House bill  is very  similar to  your                                                                   
     Alaska  drafted bill,  and they  say  the estimate  they                                                                   
     have for the  costs for the federal bill  is 4.1 percent                                                                   
     increase  in health care  costs.   And the Senate  bill,                                                                   
     which doesn't  have liability, it's not as  expensive as                                                                   
     the House bill  in Washington, D.C.  It's  a 1.3 percent                                                                   
     increase.   But whether  it's 1.3 or  it's 4 or  it's 2,                                                                   
     there's no doubt about it that  this will drive the cost                                                                   
     of health care up, and that's  what our real concern is,                                                                   
     without getting  a beneficial return to the  consumer in                                                                   
     all cases.                                                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG asked, "What do you attribute even the Senate                                                                 
1.32 [percent]?  Is that a point-of-service option also?"                                                                       
                                                                                                                                
MR. MCRAE replied:                                                                                                              
                                                                                                                                
     Well, no,  most of that ...  is in two areas.   Mainly I                                                                   
     use liability,  liabilities of  mean cost drivers.   And                                                                   
     they've put a fairly high number  on the external appeal                                                                   
     process and what that will cost to health care.                                                                            
                                                                                                                                
     Now, Blue Cross/Blue  Shield of Alaska, we  are going to                                                                   
     be  implementing   an  external  review   appeal  system                                                                   
     effective  the end of  March.  We're  in the process  of                                                                   
     implementing  it down  here.   What it will  allow is  a                                                                   
     consumer that  is denied a claim  to appeal a  claim and                                                                   
     to go  to an outside  external review organization,  and                                                                   
     we will  bind the decision  on what the external  review                                                                   
     organization  says.    We  will  not  second-guess  that                                                                   
     external review organization.                                                                                              
                                                                                                                                
     Now,  you   have  similar  language  to  this   in  your                                                                   
     legislation,  in HB  211, but  we have  committed to  do                                                                   
     this already.   We're going to  do it, and we  don't see                                                                   
     the  cost  driver that  strong  in the  external  review                                                                   
     processes as we do in a liability process.                                                                                 
                                                                                                                                
     A couple other things, and you  know we do polling quite                                                                   
     a bit,  and we've  done it in  Alaska, and we're  seeing                                                                   
     very  strong numbers  pertaining to  whether people  are                                                                   
     pleased  with  their  health  care  system  and  whether                                                                   
     they're  pleased with their  insurance; and most  people                                                                   
     are.                                                                                                                       
                                                                                                                                
     But when we ask the question  about higher premiums, ...                                                                   
     57 percent  of the  respondents said  they would not  be                                                                   
     willing  to pay  a higher premium  in order  to have  an                                                                   
     appeals  decided by  people not  associated with  health                                                                   
     insurance.   So,  as we  tailor this  appeal process,  I                                                                   
     think it's very  important that we try to  keep the cost                                                                   
     as low as we can in that appeal process.                                                                                   
                                                                                                                                
     When we started talking about  costs, I'm not sure if it                                                                   
     was  my letter  that  was quoted,  ...  we've seen  that                                                                   
     steady increase  in Alaska in health care  costs, and we                                                                   
     don't  have the  distinct figures  to  know whether  the                                                                   
     employers are dropping insurance....   We don't have the                                                                   
     figures to  really take a good  close look at that.   We                                                                   
     know  that  the  uninsured   rate  is  higher  than  the                                                                   
     national average.                                                                                                          
                                                                                                                                
     The other thing we're concerned  about is that uninsured                                                                   
     number.  Like  I said earlier, the uniqueness  of Alaska                                                                   
     is that  I think,  because [of]  the Indian health  care                                                                   
     system, there  are some numbers  that I don't  think are                                                                   
     exactly  accurate  in Alaska.    I think  the  uninsured                                                                   
     number is  probably lower than what is  really reflected                                                                   
     in  the Census  Bureau numbers.    But we  do know  that                                                                   
     anytime  you increase costs,  those small employers  out                                                                   
     there of  10, 20,  5 employees, they  have to make  that                                                                   
     decision on whether they can  continue to provide health                                                                   
     insurance   for  their  employees.     So,  we're   very                                                                   
     concerned  that  any cost  driver  will take  the  small                                                                   
     employer, which is the most  fragile part of the market,                                                                   
     along  with the individual  market  and people who  just                                                                   
     say, "I just can't afford insurance.   I'm going to have                                                                   
     to  pay  that  heat  bill  instead  of  paying  for  the                                                                   
     insurance."                                                                                                                
                                                                                                                                
     A number of  my comments went to the bill   directly and                                                                   
     to different portions of it,  and I'm not sure this is -                                                                   
     over the  phone like  this - would  be appropriate.   It                                                                   
     might be if I was there, but  I'm not sure going through                                                                   
     each  section  of the  bill  with  some areas  would  be                                                                   
     appropriate over the phone like this....                                                                                   
                                                                                                                                
     We  will  support Patients'  Bill  of  Rights.   We  are                                                                   
     concerned  about the  drafting of it  and the  different                                                                   
     aspects of it, but I don't want  to leave the impression                                                                   
     at all  that it isn't  something that we'd  be receptive                                                                   
     to.   A concern  we do have,  like I  said, is the  cost                                                                   
     driver.  And right now we're  in the middle of a federal                                                                   
     bill.... They  were going to go to conference  committee                                                                   
     last week on  the federal bill, and that  was postponed.                                                                   
     It will  be going to conference  by the 28th,  I believe                                                                   
     it is,  and we  could end  up with  a system where,  for                                                                   
     example, if we  take the appeals procedure,  it could be                                                                   
     a different appeals procedure  in Alaska than what would                                                                   
     be required by  the federal system, so you'd  have, say,                                                                   
     60  percent of  the  ERISA [Employee  Retirement  Income                                                                   
     Security Act] covered.                                                                                                     
                                                                                                                                
     Subscribers   in  Alaska   have   a  different   appeals                                                                   
     system.... So,  we would like to ask  that consideration                                                                   
     be  given  to   taking  a  look  at  what   the  federal                                                                   
     government  will do  before laws are  passed in  Alaska,                                                                   
     because I think it will be confusing  to a consumer. ...                                                                   
     We'll have to keep two different systems working....                                                                       
                                                                                                                                
     The  other  area of  concern  in  this  bill:   it's  my                                                                   
     understanding ... that it does  not include all areas in                                                                   
     Alaska.  All it includes is  the insured market.  So, it                                                                   
     really   wouldn't   include  the   ERISA   plans.     My                                                                   
     understanding  is it wouldn't  include state  employees.                                                                   
     It wouldn't include  the Native network.   So, there are                                                                   
     some areas that  I think, if Alaska is going  to look at                                                                   
     doing  something  in  the  area  of  Patients'  Bill  of                                                                   
     Rights, that they  need to make sure that  they cover as                                                                   
     many individuals  in Alaska  as possible. ...  They have                                                                   
     to look at  who's really being covered by  this piece of                                                                   
     legislation.                                                                                                               
                                                                                                                                
CHAIRMAN  ROKEBERG asked  Mr. McRae  what he estimates  to  be the                                                              
cost  of the  utilization  review  appeal  process that  is  being                                                              
implemented in March.                                                                                                           
                                                                                                                                
Number 2383                                                                                                                     
                                                                                                                                
MR. MCRAE  said that  was an  excellent question,  but he  did not                                                              
have any figures in front of him.                                                                                               
                                                                                                                                
CHAIRMAN  ROKEBERG asked Mr.  McRae to  get back  to him  with the                                                              
figures.                                                                                                                        
                                                                                                                                
MR. MCRAE indicated it would cost  $600 per review done.  The cost                                                              
would be borne  by Blue Cross/Blue Shield of Alaska  and would not                                                              
be a subscriber cost.                                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG  wondered what  the incidence of  actual appeals                                                              
would be that would reach that point.                                                                                           
                                                                                                                                
MR. MCRAE said he would find out that information.                                                                              
                                                                                                                                
Number 2410                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG pointed out that  last year the committee passed                                                              
legislation requiring  accountability and reporting  of the health                                                              
insurance  in  the state,  to  try  and  determine the  number  of                                                              
covered  lives  that  are in  non-ERISA  substitute  mandates  and                                                              
ERISA-type  plans, and to  determine the  number of uninsureds  in                                                              
the state.   He said he was  meeting tomorrow with  the Department                                                              
of Health and Social Services and  the Department of Community and                                                              
Economic  Development  regarding those  numbers.    He noted  that                                                              
these numbers are  being pulled together so that  people in Alaska                                                              
can understand what can happen and  who is affected.  He asked Mr.                                                              
McRae to explain the distinction  between an ERISA plan and a non-                                                              
ERISA plan.  He offered his impression  that there are limitations                                                              
with the federal law.                                                                                                           
                                                                                                                                
MR. MCRAE said it  would be hard to explain.   There are different                                                              
portions of  both the [federal] Senate  and House bills.   Some of                                                              
the portions will only cover ERISA,  and other portions will cover                                                              
all  insured  products.   The  external  appeal procedure  in  the                                                              
[federal]  House bill  covers  all insured  products.   There  are                                                              
other portions in the [federal] Senate  bill that do not cover all                                                              
insured products.  Under Version  H [of HB 211], he stated that 60                                                              
percent of the market would not be  covered, along with the cities                                                              
and boroughs.                                                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG  surmised that  the actual percentage  right now                                                              
is  about 25  percent.   He wondered  if  the federal  legislation                                                              
would cover self-insureds.                                                                                                      
                                                                                                                                
MR. MCRAE replied yes.                                                                                                          
                                                                                                                                
TAPE 00-12, SIDE B                                                                                                              
Number 0048                                                                                                                     
                                                                                                                                
JEROME SELBY,  Providence Health  Systems of Alaska,  came forward                                                              
to testify on HB 211, Version H.  He stated:                                                                                    
                                                                                                                                
     We have some concerns about  this bill.  Let me speak to                                                                   
     them  first of  all as  an employer  of  close to  3,000                                                                   
     people,  because it  really gets  at the  cost issue,  I                                                                   
     think,  because,   again,  we've  heard  all   sorts  of                                                                   
     numbers,  too, about  ... what this  does to  insurance.                                                                   
     And  we  struggle  with covering  3,000  employees  with                                                                   
     health  insurance benefits,  not unlike  a lot of  other                                                                   
     people in  the state, because, as  we all know, it  is a                                                                   
     serious cost for any employer  in the state of Alaska as                                                                   
     well as in the United States.                                                                                              
                                                                                                                                
     So,  the cost issue  is a  very important  issue.   Now,                                                                   
     it's  important to  us for  a couple  of other  reasons.                                                                   
     First of  all, we are  also very concerned,  then, about                                                                   
     the number  of people of uninsured  people.  And  if, in                                                                   
     fact,  this bill creates  a retrenchment,  if you  will,                                                                   
     and  more  people  becoming  uninsured,  that's  a  very                                                                   
     serious  impact on  us financially  as an  organization,                                                                   
     because that number is growing for us.                                                                                     
                                                                                                                                
     In the  last three years, I  believe it is, our  red ink                                                                   
     that we (indisc.) has gone up  from about $12 million to                                                                   
     $25 million a year that we're  writing off for uninsured                                                                   
     and uncollectible  kinds of care.  That's  a fairly heft                                                                   
     jump in just a three-year time  period, and, needless to                                                                   
     say,  it's  gotten  our  attention   and  we  were  very                                                                   
     (indisc.).  Let's make sure  that this bill doesn't have                                                                   
     an  adverse effect  on all of  us that  is not  intended                                                                   
     here  and   resulting  in  even  more   people  becoming                                                                   
     uninsured in Alaska.                                                                                                       
                                                                                                                                
CHAIRMAN ROKEBERG interjected to say the bill will not move if                                                                  
that occurs.                                                                                                                    
                                                                                                                                
MR. SELBY continued:                                                                                                            
                                                                                                                                
     But  we just want  you to  know that  we have a  concern                                                                   
     there,  and so,  please, let's  look  very carefully  at                                                                   
     this.   Then  the third  thing,  of course,  is that  we                                                                   
     don't  want to become  part of  the problem, because  if                                                                   
     those  things continue  to  escalate  for us,  obviously                                                                   
     we've got  to get that money  from somewhere.  And  as a                                                                   
     health care  provider, ultimately, where we're  going to                                                                   
     go  get it  is from  our charges  out to  folks who  are                                                                   
     seeking health  care.  We don't want to do  that, and we                                                                   
     don't want that to be an unintended  result of trying to                                                                   
     do something here that we all  can support and laud, and                                                                   
     that's  patients' rights,  obviously.   Nobody in  their                                                                   
     right  mind is  going  to be  opposed  to  trying to  do                                                                   
     something  positive  about making  sure  that  patients'                                                                   
     rights are  protected and treated as  they appropriately                                                                   
     should be, but let's be careful  that we don't have some                                                                   
     unintended side results here is our concern with it.                                                                       
                                                                                                                                
     Now,  with regard  to the  bill itself,  we've got  some                                                                   
     specifics.   I'll just  tick through  a couple of  these                                                                   
     quickly, Mr.  Chairman, just so that you  folks can take                                                                   
     a look  at them.   First of all, on  page 2, line  7, we                                                                   
     feel you need  to put some definition on  the failure to                                                                   
     provide   that's  listed there  kind  of casually  about                                                                   
     what that  really means,  because as  we all know,  that                                                                   
     can  lead   to  a  lot  of  litigation,   and  different                                                                   
     attorneys are going to have  a lot of different opinions                                                                   
     about  what a  failure to  provide means,  and it's  not                                                                   
     included in the definitions....                                                                                            
                                                                                                                                
     It  would  seem   that  there's  a  little   bit  of  an                                                                   
     inconsistency  on the bottom  of page 2  and the  top of                                                                   
     page  3  on line  3,  where  a prospective  and  current                                                                   
     review  of a proposed  medical treatment  is defined  in                                                                   
     this bill as  a treatment decision.  And  we think there                                                                   
     is  a little  inconsistency  that a  proposed  treatment                                                                   
     where nothing's been done yet  is defined as a treatment                                                                   
     decision.  Again,  we think that there may  be some real                                                                   
     issues, that that needs to be looked at.                                                                                   
                                                                                                                                
     Further down  on page 3, on  item 4, line 18,  this rate                                                                   
     thing I  think we need  to take a  look at, in  terms of                                                                   
     what  you're   doing  here,   requiring  that   all  the                                                                   
     compensation rates  each provider be clearly  stated; we                                                                   
     don't  know what  that means  in  terms of  some of  the                                                                   
     federal  anti-trust  laws  and  the  potential  of  some                                                                   
     information  that you  could lead  to collusion  charges                                                                   
     and all that  kind of stuff.  And, again,  that's not my                                                                   
     area  of expertise,  but when  you  start talking  about                                                                   
     putting  all these things  out there, we  do need  to be                                                                   
     aware  that federal  anti-trust laws  really are  fairly                                                                   
     stringent  on  some  of  these  thing,  and  just  would                                                                   
     suggest that that be reviewed  before it be completed in                                                                   
     the bill.                                                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG asked whether Mr. Shelby suggests that the                                                                    
federal government would prohibit the posting of an actual price                                                                
to the consumer so he/she knew what was being paid for .                                                                        
                                                                                                                                
MR.  SELBY  indicated that  would  not  be inconsistent  with  the                                                              
federal government.   He said that  needs to be clarified  so that                                                              
the bill  doesn't run  into problems  with the federal  government                                                              
right off the bat.  He stated:                                                                                                  
                                                                                                                                
     On page 5,  line 25, we just suggest  some clarification                                                                   
     on item 3, there, where copayment  requirements that are                                                                   
     uniform   between  different   types   of  health   care                                                                   
     providers --  I'm not sure  what that means  myself, Mr.                                                                   
     Chairman,  because on the  one hand  I don't think  it's                                                                   
     good  business if,  in fact, you're  saying that  you're                                                                   
     going  to  lump  primary care  and  specialty  care  and                                                                   
     everything  together   so  there's  one   uniform  rate.                                                                   
     Because  I don't  think one  size  necessarily fits  all                                                                   
     care.                                                                                                                      
                                                                                                                                
     What  that normally  has done  -  and I'd  defer to  the                                                                   
     insurance  folks [Division of  Insurance, Department  of                                                                   
     Community  and Economic  Development]  and  some of  the                                                                   
     other folks  that know a lot  more about that -  ... but                                                                   
     normally I'd think you'd ...  compare primary care stuff                                                                   
     and  then specialty  care stuff and  not necessarily  be                                                                   
     trying to  make one size fit  all, because I  think that                                                                   
     runs into some problems with that.                                                                                         
                                                                                                                                
     At the bottom of page 5, there  on line 27, item 4, this                                                                   
     one is  fairly troubling  for me  for Alaska because  it                                                                   
     appears  that if you  can't provide  the covered  health                                                                   
     care service  in the community,  I would assume  that it                                                                   
     implies you're  not going to provide the  coverage.  And                                                                   
     that troubles me  because -- let me take a  case of very                                                                   
     bad burn victims:   we don't have a capacity  in Alaska,                                                                   
     really, treating those folks,  and we basically fly them                                                                   
     all out  of state.  I  don't think your intention  here,                                                                   
     Mr. Chairman, was that bad burns (indisc.).                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG said that was not the intention.                                                                              
                                                                                                                                
MR. SELBY further stated:                                                                                                       
                                                                                                                                
     So, I think just to be careful  about how this is stated                                                                   
     because I  think ...  what we don't  want to do  is have                                                                   
     some  important coverages,  some  of which  can be  very                                                                   
     expensive,  such as  burns, dropped  out of  all of  our                                                                   
     insurance plans  in Alaska because of,  again, something                                                                   
     that was  well intended,  but when we  look at how  it's                                                                   
     applied, we don't  want to, in fact, lose  that coverage                                                                   
     for the people in Alaska.                                                                                                  
                                                                                                                                
     Again,  on page  6, line 24,  item 9,  a provision  that                                                                   
     describes  the covered  service area  -- and we  weren't                                                                   
     sure what the purpose of having  to describe the covered                                                                   
     service  area, because  in Alaska,  as we  all know,  it                                                                   
     kind of  is, in  many cases,  a statewide service  area,                                                                   
     depending  on a  particular  specialty; and  so I'm  not                                                                   
     sure  if we really  want to  say you  have to define  --                                                                   
     which  would tend  to exclude people,  not include  them                                                                   
     because, again,  Mr. Chairman, I'm reading  this bill on                                                                   
     the intention  that you want  to be inclusive  of folks,                                                                   
     not  excluding folks  out,  and so  this  one may  have,                                                                   
     again,  a reverse  result from  what we're  after if  we                                                                   
     aren't careful about what we're  doing with it...I think                                                                   
     the big issue  is the cost issue for most of  us and for                                                                   
     the health care system here in Alaska.                                                                                     
                                                                                                                                
Number 0367                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  said he appreciated Mr. Selby's  testimony.  He                                                              
would  appreciate   Providence's  input   on  the  bill   and  any                                                              
suggestions.    He asked  if  Providence  has  an opinion  on  the                                                              
emergency room provisions  with respect to the  layman standard of                                                              
care issue.                                                                                                                     
                                                                                                                                
MR.  SELBY informed  the committee  that it  is not  an issue  for                                                              
Providence.                                                                                                                     
                                                                                                                                
RICHARD BLOCK, Christian Science  Committee on Publication for the                                                              
State  of Alaska,  testified via  teleconference from  California.                                                              
He had been asked  by the Christian Science churches  in Alaska to                                                              
keep  an eye  on  the environment  in which  Christian  Scientists                                                              
practice their religion,  which includes a reliance  on prayer for                                                              
healing.  He commented:                                                                                                         
                                                                                                                                
     The reason that  we are interested in this  bill is that                                                                   
     historically  Christian Scientists,  of  course, do  not                                                                   
     utilize  physicians, generally  speaking, or  hospitals.                                                                   
     And  it's put them  in kind  of an  usual position  when                                                                   
     they  are  an employee  at  a  company that  provides  a                                                                   
     health  care  benefit  plan,  oftentimes in  lieu  of  a                                                                   
     certain portion  of their salary,  maybe, and  where the                                                                   
     Christian   Scientist  is  not   really  able   to  take                                                                   
     advantage of  that health care  plan because  they don't                                                                   
     utilize its  benefits.  And typically what  has happened                                                                   
     in  the past,  particularly  under indemnity  plans,  is                                                                   
     that  the  health  insurer  has  willingly  allowed  the                                                                   
     Christian  Scientists to receive  a benefit for  payment                                                                   
     of  a  Christian Science  practitioner,  whereas  others                                                                   
     would be indemnified for their  physicians' costs and to                                                                   
     indemnify   Christian  Scientist,  who   may  go   to  a                                                                   
     Christian Science  nursing facility, where  others would                                                                   
     be indemnified  for others costs  at a hospital.   There                                                                   
     hasn't been  a great deal of  problem with that,  and no                                                                   
     need  for legislative  recognition of  it, because  it's                                                                   
     been a  matter of contract  and accommodation  in comity                                                                   
     with the employer [and] with the health insurer.                                                                           
                                                                                                                                
Number 0522                                                                                                                     
                                                                                                                                
     But as  was mentioned,  I believe by  Mr. Jordan  in his                                                                   
     testimony, there  has been in  the last several  years a                                                                   
     fee change in  the way in which health care  is provided                                                                   
     and the cost  thereof is paid -- to situations  -- there                                                                   
     is  a   rather  complex   regime  established   or  even                                                                   
     determining entitlement to benefits  including requiring                                                                   
     a  physical  examination,  ongoing   monitoring  by  the                                                                   
     health care  provider, and a  whole lot of  other things                                                                   
     that  are very  different in  this  managed care  regime                                                                   
     than it  was under the  older system, where  the payment                                                                   
     was simply indemnified and the benefits provided.                                                                          
                                                                                                                                
     What HB 211  is doing is introducing a new  chapter into                                                                   
     the  insurance code  that begins to  outline, with  some                                                                   
     specificity,   how  a  managed   care  plan  is   to  be                                                                   
     structured,  what  the  language   in  the  contract  is                                                                   
     supposed to look like, and providing,  as it seems to be                                                                   
     the essence  of this, a  variety of protections  for ...                                                                   
     the person  who is  to be benefited  by the health  care                                                                   
     plan.                                                                                                                      
                                                                                                                                
     It is  our view that, if  there's going to be  this kind                                                                   
     of  specific   regulatory  regime  established   in  the                                                                   
     insurance code, what we would  like to do is to see that                                                                   
     there is language included that  at least recognizes the                                                                   
     permission of the health insurer,  the managed care plan                                                                   
     provider and  the other entities  that make up  this new                                                                   
     method  of  providing  the care,  that  allows  them  to                                                                   
     provide care  to those that  rely exclusively  on prayer                                                                   
     for healing  by recognizing  what we call the  religious                                                                   
     non-medical facility,  and recognizes that  because they                                                                   
     are  a  religious  approach, a  prayerful  approach,  to                                                                   
     healing and  a non-medical approach,  that a lot  of the                                                                   
     accouterments that  are part of the normal  managed care                                                                   
     plan  would be irrelevant  and not  really practical  to                                                                   
     include in the way that the benefit is provided.                                                                           
                                                                                                                                
     About a  week or so  ago, I sent  to your staff  person,                                                                   
     Janet  Seitz, a proposed  amendment  and a letter  going                                                                   
     into more detail  about how this would work  and what it                                                                   
     would do.  Janet informs me  that the proposed amendment                                                                   
     is  on the  desk of  the committee  members.   And I  am                                                                   
     really not  sure whether the  letter went with it.   The                                                                   
     letter kind  of, I think,  says everything that  I would                                                                   
     choose to say  and rather than take time  at this point,                                                                   
      I would all the letter to stand as my testimony. [The                                                                     
     letter may be found in the bill packet for HB 211.]                                                                        
                                                                                                                                
Number 0660                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG  indicated that  all the committee  members have                                                              
of copy of Mr. Block's letter and proposed amendment.                                                                           
                                                                                                                                
REPRESENTATIVE  HALCRO  asked,  "Does  this absolve  them  of  any                                                              
liability?"                                                                                                                     
                                                                                                                                
MR.  BLOCK said  his  amendment does  not speak  to  the issue  of                                                              
liability and,  therefore, there  would be  not an absolving  from                                                              
liability.                                                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG  recessed the hearing  on HB 211, Version  H, in                                                              
order to hear testimony on a different bill.                                                                                    
                                                                                                                                
HB 314-PROCUREMENT PREFS:PARTNERSHP/LTD LIAB CO                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG  announced the next  order of business  would be                                                              
HOUSE  BILL  NO. 314,  "An  Act clarifying  the  requirements  for                                                              
limited liability  companies and  partnerships to qualify  for the                                                              
Alaska  bidder's  and  disability   preferences  under  the  State                                                              
Procurement Code; and providing for an effective date."                                                                         
                                                                                                                                
Number 0823                                                                                                                     
                                                                                                                                
VERN  JONES,  Chief  Procurement   Officer,  Division  of  General                                                              
Services, Department  of Administration,  came forward  to testify                                                              
on HB 314.   He stated that  HB 314 clarifies the  Alaska bidder's                                                              
and  disability   preferences  section  of   procurement  statutes                                                              
regarding  limited  liability  partnerships   (LLPs)  and  limited                                                              
liability  companies (LLCs).   He  said the  procurement code  was                                                              
written in  1987 and became  effective in  1988.  This  was before                                                              
the inception of LLCs and LLPs, which  were allowed to organize in                                                              
the mid-1990s.   The preferences  section in the  procurement code                                                              
do not  reference LLPs  or LLCs.   HB  314 inserts language  which                                                              
specifically   mentions   these  types   of   businesses  in   the                                                              
preferences  sections   and  stipulates  the   qualifying  factors                                                              
required to receive  those preferences.  It is  believed that this                                                              
clarification   is   necessary  and   furthers   the   legislative                                                              
objectives  of  the procurement  code  by ensuring  that  bonafide                                                              
Alaskan  businesses do  receive preferences  that are  set out  in                                                              
statute.                                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG  asked, "Mr. Jones, there's  nothing substantive                                                              
here  other  than  adding  the  LLC and  LLP  concept?    Is  that                                                              
correct?"                                                                                                                       
                                                                                                                                
MR. JONES replied, "Exactly."                                                                                                   
                                                                                                                                
Number 0897                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO pointed out  that he does not have a problem                                                              
with the intent  of HB 314.   He referred to Section  1, paragraph                                                              
3, which reads:                                                                                                                 
                                                                                                                                
     ["Alaska bidder"  means a person  who] has maintained  a                                                                   
     place  of  business  within  the state  staffed  by  the                                                                   
     bidder or an employee of the  bidder for a period of six                                                                   
     months immediately preceding the date of the bid.                                                                          
                                                                                                                                
He  said  there  are  national  companies   who  place  one  sales                                                              
representative  in an  office somewhere  and  who receives  Alaska                                                              
preference  when  the  majority  of the  work  is  done  somewhere                                                              
outside of the  state.  It is  his opinion that there has  to be a                                                              
way to factor in  more of an Alaska bidder preference.   He thinks                                                              
many Alaskan businesses are losing out.                                                                                         
                                                                                                                                
MR. JONES  said that complaint has  been heard before.   When bids                                                              
are received  from businesses  that are  questioned, the  division                                                              
does extensive research on these  businesses.  The businesses have                                                              
to have operated  in the state for six months,  which is different                                                              
than having a post office box, a  phone or a fax machine.  Several                                                              
vendors  have   been  disqualified   for  trying  to   claim  that                                                              
preference by having office space  but not operating a business in                                                              
that space.  He has yet to hear a  better definition of an Alaskan                                                              
business.   He  thinks  the notion  of  lengthening  the time  for                                                              
operating  a  business  in  Alaska   could  be  entertained.    He                                                              
cautioned it  needs to be  recognized that the  qualifying factors                                                              
which  currently  exist sometimes  disqualify  bonafide  Alaskans.                                                              
For this reason,  the division is very careful  about changing the                                                              
length of time.                                                                                                                 
                                                                                                                                
REPRESENTATIVE HALCRO wondered about  the possibility of mandating                                                              
that a certain  percentage of the work or product  be completed in                                                              
Alaska.                                                                                                                         
                                                                                                                                
MR. JONES  said the  makes sense  in concept.   The difficulty  of                                                              
that idea  comes into  play with  the analysis  required each  and                                                              
every  time quotes  are  received, even  on  a small  procurement,                                                              
because  the  bidder  preferences  are  applied  by  policy.    He                                                              
commented:                                                                                                                      
                                                                                                                                
     What  we try  and do  is make  this fairly  bulletproof,                                                                   
     black-and-white decision  for procurement folks  to make                                                                   
     out  there.     The  way   our  procurement   system  is                                                                   
     distributed, or rather decentralized,  a lot of times we                                                                   
     have  state   employees  conducting  procurements   that                                                                   
     aren't  necessarily  experts  in procurement.    They're                                                                   
     doing  this as  something off  to the  side, aside  from                                                                   
     their  regular  duties,  because  of  the  decentralized                                                                   
     nature we  have a very  small central procurement  staff                                                                   
     in general services.   And we try and make  these things                                                                   
     as simple  as possible.   It's  a six  month rule.   You                                                                   
     qualify  or you  don't.   Something along  the lines  of                                                                   
     what    you   suggested    would    complicate    things                                                                   
     substantially  which goes against  the trend that  we're                                                                   
     trying to develop or maintain.   But it is worth looking                                                                   
     at, I suppose.                                                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG asked Representative Halcro what he suggested.                                                                
                                                                                                                                
Number 1153                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO responded:                                                                                                
                                                                                                                                
     Well,  here's the situation.   I  have a constituent  of                                                                   
     mine  who owns  a printshop,  and he  regularly bids  on                                                                   
     state business  through competitive bid process.   Well,                                                                   
     he  has a  competitor that  prints basically  everything                                                                   
     out of  state.  He has  one sales rep[resentative].   He                                                                   
     gets  the  Alaska bidder's  preference  so  he gets  the                                                                   
     work,  sends it  to  Salt Lake  City,  it's printed  and                                                                   
     comes back  to the state.   Meanwhile, this guy  has all                                                                   
     the equipment  and all the  employees and doesn't  get a                                                                   
     lion's share of the work.                                                                                                  
                                                                                                                                
     Furthermore,  there's been several  cases.  As  a matter                                                                   
     of  fact, he  had an  administrative  hearing last  year                                                                   
     that  he appealed  where you have  some procurement;  As                                                                   
     Mr. Jones says  it's kind of a decentralized  process so                                                                   
     you have people  that don't normally do  the procurement                                                                   
     doing  the  procurement.   And  there have  been  proven                                                                   
     times where  certain friendships or relationships  exist                                                                   
     where,  you know,  the Alaska  bidder preference  really                                                                   
     isn't, it's  not fairly applied.   I mean I  would think                                                                   
     that Alaska  bidder preference  means that it's  printed                                                                   
     or  built or whatever  the case  may be  in Alaska  with                                                                   
     Alaskan employees  not just   one sales rep who  then in                                                                   
     turn forwards the PO [purchase  order] to Salt Lake City                                                                   
     or Denver.                                                                                                                 
                                                                                                                                
CHAIRMAN  ROKEBERG asked  Representative Halcro  if he would  like                                                              
the bill to go to a subcommittee.                                                                                               
                                                                                                                                
REPRESENTATIVE HALCRO responded that he would prefer that.                                                                      
                                                                                                                                
MR. JONES pointed  out that there are a number of  issues that his                                                              
division  has   long  been  concerned   with  the   Alaska  bidder                                                              
preference.   The foremost  concern is that  it would  cost Alaska                                                              
more money.  He explained:                                                                                                      
                                                                                                                                
     We   have  some   situations,  for   example,  we   have                                                                   
     microcomputer contracts which  are large contracts, very                                                                   
     big  numbers of expenditures.   We  have Alaskan  firms.                                                                   
     By virtue of  them having an office in Alaska  who get a                                                                   
     markup, only  by virtue of  this preference,  they never                                                                   
     see the computers  that we buy from them.   We place our                                                                   
     order.  They call  down South.   They  relay the  order.                                                                   
     They  collect   the  money.     They  skim   the  bidder                                                                   
     preference  off the  top.   You  or I  as an  individual                                                                   
     could  call any  of  these companies  direct  and get  a                                                                   
     better price  on certain brand computers than  we as the                                                                   
     state  can because  of  this preference.    So, I'm  not                                                                   
     defending the  preference.  I'm just saying  there are a                                                                   
     lot of different  issues that if we're going  to look at                                                                   
     this we may want to consider  some of those other issues                                                                   
     as well.   I don't have  a solution for that  particular                                                                   
     one, but we might be able to write up something.                                                                           
                                                                                                                                
CHAIRMAN  ROKEBERG appointed  a subcommittee  on HB  314 with  the                                                              
following   members:      Representative    Halcro,   Chair;   and                                                              
Representatives Harris and Cissna.  [HB 314 was held over.]                                                                     
                                                                                                                                
HB 211-MANAGED HEALTH CARE INSURANCE                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG resumed the hearing  on HB 211, Version H, which                                                              
had begun earlier in the meeting.                                                                                               
                                                                                                                                
JOE  KENNEDY,  Physical  Therapist  for  Dr.  John  Bursell,  came                                                              
forward to testify on HB 211, Version H.  He stated:                                                                            
                                                                                                                                
     I'm  here  to  do my  best  to  represent  the  American                                                                   
     Physical  Therapy  Association  as  well  as  the  state                                                                   
     chapter  of the American  Physical Therapy  Association.                                                                   
     And you'll  have to excuse me,  I kind of  got nominated                                                                   
     for this  kind of  late.  I've  looked through the  most                                                                   
     current  working draft.   I'm not  really familiar  with                                                                   
     all  of the legislation  to  this point.   What I  would                                                                   
     like to do  is to thank you Representative  Rokeberg for                                                                   
     sponsoring  this bill and  also for  adding back in  the                                                                   
     peer  review process.   I  guess  at one  time that  was                                                                   
     considered to be  taken out and has been  added back in,                                                                   
     is my understanding.                                                                                                       
                                                                                                                                
Number 1411                                                                                                                     
                                                                                                                                
     The other  thing I'd  like to do  is point out  that the                                                                   
     Alaska   chapter  of  the   American  Physical   Therapy                                                                   
     Association [APTA] has established  four guidelines that                                                                   
     they  are  trying  to  promote  around  the  country  in                                                                   
     different state  bills as far as the structure  of bills                                                                   
     such  as patient  right  bills; one  of  them being  the                                                                   
     point  of service  and the  non-network  option in  this                                                                   
     bill definitely  does satisfy  what APTA is  looking at.                                                                   
     The gag rule elimination is  another thing that the APTA                                                                   
     supports as well as accountability  and promotion of the                                                                   
     advocacy of  the treating health  care provider.   Those                                                                   
     four concepts  are well established  in HB 211.   And we                                                                   
     would like to support that.                                                                                                
                                                                                                                                
     One thing I  would like to add is that on  page 15, line                                                                   
     10, the  section involving  preventative treatments,  is                                                                   
     very  forward  thinking,  and  I'd  like  to  thank  the                                                                   
     committee   for  taking  on   any  bill  that   promotes                                                                   
     preventative   treatment;  especially   as  a   physical                                                                   
     therapist, you  see that a lot with patients  who really                                                                   
     need to  have that  as part of  their health care  plan.                                                                   
     It's very important.                                                                                                       
                                                                                                                                
     I did come  up with some concerns.  On page  8, line 26,                                                                   
     the $25  filing fee for  external review:   although the                                                                   
     amount is very small and refundable,  it may still serve                                                                   
     as  a  barrier  for  some  folks  even  if  they're  not                                                                   
     considered indigenous  as stated  in the bill.   And I'd                                                                   
     like to see  all barriers lifted that would  keep people                                                                   
     from  being able  to  appeal,  or make  an  appeal on  a                                                                   
     denied case.   I guess it can be argued  how significant                                                                   
     $25 is for a filing fee.                                                                                                   
                                                                                                                                
Number 1534                                                                                                                     
                                                                                                                                
     The  other question  I  have  is page  5,  line 15,  the                                                                   
     definition  of a  health care  provider.   And more  so,                                                                   
     there I have a question as far  as what exactly it means                                                                   
     for a  person  to be licensed in the state  of Alaska or                                                                   
     in  any other  state in  the  United States  - why  that                                                                   
     bears  significance where  that person  in licensed  and                                                                   
     why it's  not just dealing  with Alaska licensed  health                                                                   
     care  providers.   And the  other questions  I had  have                                                                   
     already been answered in previous testimony.                                                                               
                                                                                                                                
     Another  thing  I  would  like   to  see  the  committee                                                                   
     consider is to not allow in  these health care contracts                                                                   
     arbitrary  limits  on  either dollarwise  or  number  of                                                                   
     visits annually  for services such as  physical therapy,                                                                   
     occupational therapy, speech  therapy, what's considered                                                                   
     the allied health, because that  is the case in some PPO                                                                   
     and HMO  contracts I'm aware  of, and that's  often very                                                                   
     detrimental  to  the  quality of  patient  care  without                                                                   
     having  any significant  scientific  support for  having                                                                   
     such  limits.   But that  should be  between the  health                                                                   
     care provider, be it the allied  health practitioner and                                                                   
     the referring  physician, I think should have  more of a                                                                   
     bearing  on  limits  and  what  is  medically  necessary                                                                   
     versus what is written in a contract.                                                                                      
                                                                                                                                
Number 1628                                                                                                                     
                                                                                                                                
     Something I  would like to  respond to, a  question that                                                                   
     Representative Halcro mentioned  earlier about, and it's                                                                   
     been  brought  up  many  times,  cost  drivers  and  the                                                                   
     effects that this might have.   As a provider myself and                                                                   
     an  employee   of  a  small  practice  and   also  being                                                                   
     relatively new  to the state, I'd just like  to say that                                                                   
     if  a health  care  provider feels  that  they can  work                                                                   
     outside  of the restrictions  of some  of these  managed                                                                   
     care  contracts,  then  they can  provide  high  quality                                                                   
     care,  that   that  could   attract  more  health   care                                                                   
     providers to the state, thus  increasing the competition                                                                   
     that  you mentioned  earlier, helping  to overall  lower                                                                   
     the costs of  providing care if one feels  that they can                                                                   
     work in the  state without arbitrary restrictions.   And                                                                   
     that really concludes my testimony.                                                                                        
                                                                                                                                
REPRESENTATIVE HALCRO asked how long Mr. Kennedy has been in                                                                    
Alaska.                                                                                                                         
                                                                                                                                
MR. KENNEDY said he has been in Juneau, Alaska, for 18 months.                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG asked  if he came from an area  that had managed                                                              
care and HMOs.                                                                                                                  
                                                                                                                                
MR. KENNEDY explained that he was  trained in Nebraska, one of the                                                              
highest managed  care states.   He lived  and worked in  Texas for                                                              
one year,  where there was  also highly managed  care.  He  said a                                                              
high  majority   of  his  patients  are  covered   under  workers'                                                              
compensation  insurance.   He  also  has a  fair  number of  self-                                                              
insured patients as  well as people who are just  on a Blue Cross-                                                              
type plan.                                                                                                                      
                                                                                                                                
Number 1799                                                                                                                     
                                                                                                                                
BOB  LOHR,   Director,  Division   of  Insurance,  Department   of                                                              
Community  and Economic  Development, came  to forward to  explain                                                              
the fiscal note for HB 211, Version H.  He stated:                                                                              
                                                                                                                                
     The bill  makes multiple  references to regulations  the                                                                   
     director  is  required  to   develop  to  implement  the                                                                   
     Patient  Bill   of  Rights  and  those   are  specified.                                                                   
     They're set out in the text  at the bottom of the fiscal                                                                   
     note,  so   I  won't  repeat  that  unless   you'd  like                                                                   
     (indisc.-coughing),   but  basically   there's   various                                                                   
     provisions that require or authorize  regulations by the                                                                   
     division.   And it is  our view that establishing  these                                                                   
     regs will  be complex and  controversial.  For  example,                                                                   
     the   requirement    to   do   regulations    concerning                                                                   
     confidentiality, actually to  development the provisions                                                                   
     for authorized access to otherwise  confidential patient                                                                   
     information to make the system  work.  That's one of the                                                                   
     requirements.                                                                                                              
                                                                                                                                
     We  found that  the  federal government,  Congress,  was                                                                   
     unable with  a three-year time  line to develop  its own                                                                   
     bill  dealing   with  this  subject,  and   instead  the                                                                   
     Administration  came  in  and   proposed  600  pages  of                                                                   
     regulations  that  deal  with  only a  portion  of  that                                                                   
     assignment.  I'm by no means  suggesting that that's any                                                                   
     sort of mark to attempt to imitate,  but it is a complex                                                                   
     area.                                                                                                                      
                                                                                                                                
     We know  this also because under the  Gramm-Leach-Bliley                                                                   
     Act,  the financial  services modernization  legislation                                                                   
     last November,  has a requirement that  federal agencies                                                                   
     develop privacy  regulations by May 12.   And those have                                                                   
     just  been promulgated  in draft form  for comment,  and                                                                   
     states also  will have responsibility in that  area, but                                                                   
     this is  by no means a  slam-dunk set of regs  where you                                                                   
     simply go and  find a model and adopt them.   I think it                                                                   
     would involve  extensive public  comment much along  the                                                                   
     lines  of  what  you're  seeing on  the  merits  of  the                                                                   
     (indisc.) itself.                                                                                                          
                                                                                                                                
     That's one example.  I won't  go into each one with that                                                                   
     same  degree of  specificity.   But,  bottom line,  what                                                                   
     we're ... requesting is a paralegal,  range 16 position,                                                                   
     to be  a regulations specialist  for the division,  [to]                                                                   
     develop the draft regulations  that are needed, to draft                                                                   
     the  language,  and  to  conduct   the  public  hearings                                                                   
     necessary under the Administrative [Procedure] Act.                                                                        
                                                                                                                                
     We  recognize  that once  those  regs are  adopted,  the                                                                   
     ongoing   responsibility  of   the  division  is   quite                                                                   
     limited.   It would  deal primarily with  certifications                                                                   
     and  recertifications  of  these  independent  appellate                                                                   
     tribunals.  But  there's quite a bit of  detail required                                                                   
     in that  exercise, also,  to do  the audit sampling,  to                                                                   
     determine  their fairness,  their  lack of  bias and  so                                                                   
     forth.    Those provisions  will  require  some  ongoing                                                                   
     responsibility by the division,  which we believe we can                                                                   
     absorb.   And so the ...  salient thing is the  range 16                                                                   
     paralegal specialist for two  years, and then phased out                                                                   
     halfway  in  the year,  three  part-time  positions  and                                                                   
     finally going to zero in year four.                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG  asked Mr. Lohr to  look over the bill  and give                                                              
the committee  a heads-up where costs  might be reduced  by taking                                                              
the regulatory  component out of the  loop.  He said he  would not                                                              
like to  give up the confidentiality  provisions.  He  referred to                                                              
the external appeals situation and  asked if that burden could not                                                              
have been placed in statute so that  provider are required to have                                                              
that form of appeal.                                                                                                            
                                                                                                                                
MR. LOHR indicated  that would be one approach.   Another approach                                                              
that  has  been  considered  is   the  possibility  of  using  the                                                              
procurement  process to  get  some of  the  requirements that  are                                                              
specified.  He said:                                                                                                            
                                                                                                                                
     For example, finding a contractor  without a conflict of                                                                   
     interest  or a bias  is a quite  typical requirement  of                                                                   
     many  RFPs [Request  for Proposals],  and we could  also                                                                   
     consider these  in that process  to make sure  that they                                                                   
     have adequate  staff capability  to meet the  timeliness                                                                   
     requirements of the independent reviews.                                                                                   
                                                                                                                                
     So,  we  will  explore  options  like  that  to  try  to                                                                   
     recommend ways  to bring the  costs down of  doing this.                                                                   
     I don't  know if  it's going  to be  possible to get  to                                                                   
     zero because  some of  the places  where you talk  about                                                                   
     standards  in  here,  my  understanding  from  what  the                                                                   
     attorneys  tell  me, is  that  would  require us  to  do                                                                   
     regulations.   We can't  do it as  policy if it  affects                                                                   
     the public.                                                                                                                
                                                                                                                                
Number 2196                                                                                                                     
                                                                                                                                
REPRESENTATIVE   MURKOWSKI   wondered   if  passage   of   federal                                                              
legislation  would  provide  some parameters  or  guidelines,  and                                                              
would perhaps bring costs down somewhat.                                                                                        
                                                                                                                                
MR. LOHR said he  thinks that is a possibility.   If they followed                                                              
the lead  of federal  agencies in  this area,  they could  benefit                                                              
from  their  drafting  and pick  up  where  they  start.   In  his                                                              
experience  in these  areas,  there are  still  too many  unfunded                                                              
federal  mandates out  there.  This  would likely  be another  one                                                              
where states  would not  be funded to  do the kind  of regulations                                                              
that might be required to avoid federal preemption.                                                                             
                                                                                                                                
TAPE 00-13, SIDE A                                                                                                              
Number 0006                                                                                                                     
                                                                                                                                
JIM JORDAN, Executive Director, Alaska  State Medical Association,                                                              
came forward to testify on HB 211,  Version H.  He stated that one                                                              
of  the major  differences between  the version  of the  Patients'                                                              
Bill  of  Rights  that  the U.S.  House  passed  versus  the  U.S.                                                              
Senate's version,  has to do  with impact on  what is in  place in                                                              
the various  states.   This is because  there was some  discussion                                                              
about having  to duplicate  systems.  The  U.S. House  version [HR
2990] does not  provide for preemption of what  the various states                                                              
do.     He  does  not  know   that  there  would   necessarily  be                                                              
duplication,  but  it  would  provide  a floor  level  of  patient                                                              
protection  that  the states  could  build  above, and  would  not                                                              
remove those that  some of the other states have  already enacted.                                                              
He believes the  U.S. Senate version does do some  preemption.  He                                                              
further commented:                                                                                                              
                                                                                                                                
     There  was some  question as  to  applicability of  this                                                                   
     particular bill  to ERISA plans versus  non-ERISA plans,                                                                   
     if I  may use  that simplistic  distinction.  This  bill                                                                   
     might apply to ERISA plans.   I say "might" because what                                                                   
     has happened  is that ERISA plans have  essentially been                                                                   
     preempted  from being  regulated by  the various  states                                                                   
     under ERISA.                                                                                                               
                                                                                                                                
     However, what has occurred in  the last several years is                                                                   
     that  preemption has  been  found to  be  less and  less                                                                   
     certain.   And  I  am greatly  simplifying  this.   This                                                                   
     involves some very complex legal  arguments that are way                                                                   
     beyond  me.   But, to  put it  simplistically, what  the                                                                   
     federal  courts have been  finding is that  increasingly                                                                   
     the  states have  been allowed  to  regulate aspects  of                                                                   
     ERISA health  and welfare plans  that deal with  quality                                                                   
     of care.   They are maintaining the ERISA  preemption of                                                                   
     state regulations for those  aspects of ERISA health and                                                                   
     welfare   plans   that  deal   with   quantity  or   the                                                                   
     administration  of  those plans.   So,  it  may be  that                                                                   
     there  are further impacts  of this  bill than just  the                                                                   
     non-ERISA plans,  ... but this  is a very  complex issue                                                                   
     and it's a moving target.                                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG stated:                                                                                                       
                                                                                                                                
     Frankly,  the Alaska State  Medical Association  and its                                                                   
     supporters  are going to have  to justify the  point-of-                                                                   
     service  ... option  provisions  of the  bill and  their                                                                   
     survivability  within  the legislation  as  to what  its                                                                   
     true  cost  impacts  are,  and  also  breaking  out  the                                                                   
     litigation  aspects  and  any other  cost  drivers  that                                                                   
     might presumed to be in the bill.                                                                                          
                                                                                                                                
     I think it's incumbent upon  you and your people to look                                                                   
     at  the legislation  in that  regard and  bring back  to                                                                   
     this committee  contra arguments  to some of  these cost                                                                   
     issues  because  I'm  not entirely  convinced....    The                                                                   
     charge  that  by providing  a  point of  service  option                                                                   
     within the  PPO type plan  with a closed panel  actually                                                                   
     drives  costs up....  Nobody has come  up with  anything                                                                   
     like  empirically  demonstrating that.    It's a  little                                                                   
     hard  for  me to  see  that.   With  what I  know  about                                                                   
     health,  on the face  of it, you'd  think it would,  but                                                                   
     when it's  given as an  option, when you underwrite  for                                                                   
     this,  requires,   the  way   it's  drafted,  that   the                                                                   
     insurance underwriter  be paid more  or less for  -- the                                                                   
     consumer  has to  make up  the  difference.... The  only                                                                   
     thing that  I think would come  into play would  be like                                                                   
     contractual  bargaining between  the  providers and  the                                                                   
     insurance underwriter when they're  putting together the                                                                   
     whole package for a particular  group and/or individuals                                                                   
     in  the case  of  Blue Cross  which  I think  does  sell                                                                   
     individually a PPO plan.                                                                                                   
                                                                                                                                
MR. JORDAN said he believes it also includes point of service.                                                                  
                                                                                                                                
CHAIRMAN  ROKEBERG added  that it  is ironic that  Blue Cross  and                                                              
Aetna have implemented an internal  review appeal process already.                                                              
He asked  Mr. Haugen  to provide  him with a  list of insurers  in                                                              
Alaska.                                                                                                                         
                                                                                                                                
MIKE  HAUGEN, Executive  Director, Alaska  Physicians &  Surgeons,                                                              
Incorporated, came  forward to testify  on HB 211, Version  H.  He                                                              
stated that  his organization  is currently  speaking with  ADMAR,                                                              
Principal  Life, First  Choice Health, First  Health, Blue  Cross,                                                              
Great Western, Aetna, GAIA (ph),  and Private Health Care Systems.                                                              
                                                                                                                                
CHAIRMAN ROKEBERG  wondered if Aetna  is writing  private coverage                                                              
in the Anchorage area.                                                                                                          
                                                                                                                                
Number 0535                                                                                                                     
                                                                                                                                
MR.  HAUGEN replied  that  his organization  has  not spoken  with                                                              
Aetna in about a year.  He said,  "But my predecessor, the one who                                                              
was actually talking to them, had."                                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG  stated, "You gave the committee  the impression                                                              
that these people weren't here.  Are they not in the state?"                                                                    
                                                                                                                                
MR. HAUGEN answered  that to a greater or lesser  extent they have                                                              
insured folks in  Alaska.  For example, ADMAR is  about to start a                                                              
fairly  extensive  marketing campaign  in  Alaska  to build  their                                                              
network  out.    There  are  several  others  who  would  love  to                                                              
penetrate the market in Fairbanks.                                                                                              
                                                                                                                                
CHAIRMAN  ROKEBERG asked  Mr.  Haugen to  clarify  whether or  not                                                              
ADMAR would is about to start marketing.                                                                                        
                                                                                                                                
Number 0621                                                                                                                     
                                                                                                                                
MR. HAUGEN  said he believes they  currently have a  contract with                                                              
Providence Hospital and are building their network in Alaska.                                                                   
                                                                                                                                
CHAIRMAN  ROKEBERG wondered  if it  would  be a  PPO style  closed                                                              
panel.                                                                                                                          
                                                                                                                                
MR. HAUGEN said  he was not sure  if it will be a closed  panel at                                                              
this point, but  they are working on building as  big of physician                                                              
network as possible.                                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG  asked, "As  an IPA that  you work with,  how do                                                              
they interrelate with the PPO plans?"                                                                                           
                                                                                                                                
MR.  HAUGEN  stated   that  his  organization  operates   under  a                                                              
messenger   model.     Because  all   of   their  physicians   are                                                              
independent, they  are prohibited by anti-trust  law from actually                                                              
negotiating on their behalf.  They  act as an intermediary between                                                              
the physicians  in the group and  the carriers.  Through  a series                                                              
of surveys  conducted, they gather  and aggregate the  opinions of                                                              
the  physicians   about  different   contract  provisions.     The                                                              
information  is given  to carriers  and the  carriers then  modify                                                              
their contracts  however they  want.  He  sends those back  to his                                                              
physicians and they  individually decide whether or  not they want                                                              
to  participate.   We're  trying,  with  some legislation  in  the                                                              
Senate,  to  allow  for  direct  negotiations,  but  it's  a  very                                                              
cumbersome  process  at this  point.    And, quite  frankly,  it's                                                              
really  stifling.  It's  really limited  the number  of other  new                                                              
carrier's ability to  come up here and to really  compete with the                                                              
established third-party  payers up here.  It's  difficult to build                                                              
a panel when you have to deal with this kind of process.                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG  said it  is astounding that  that can  be done.                                                              
He  asked, "Your  organization is  based  on what  a premises  and                                                              
other  operating cost  type efficiencies  you can  get by  working                                                              
together.... How do you exist and why?"                                                                                         
                                                                                                                                
Number 0756                                                                                                                     
                                                                                                                                
MR. HAUGEN answered  that it is possible because  his organization                                                              
is also  a purchaser of services.   They have contracts with group                                                              
purchasing organizations and can  provide substantial discounts to                                                              
their  doctors  for things  such  as pharmaceutical  supplies  and                                                              
medical supplies.   This is how they justify their  existence on a                                                              
cost  basis,  but  they  also  have  a  legislative  and  lobbying                                                              
component.    The  primary  service  is  to  provide  services  to                                                              
members.                                                                                                                        
                                                                                                                                
REPRESENTATIVE HALCRO stated:                                                                                                   
                                                                                                                                
     I  am incredibly  nervous when  we go,  especially in  a                                                                   
     state    where,  as  I  said,  86  percent  of  all  the                                                                   
     businesses  are   under  20  employees,  and   we  start                                                                   
     dictating  how  they can  buy  or procure  coverage  for                                                                   
     their employees or what kind  of coverage.  And my point                                                                   
     was that the  great HMO debate, and the  complaints have                                                                   
     been around  seven, eight  years, and  in the same  time                                                                   
     where people  have been crying for changes  in the Lower                                                                   
     48,  if you will,  due to  HMO and  managed care,  we've                                                                   
     seen   a  significant   increase   in   the  number   of                                                                   
     physicians.                                                                                                                
                                                                                                                                
     These  folks  like  Mr. Kennedy  who  testified  earlier                                                                   
     who've  just been  here 18  months  obviously must  have                                                                   
     seen  a good  environment  to open  a  practice, a  good                                                                   
     place  to do business,  and  so now we  have the  market                                                                   
     saturated, if you will, if you  can call it that, but we                                                                   
     have a  significant increase  in the number  physicians.                                                                   
     And now we're,  I don't want to get into  a situation if                                                                   
     this  is in  fact where  it  is, where  we're trying  to                                                                   
     break  down existing  walls  because there  are so  many                                                                   
     physicians  out there  and they  take,  maybe they  have                                                                   
     issues with  the fact that certain people  can negotiate                                                                   
     PPOs or certain  coverages.  The bottom line  is I don't                                                                   
     care  about health  insurance  companies,  I care  about                                                                   
     patients and  I care about  small employers  who provide                                                                   
     coverage  for  their  employees and  that's  my  biggest                                                                   
     concern.                                                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG reiterated  that he has not been  shown that the                                                              
point-of-service option is really  that much of a cost driver.  He                                                              
would like  this demonstrated to him  if it is.  [HB  211 was held                                                              
over.]                                                                                                                          
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 0998                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Labor and Commerce Standing Committee meeting was adjourned at                                                                  
5:16 p.m.                                                                                                                       
                                                                                                                                

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