Legislature(1999 - 2000)

03/20/2000 03:50 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                                                                                 
                   March 20, 2000                                                                                               
                     3:50 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative Norman Rokeberg, Chairman                                                                                        
Representative Andrew Halcro, Vice Chairman                                                                                     
Representative John Harris                                                                                                      
Representative Jerry Sanders                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Lisa Murkowski                                                                                                   
Representative Tom Brice                                                                                                        
Representative Sharon Cissna                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 326                                                                                                              
"An Act relating to the inspection of boilers and pressure vessels                                                              
and to fees for services under the boilers and pressure vessels                                                                 
program; and providing for an effective date."                                                                                  
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 303                                                                                                              
"An Act relating to the method of payment of fees and adoption of                                                               
regulations under AS 21; relating to orders under AS 21 regarding                                                               
risk based capital instructions; relating to accounting standards                                                               
for insurance companies; amending the definitions of 'creditable                                                                
coverage' and 'late enrollees' in AS 21.54; relating to                                                                         
requirements for small employer insurers; relating to requirements                                                              
for issuance of new voting securities by an insurance company;                                                                  
requiring health care insurance coverage for reconstructive surgery                                                             
following mastectomy; requiring guaranteed renewability of and                                                                  
certification of coverage regarding certain individual health                                                                   
insurance policies; and providing for an effective date."                                                                       
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
HOUSE BILL NO. 419                                                                                                              
"An Act relating to the weekly rate of compensation and minimum and                                                             
maximum compensation rates for workers' compensation; specifying                                                                
components of a workers' compensation reemployment plan; adjusting                                                              
workers' compensation benefits for permanent partial impairment,                                                                
for reemployment plans, for rehabilitation benefits, for widows,                                                                
widowers, and orphans, and for funerals; relating to permanent                                                                  
total disability of an employee receiving rehabilitation benefits;                                                              
relating to calculation of gross weekly earnings for workers'                                                                   
compensation benefits for seasonal and temporary workers and for                                                                
workers with overtime or premium pay; setting time limits for                                                                   
requesting a hearing on claims for workers' compensation, for                                                                   
selecting a rehabilitation specialist, and for payment of medical                                                               
bills; relating to termination and to waiver of rehabilitation                                                                  
benefits, obtaining medical releases, and resolving discovery                                                                   
disputes relating to workers' compensation; setting an interest                                                                 
rate for late payments of workers' compensation; providing for                                                                  
updating the workers' compensation medical fee schedule; and                                                                    
providing for an effective date."                                                                                               
                                                                                                                                
     - HEARD AND HELD                                                                                                           
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB 326                                                                                                                    
SHORT TITLE: INSPECTION OF BOILERS & PRESSURE VESS.                                                                             
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/02/00      2062     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/02/00      2063     (H)  L&C, FIN                                                                                            
 2/02/00      2063     (H)  FISCAL NOTE (LABOR)                                                                                 
 2/02/00      2063     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 2/02/00      2063     (H)  REFERRED TO LABOR & COMMERCE                                                                        
 3/20/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
BILL: HB 303                                                                                                                    
SHORT TITLE: MISC. INSURANCE PROVISIONS                                                                                         
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/21/00      1967     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 1/21/00      1967     (H)  L&C, HES                                                                                            
 1/21/00      1967     (H)  ZERO FISCAL NOTE (DCED)                                                                             
 1/21/00      1967     (H)  GOVERNOR'S TRANSMITTAL LETTER                                                                       
 3/20/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
BILL: HB 419                                                                                                                    
SHORT TITLE: WORKERS' COMPENSATION                                                                                              
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 2/23/00      2279     (H)  READ THE FIRST TIME - REFERRALS                                                                     
 2/23/00      2279     (H)  L&C, JUD, FIN                                                                                       
 2/23/00      2279     (H)  REFERRED TO LABOR & COMMERCE                                                                        
 3/08/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/08/00               (H)  Heard & Held                                                                                        
 3/08/00               (H)  MINUTE(L&C)                                                                                         
 3/17/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
 3/17/00               (H)  Heard & Held                                                                                        
 3/17/00               (H)  MINUTE(L&C)                                                                                         
 3/20/00               (H)  L&C AT  3:15 PM CAPITOL 17                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
DWIGHT PERKINS, Deputy Commissioner                                                                                             
Office of the Commissioner                                                                                                      
Department of Labor & Workforce Development                                                                                     
P.O. Box 21149                                                                                                                  
Juneau, Alaska 99802-1149                                                                                                       
POSITION STATEMENT:  Presented HB 326.                                                                                          
                                                                                                                                
ERNEST DUMMANN, Secretary                                                                                                       
Alaska State Association                                                                                                        
   of Boiler and Pressure Vessel Inspectors                                                                                     
(Address not provided)                                                                                                          
POSITION STATEMENT:  Testified on HB 326 expressing concern.                                                                    
                                                                                                                                
J.R. "RANDY" CARR, Chief/Labor Standards & Safety                                                                               
Mechanical Inspection                                                                                                           
Division of Labor Standards & Safety                                                                                            
Department of Labor & Workforce Development                                                                                     
P.O. Box 107021                                                                                                                 
Anchorage, Alaska 99510-7021                                                                                                    
POSITION STATEMENT:  Testified in support of HB 326.                                                                            
                                                                                                                                
REMOND HENDERSON, Director                                                                                                      
Central Office                                                                                                                  
Division of Administrative Services                                                                                             
Department of Labor & Workforce Development                                                                                     
P.O. Box 21149                                                                                                                  
Juneau, Alaska 99801-1149                                                                                                       
POSITION STATEMENT:  Testified on HB 326.                                                                                       
                                                                                                                                
BOB LOHR, Director                                                                                                              
Division of Insurance                                                                                                           
Department of Community & Economic Development                                                                                  
P.O. Box 110805                                                                                                                 
Juneau, Alaska 99811-0805                                                                                                       
POSITION STATEMENT:  Testified on HB 303.                                                                                       
                                                                                                                                
                                                                                                                                
KATY CAMPBELL                                                                                                                   
Life/Health Actuary                                                                                                             
Division of Insurance                                                                                                           
Department of Community & Economic Development                                                                                  
P.O. Box 110805                                                                                                                 
Juneau, Alaska 99811-0805                                                                                                       
POSITION STATEMENT:  Testified on HB 303.                                                                                       
                                                                                                                                
BARBARA WILLIAMS                                                                                                                
Alaska Injured Workers Alliance                                                                                                 
P.O. Box 771754                                                                                                                 
Eagle River, Alaska 99577-1784                                                                                                  
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
LAURA WALDON                                                                                                                    
Alaska Injured Workers Alliance                                                                                                 
4120 Resurrection Drive                                                                                                         
Anchorage, Alaska 99504                                                                                                         
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
JERRY FLOCK                                                                                                                     
705 Muldoon Road, Space 114                                                                                                     
Anchorage, Alaska 99504                                                                                                         
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
DEBORAH BUSH                                                                                                                    
P.O. Box 876975                                                                                                                 
Wasilla, Alaska 99687-6975                                                                                                      
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
JOEL SIGMOND                                                                                                                    
P.O. Box 872071                                                                                                                 
Wasilla, Alaska 99687-2071                                                                                                      
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
GERALDINE BODEMAN                                                                                                               
P.O. Box 672006                                                                                                                 
Chugiak, Alaska 99567-2006                                                                                                      
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
MARJORIE LINDER                                                                                                                 
P.O. Box 230029                                                                                                                 
Anchorage, Alaska 99523-0029                                                                                                    
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
                                                                                                                                
MURIEL BOWLES                                                                                                                   
P.O. Box 200713                                                                                                                 
Anchorage, Alaska 99520-0713                                                                                                    
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
HARRY BLANAL                                                                                                                    
5616 South Tahiti Loop                                                                                                          
Anchorage, Alaska 99507                                                                                                         
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
BARBARA SUE ROTH                                                                                                                
313 B Coleman Street                                                                                                            
Juneau, Alaska 99801                                                                                                            
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
THOMAS SMITH                                                                                                                    
8320 Sue Street                                                                                                                 
Anchorage, Alaska 99502                                                                                                         
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
ROBERT SULLIVAN                                                                                                                 
6635 Desiree Loop                                                                                                               
Anchorage, Alaska 99507                                                                                                         
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
MIKE JENSEN                                                                                                                     
Workers' Compensation Attorney                                                                                                  
12350 Industry Way                                                                                                              
Anchorage, Alaska 99507                                                                                                         
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
K. SCOTT MCENTIRE, President                                                                                                    
Alaska Injured Workers Alliance                                                                                                 
6530 East 16th Avenue                                                                                                           
Anchorage, Alaska 99504                                                                                                         
POSITION STATEMENT:  Testified on HB 419, Version G.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-31, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN NORMAN ROKEBERG called the House Labor and Commerce                                                                    
Standing Committee meeting to order at 3:50 p.m.  Members present                                                               
at the call to order were Representatives Rokeberg, Halcro,                                                                     
Murkowski, Harris, Brice, Cissna and Sanders.                                                                                   
                                                                                                                                
                                                                                                                                
HB 326-INSPECTION OF BOILERS & PRESSURE VESS.                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG announced the first order of business is HOUSE                                                                
BILL NO. 326, "An Act relating to the inspection of boilers and                                                                 
pressure vessels and to fees for services under the boilers and                                                                 
pressure vessels program; and providing for an effective date."                                                                 
                                                                                                                                
Number 0116                                                                                                                     
                                                                                                                                
DWIGHT PERKINS, Deputy Commissioner, Office of the Commissioner,                                                                
Department of Labor & Workforce Development, came before the                                                                    
committee to testify.  He read the following statement into the                                                                 
record:                                                                                                                         
                                                                                                                                
     Current Situation:                                                                                                         
                                                                                                                                
     There are a total of 24,500 active boiler and pressure                                                                     
     vessels subject to the department's jurisdiction.                                                                          
     Currently, the Mechanical Inspection Section [Division of                                                                  
     Labor Standards & Safety, Department of Labor & Workforce                                                                  
     Development] inspects approximately 3,300 vessels per                                                                      
     year.  We charge for those inspections and for a                                                                           
     certificate of operation that is issued as a result of                                                                     
     that inspection.  Inspection fees are set by regulation                                                                    
     and vary from a total of $60 every two years to a high of                                                                  
     $125 every year.  The number of boiler inspectors has                                                                      
     been reduced from five to three and one-half, and we are                                                                   
     still facing a substantial backlog of overdue                                                                              
     inspections.  The number of revenue producing inspections                                                                  
     shrinks annually and the revenue varies unpredictably.                                                                     
                                                                                                                                
     The Proposal:                                                                                                              
                                                                                                                                
     Adopted from the state of Oregon, the proposed plan would                                                                  
     issue a certificate of operation to every active boiler                                                                    
     and pressure vessel every year and charge a certificate                                                                    
     fee.  Boiler inspections would be done free of charge.                                                                     
     This has two major advantages:                                                                                             
                                                                                                                                
          - Income would be leveled to a highly predictable                                                                     
          rate every year.  The number of active vessels does                                                                   
          not fluctuate that greatly, and the changes that                                                                      
          occur tend to be increases in the total number of                                                                     
          vessels.  The consumer would pay no more for the                                                                      
          aggregate annual certificate fee than they do now                                                                     
          for the periodic inspection and certificate fee and                                                                   
          in many cases could pay less.                                                                                         
                                                                                                                                
          - The inspection staff could schedule inspections                                                                     
          on a needs basis, using factors such as volatility                                                                    
          of the unit (i.e. high pressure fired versus                                                                          
          unfired), last inspection date and so forth.  In                                                                      
          this manner the small cadre of inspectors could be                                                                    
          used in the most effective manner.                                                                                    
                                                                                                                                
     This plan simplifies the administrative support and                                                                        
     allows management to prioritize inspections to better                                                                      
     address the needs of the public.                                                                                           
                                                                                                                                
Number 0338                                                                                                                     
                                                                                                                                
REPRESENTATIVE ANDREW HALCRO asked Mr. Perkins whether the figure                                                               
3,300 was based on the three and one-half inspectors or five                                                                    
inspectors.                                                                                                                     
                                                                                                                                
MR. PERKINS replied the figure was based on the three and one-half                                                              
inspectors.                                                                                                                     
                                                                                                                                
Number 0390                                                                                                                     
                                                                                                                                
ERNEST DUMMANN, Secretary, Alaska State Association of Boiler and                                                               
Pressure Vessel Inspectors, testified via teleconference from an                                                                
off-net site in Seattle, Washington.  The association has some                                                                  
concerns about HB 326.  The association would not be in favor of                                                                
legislation that would reduce the need or number of inspections.                                                                
The association would not be in favor of legislation that would                                                                 
reduce qualifications of boiler and pressure vessel inspectors.                                                                 
After hearing testimony from the department, he said, it sounds                                                                 
like the fee would be levied but the inspection would not be levied                                                             
until inspectors are available.  The association may have a problem                                                             
with that.                                                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG inquired about the membership of the Alaska State                                                             
Association of Boiler and Pressure Vessel Inspectors.                                                                           
                                                                                                                                
MR. DUMMANN replied the association is comprised of private                                                                     
inspectors, and from time to time state inspectors are members as                                                               
well.  The association primarily mimics the National Board of                                                                   
Boiler and Pressure Vessel Inspectors, as inspectors must be                                                                    
certified by the national board.  The Alaska State Association of                                                               
Boiler and Pressure Vessel Inspectors is interested in educating                                                                
the public in how to prevent pressure vessel explosions and                                                                     
mishaps.                                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Dummann whether the members of the                                                                  
Alaska State Association of Boiler and Pressure Vessel Inspectors                                                               
would be available to contract with the state for inspections.                                                                  
                                                                                                                                
MR. DUMMANN replied he's not sure.  He would look into it.  Some                                                                
members, he noted, are private contractors who work for boiler                                                                  
manufacturers, for example.  He's not aware, however, of a member                                                               
who performs a service for the state under contract.                                                                            
                                                                                                                                
Number 0614                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked Mr. Dummann how many members are part                                                               
of the Alaska State Association of Boiler and Pressure Vessel                                                                   
Inspectors.                                                                                                                     
                                                                                                                                
MR. DUMMANN replied, at last count, membership is in the sixties.                                                               
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Perkins to comment on the concern that                                                              
HB 326 is a fee-only bill in that inspections would occur only when                                                             
inspectors are available.                                                                                                       
                                                                                                                                
MR. PERKINS replied the department sees HB 326 as a potential to                                                                
predict a certain amount of revenue for the state for the operation                                                             
of the certification program.  The department knows, however, that                                                              
they would not charge for the periodic inspection.  There are a                                                                 
couple of factors involved.  One, it gives the department the                                                                   
ability to catalogue every boiler that goes into service throughout                                                             
the state.  Two, it gives the department the ability to know when                                                               
a boiler comes on-line and when it needs to be inspected.  In                                                                   
response to Mr. Dummann's concerns, HB 326 in no way reduces or                                                                 
weakens the inspections or allows for a less qualified individual                                                               
to perform an inspection.                                                                                                       
                                                                                                                                
MR. PERKINS updated the committee on a bill that passed last year                                                               
in relation to plumbers conducting inspections on low pressure                                                                  
boilers.  [Senate Bill 50].  The inspectors, he explained, have had                                                             
their training and have sat for their examination.  The program is                                                              
up and running and will help reduce some of the backlog.                                                                        
                                                                                                                                
Number 0864                                                                                                                     
                                                                                                                                
J.R. "RANDY" CARR, Chief/Labor Standards & Safety, Mechanical                                                                   
Inspection, Division of Labor Standards & Safety, Department of                                                                 
Labor & Workforce Development, testified via teleconference from                                                                
Anchorage.  House Bill 326 was modeled after the state of Oregon                                                                
that experienced the same decline in inspectors as the state of                                                                 
Alaska is experiencing now.  The department has gone from five                                                                  
full-time inspectors to the equivalent of three full-time                                                                       
inspectors.  The plumbing inspectors equate to about one-quarter of                                                             
an inspector.  The department has streamlined how they conduct                                                                  
inspections, the way they schedule their travel, and have increased                                                             
inspection goals for each inspector in order to hold even with the                                                              
backlog.  The department is still looking at approximately 6,000                                                                
vessels that are overdue for inspection.  The good news is, the                                                                 
department has been focusing on the older vessels so that the ones                                                              
that are overdue are not nearly as overdue as they were a year ago,                                                             
for example.  However, until the department can find a means of                                                                 
insuring a level amount of program receipts that can be budgeted                                                                
and through good management find room for another full-time                                                                     
inspector there will not be an "inroad" into the backlog,                                                                       
especially when the trend is for more vessels each year.  The only                                                              
way to meet the burden is to increase the number of inspectors in                                                               
the field, and HB 326 would help the department do that.                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Carr whether he thinks that if the                                                                  
legislature authorized the department to hire another boiler                                                                    
inspector he would pay for himself.                                                                                             
                                                                                                                                
Number 1006                                                                                                                     
                                                                                                                                
MR. CARR replied the department is hoping that the legislature will                                                             
authorize a position if it can pay for itself.  The department and                                                              
the industry can show that vessels are a very volatile area and if                                                              
they aren't inspected in a timely manner by qualified inspectors                                                                
they present a tremendous hazard in places such as schools,                                                                     
hospitals and apartment complexes.                                                                                              
                                                                                                                                
Number 1048                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Perkins whether a new inspector                                                                     
authorized by the legislature would make money for the department                                                               
and pay for himself.                                                                                                            
                                                                                                                                
MR. PERKINS replied it depends on the type of boiler being                                                                      
inspected.  A high pressure boiler, for example, takes a greater                                                                
amount of knowledge to inspect.                                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Perkins whether a new inspector would                                                               
pay for himself by generating new revenue.                                                                                      
                                                                                                                                
MR. PERKINS deferred the question to Mr. Remond Henderson of the                                                                
Department of Labor & Workforce Development.                                                                                    
                                                                                                                                
Number 1141                                                                                                                     
                                                                                                                                
REMOND HENDERSON, Director, Central Office, Division of                                                                         
Administrative Services, Department of Labor & Workforce                                                                        
Development, came before the committee to testify.  The answer to                                                               
Chairman Rokeberg's question is, yes.  But the department, he                                                                   
noted, does not have authority to spend general fund receipts                                                                   
generated from the program.  The bill therefore would replace                                                                   
general funds with program receipts thereby allowing the department                                                             
to use all the fees generated to actually operate the program.  The                                                             
bill would not change the quality of the inspectors or the time                                                                 
frames involved.  In fact, if the department is allowed to use                                                                  
program receipts to get another boiler inspector or two, the                                                                    
department would be able to address the backlog at no additional                                                                
cost to the general fund.                                                                                                       
                                                                                                                                
Number 1188                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked Mr. Perkins, if he had a boiler, would                                                              
he receive a certificate of operation along with a bill under the                                                               
current operation.                                                                                                              
                                                                                                                                
MR. PERKINS deferred the question to Mr. Carr.  He believes that a                                                              
person does not receive a bill unless an inspection actually takes                                                              
place.                                                                                                                          
                                                                                                                                
MR. CARR confirmed that is the current operation.  He said, "If we                                                              
don't come out and inspect you, you do not get a certificate of                                                                 
operation and no fee is rendered either for the inspection or [the]                                                             
certificate."                                                                                                                   
                                                                                                                                
Number 1224                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO stated, to Mr. Carr, judging from the figures                                                             
presented earlier it would take seven years to inspect all of the                                                               
boilers.                                                                                                                        
                                                                                                                                
MR. CARR replied that's correct.  The numbers, however, are a bit                                                               
misleading because boilers have different inspection schedules                                                                  
depending on the type of vessel.  A high pressure steam vessel, for                                                             
example, has to be inspected every year, while a propane or high                                                                
volume air tank has to be inspected once every five years.                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG stated he thought that the figure was closer to                                                               
eight years, and including the pressure vessels he thought that the                                                             
figure was even worse than that.                                                                                                
                                                                                                                                
MR. PERKINS noted that the plumbers who are conducting inspections                                                              
as well are helping in that regard.                                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG remarked that the service needs to be privatized.                                                             
This [legislation] is outlandish.  The public safety of the state                                                               
is in jeopardy.  He realizes that there are fiscal problems, but HB
326 is not the answer.  He said:                                                                                                
                                                                                                                                
     All you're doing here is saying I'm gonna charge you a                                                                     
     fee and if I can get around to inspecting it, I'll get                                                                     
     around to inspecting it.  That's ridiculous.  Unless you                                                                   
     think that you're going to have leverage with the finance                                                                  
     committees because you're getting revenue coming in that                                                                   
     you're gonna be able to put more personnel on.  Either                                                                     
     you need to put more people on and generate more revenue                                                                   
     or you need to come up with a further contracting type                                                                     
     mechanism where you can put some more people out there.                                                                    
     I mean we have a public safety problem in this state over                                                                  
     this issue.  I compliment the department [in] trying to                                                                    
     make some inroads here without costing money, this                                                                         
     actually generates money, but to me it's almost [like]                                                                     
     this is the end of it.  In my entire career, this takes                                                                    
     the cake.  You're gonna to charge people for something                                                                     
     you don't do.  Now, this is what you're doing with this                                                                    
     bill.  Now, you have to convince me I'm wrong.                                                                             
                                                                                                                                
Number 1356                                                                                                                     
                                                                                                                                
MR. HENDERSON asked Mr. Carr whether individuals would pay less in                                                              
the long run than what they pay now under the proposed legislation.                                                             
                                                                                                                                
MR. CARR replied that is correct.  Individuals would pay the same                                                               
amount or less spread out over the time frame of the number of                                                                  
years that they would normally be inspected.  The smaller vessels                                                               
in particular would pay less.                                                                                                   
                                                                                                                                
Number 1384                                                                                                                     
                                                                                                                                
MR. PERKINS stated:                                                                                                             
                                                                                                                                
     Well, Mr. Chairman, we may respectively agree to disagree                                                                  
     on this one.  I understand what you're saying, but you're                                                                  
     right, Mr. Chairman, we do have a public safety problem                                                                    
     out there.  And I appreciate you recognizing the fact                                                                      
     that the department is trying to address these.                                                                            
     Obviously, our ways of doing this aren't acceptable to                                                                     
     you, and it certainly is no disrespect to you on how                                                                       
     we're going about this.  But this is our best shot at it,                                                                  
     and I think in the long run it'll give us an opportunity                                                                   
     and, as I said, another tool in our box to do the                                                                          
     people's work out there.  And without this and                                                                             
     continually every time we're going in for, as you                                                                          
     mentioned the finance committees, we keep going in and                                                                     
     we're taking our share of the budget reductions and we're                                                                  
     bringing in more money than we're authorized to use                                                                        
     already, you know, it's hard on us too.  We keep reducing                                                                  
     personnel because the department, as you know, that we                                                                     
     have labor standards and workers' comp[ensation] are                                                                       
     about the only general fund programs we have.  It's,                                                                       
     which one of you guys in the hopper this year for the                                                                      
     cut?  So, we're just asking for a little help here.                                                                        
                                                                                                                                
Number 1443                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG suggested setting HB 326 aside in order to look                                                               
at hiring about a half a dozen inspectors with the money that the                                                               
department would receive.                                                                                                       
                                                                                                                                
MR. PERKINS indicated that the department would be willing to work                                                              
with the chairman in that regard.                                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG stated he doesn't want to send legislation out of                                                             
the committee that charges people for not doing anything.                                                                       
                                                                                                                                
MR. PERKINS remarked that the rationale for the legislation has                                                                 
been stated.                                                                                                                    
                                                                                                                                
Number 1480                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked Mr. Perkins how the state of Oregon                                                                 
responded to the concerns voiced today.                                                                                         
                                                                                                                                
MR. PERKINS deferred the question to Mr. Carr.                                                                                  
                                                                                                                                
Number 1511                                                                                                                     
                                                                                                                                
MR. CARR said:                                                                                                                  
                                                                                                                                
     As I understand it, the primary concern in Oregon is one                                                                   
     that we share.  You can only do so many inspections with                                                                   
     a given number of inspectors.  There's no way you can                                                                      
     make the math work that you're gonna be able to inspect                                                                    
     every single vessel when it's due.  But by changing the                                                                    
     methodology of collecting the funds so that everyone                                                                       
     shares in a certificate-of-operation fee instead of                                                                        
     paying only when they get inspected.  They have the                                                                        
     ability to get inspected; they can request an inspection                                                                   
     and an inspector would come out if they thought there was                                                                  
     a problem.  But it allows the managers to focus their                                                                      
     staff on those areas that are the most volatile.  To be                                                                    
     able to go out and do the inspections on boilers that are                                                                  
     presenting the greatest hazard and prioritize their                                                                        
     inspections in that manner rather than going by an                                                                         
     inspection schedule on just when a particular boiler is                                                                    
     due for inspection.  Because that's how the fees are                                                                       
     generated, so if you don't go out and inspect it because                                                                   
     it's due then you aren't gonna get your fees.                                                                              
                                                                                                                                
Number 1564                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked Mr. Carr, if he pays the fee and gets                                                               
the certificate of operation in the mail but nobody actually                                                                    
inspected his boiler and something tragic happens, from a liability                                                             
standpoint who stands to lose the most.                                                                                         
                                                                                                                                
MR. CARR replied he can't answer the question.  He noted that some                                                              
have an insurance company conduct the inspection, while some prefer                                                             
no inspection at all; the only reason that a vessel is inspected,                                                               
in those cases, is because of the authority given to the department                                                             
in statute.                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG indicated that HB 326 would be held in committee                                                              
for further consideration.  He also noted that there wasn't a                                                                   
quorum to conduct any official business.                                                                                        
                                                                                                                                
HB 303-MISC. INSURANCE PROVISIONS                                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG announced the next order of business is HOUSE                                                                 
BILL NO. 303, "An Act relating to the method of payment of fees and                                                             
adoption of regulations under AS 21; relating to orders under AS 21                                                             
regarding risk based capital instructions; relating to accounting                                                               
standards for insurance companies; amending the definitions of                                                                  
'creditable coverage' and 'late enrollees' in AS 21.54; relating to                                                             
requirements for small employer insurers; relating to requirements                                                              
for issuance of new voting securities by an insurance company;                                                                  
requiring health care insurance coverage for reconstructive surgery                                                             
following mastectomy; requiring guaranteed renewability of and                                                                  
certification of coverage regarding certain individual health                                                                   
insurance policies; and providing for an effective date."                                                                       
                                                                                                                                
Number 1645                                                                                                                     
                                                                                                                                
BOB LOHR, Director, Division of Insurance, Department of Community                                                              
& Economic Development, came forward to testify on HB 303.  He                                                                  
indicated HB 303 is the insurance clean-up bill which addresses two                                                             
primary areas.  The first is accounting practices and attempts to                                                               
conform current statutory provisions to the National Association of                                                             
Insurance Commissioners [NAIC].  These have provisions have been                                                                
adopted and will take effect on January 1, 2001.  However, there                                                                
are certain provisions of statute and regulations which would                                                                   
conflict with the uniform provisions.  The second major area of the                                                             
bill attempts to conform with the federal Health Improvement                                                                    
Portability and Accountability Act of 1996 [HIPAA].  There were                                                                 
numerous amendments to state law adopted in 1997 in an effort to                                                                
conform state law with the federal requirements thereby avoiding                                                                
federal preemption by the Health Care Financing Administration                                                                  
[HCFA].  A few provisions were not directly addressed by that                                                                   
legislation.  The federal government has indicated that conformance                                                             
of state law is required for those provisions in addition to                                                                    
enforcement of those provisions by the Division of Insurance.  The                                                              
Division has been enforcing those provisions, but the State has                                                                 
received a letter from HCFA indicating that absent legislation                                                                  
similar to HB 303 would undertake a review to determine whether                                                                 
federal preemption is required of the State in this area.  He said                                                              
the Division believes the adoption of HB 303 would forestall the                                                                
threat of federal preemption by HCFA.  There is a provision in the                                                              
bill which allows the director of the Division of Insurance to                                                                  
acquire payment electronically.  This would simplify the process of                                                             
making timely payments of fees and charges to the State.  He said                                                               
the Division was unable to unearth any opposition to the provisions                                                             
of the bill despite a diligent search.                                                                                          
                                                                                                                                
REPRESENTATIVE HALCRO asked if electronic payment assists with cash                                                             
flow and ensuring that payments are in on more timely basis.                                                                    
                                                                                                                                
MR. LOHR stated that is correct.  He said:                                                                                      
                                                                                                                                
     Depending on whether this is addressing premium taxes,                                                                     
     which go into the general fund (GF), it would improve                                                                      
     cash flow there and we've already tried to adopt those                                                                     
     provisions.  For fees, it would increase the speed of                                                                      
     delivery of the fees to the Department of Revenue.                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG asked Katy Campbell to explain section 10 in HB
303 which refers to coverage for reconstructive surgery following                                                               
a mastectomy.                                                                                                                   
                                                                                                                                
Number 1871                                                                                                                     
                                                                                                                                
KATY CAMPBELL, Life/Health Actuary, Division of Insurance,                                                                      
Department of Community & Economic Development, came forward to                                                                 
testify on HB 303.  She explained this provision was a health                                                                   
insurance mandate which went in after the original HIPAA                                                                        
legislation in 1996.  Federal law was amended the next year to                                                                  
require coverage of reconstructive surgery following a mastectomy.                                                              
Section 10 would bring Alaska State Statute into compliance with                                                                
the federal provision.                                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG asked, "So, they just amended the HIPAA statute                                                               
rather than enact a new law?"                                                                                                   
                                                                                                                                
MS. CAMPBELL stated that is correct.                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG wondered, "So, there's really no connection per                                                               
se except there is a connection regarding compliance, though, is                                                                
there not?"                                                                                                                     
                                                                                                                                
MS. CAMPBELL replied yes.  She said, "They added into this section                                                              
so that, basically, it has the enforcement provision of HIPAA apply                                                             
to that amended piece that went in in 1997 or 1998, I think it                                                                  
might have been."                                                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG wondered if failure to adopt this provision could                                                             
jeopardize the ability to regulate health insurance in Alaska.                                                                  
                                                                                                                                
MS. CAMPBELL clarified it would jeopardize the ability to regulate                                                              
this particular provision.  She commented:                                                                                      
                                                                                                                                
     Right now we go back to the insurance companies and say,                                                                   
     "Look, you have to have this mandate in your health                                                                        
     plans."  If this didn't pass, actually the Health Care                                                                     
     Financing Administration would come in and review the                                                                      
     policy forms and kind of take a more active role in                                                                        
     ensuring that insurance companies are in compliance with                                                                   
     that provision.                                                                                                            
                                                                                                                                
CHAIRMAN ROKEBERG asked if the penalty provisions of HIPAA have                                                                 
some impact on the ability to regulate.                                                                                         
                                                                                                                                
MR. LOHR said that he believes the provisions would.  He said:                                                                  
                                                                                                                                
     What we've done basically is, in response to the "show                                                                     
     cause", if you will, letter from the administrator of                                                                      
     HCFA.  We've suggested that, because the Division is                                                                       
     actively enforcing these provisions for the duration,                                                                      
     that they should allow that as constructive compliance                                                                     
     until the legislation could be considered.  So, in the                                                                     
     short run, I think we've got an argument.  However, if we                                                                  
     tried to extend that argument over a period of years, I                                                                    
     think the lack of...state provisions that conform to                                                                       
     HIPAA would be a, potentially, very serious and could                                                                      
     lead to actual federal preemption.                                                                                         
                                                                                                                                
Number 1990                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked what the position of enrolled insurers in                                                               
Alaska is on this particular provision.  He also wondered if the                                                                
leading insurance carriers provide this mandate.                                                                                
                                                                                                                                
MS. CAMPBELL replied that is correct.  She indicated that they are                                                              
required to under the federal law that passed.                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG inquired if the State enforces that.                                                                          
                                                                                                                                
MS. CAMPBELL responded, "We are right now, but that's because we're                                                             
going back to them and pointing out if they don't have the                                                                      
provision.  We're saying, 'Look, it's a federal law.  You have to                                                               
have it.'  Once we have it in our state law, we have a basis for                                                                
enforcing it.  By putting it in state law, we're saying that we can                                                             
enforce the provision."                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG said it is a chicken and egg thing.  He said,                                                                 
"The enforcement of it doesn't rest with the federal government.                                                                
It rests with the Division of Insurance.  Is that not correct?"                                                                 
                                                                                                                                
Number 2060                                                                                                                     
                                                                                                                                
MS. CAMPBELL answered, "With this amendment, that's true.                                                                       
Otherwise, it would be federally enforced."                                                                                     
                                                                                                                                
MR. LOHR pointed out there is a good deal of rhetoric supporting                                                                
states' rights at the federal level.  They look at particular                                                                   
issues and there is federal preemption all over the place.  It is                                                               
either veiled, indirect or, in some cases, very direct preemption                                                               
by the federal government.  He said, "We're facing suspended                                                                    
sentence on that with respect to...agent and broker licensing."                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG referred to section 17 and asked, "Alaska, we                                                                 
have our own small employer statute.  Does that speak to that?"                                                                 
                                                                                                                                
MS. CAMPBELL explained it is an amendment to the existing small                                                                 
employer statute.  Section 17 clarifies that employers continue to                                                              
have the choice on how to define their own group for purposes of                                                                
insurance.                                                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG asked if the amendment allows for the exclusion                                                               
of an employee for underwriting purposes.                                                                                       
                                                                                                                                
MS. CAMPBELL said it does not apply to underwriting.  She stated:                                                               
                                                                                                                                
     In most cases, how this works, is that the employer may                                                                    
     have several employees that are in their management level                                                                  
     and they want to cover them because they're the stable                                                                     
     employees, and then they have other employees who are in                                                                   
     and out, and they don't want to have to provide coverage                                                                   
     to every individual in their group because it's just not                                                                   
     cost effective for them to do that.  This allows them to                                                                   
     make that, and actually, it's more of a clarification                                                                      
     that the employer can make that decision.                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG said, "So, the answer to my question is yes."                                                                 
                                                                                                                                
MS. CAMPBELL said that is correct.  She noted it is a federal law                                                               
that the insurance company cannot exclude anyone, but the employer                                                              
can make a decision to define their own group.                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG indicated HB 303 would be held in committee.                                                                  
                                                                                                                                
HB 419-WORKERS' COMPENSATION                                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG announced the next order of business is HOUSE                                                                 
BILL NO. 419, "An Act relating to the weekly rate of compensation                                                               
and minimum and maximum compensation rates for workers'                                                                         
compensation; specifying components of a workers' compensation                                                                  
reemployment plan; adjusting workers' compensation benefits for                                                                 
permanent partial impairment, for reemployment plans, for                                                                       
rehabilitation benefits, for widows, widowers, and orphans, and for                                                             
funerals; relating to permanent total disability of an employee                                                                 
receiving rehabilitation benefits; relating to calculation of gross                                                             
weekly earnings for workers' compensation benefits for seasonal and                                                             
temporary workers and for workers with overtime or premium pay;                                                                 
setting time limits for requesting a hearing on claims for workers'                                                             
compensation, for selecting a rehabilitation specialist, and for                                                                
payment of medical bills; relating to termination and to waiver of                                                              
rehabilitation benefits, obtaining medical releases, and resolving                                                              
discovery disputes relating to workers' compensation; setting an                                                                
interest rate for late payments of workers' compensation; providing                                                             
for updating the workers' compensation medical fee schedule; and                                                                
providing for an effective date."                                                                                               
                                                                                                                                
Number 2284                                                                                                                     
                                                                                                                                
BARBARA WILLIAMS, Alaska Injured Workers Alliance, testified via                                                                
teleconference from Anchorage.  She stated:                                                                                     
                                                                                                                                
     I would like to speak to you today about HB 419.  We                                                                       
     don't feel that this bill is in the best interest of                                                                       
     workers.  It is done by the same committee that has                                                                        
     formulated 1988 changes that have devastated workers and                                                                   
     their families.  We now know conclusively by the                                                                           
     Legislative Budget and Audit Report [October 31, 1999,                                                                     
     included in the bill packet] that just came out.                                                                           
     Intentionally or not, have been and are being                                                                              
     disadvantaged by the workers' compensation system.  Many                                                                   
     workers have waited for medical care and been denied                                                                       
     benefits while knowing that fee caps on workers'                                                                           
     attorneys did little or nothing to help them secure                                                                        
     information regarding their rights and benefits.  The                                                                      
     worker has little or no help provided by the Division of                                                                   
     Workers' Compensation.  We are now asking for your                                                                         
     assistance to make this a more fair and just system.                                                                       
                                                                                                                                
     We know that recent budget cuts have not helped this                                                                       
     situation but complicated it yet even more.  I hope that                                                                   
     you will carefully review the Legislative Budget and                                                                       
     Audit Report and see that changes can be implemented on                                                                    
     the recommendation of the Audit team.  We need to improve                                                                  
     service, better enforcement of the current law, and                                                                        
     straighten out our penalty issues.  If insurance                                                                           
     companies are regularly under reporting on verified                                                                        
     annual data that the division is not enforcing the                                                                         
     penalties, we could have more revenue to assist in                                                                         
     securing better services.  Defense attorney are given                                                                      
     more preferential treatment than injured workers and                                                                       
     their attorneys and the audit confirms this.  We need to                                                                   
     make this system fairer for all parties.                                                                                   
                                                                                                                                
     The average worker earning $155 per week makes below                                                                       
     poverty wages, with no inflationary increase.  With the                                                                    
     rate proposals in HB 419, it is not even keeping pace                                                                      
     with today's inflation in real money terms.  None of the                                                                   
     increases are based on today's real money terms and do                                                                     
     not account for any inflation.  Why would we further                                                                       
     complicate an already complicated matter?  Why not use                                                                     
     the Legislative Budget and Audit recommendations to first                                                                  
     make the process more fair for all parties, then make                                                                      
     constructive changes that reflect more real terms for                                                                      
     workers.  We need to move them past social services and                                                                    
     delayed medical treatments and enforce even handed                                                                         
     fairness to all parties.                                                                                                   
                                                                                                                                
     Lastly, we need better education programs geared for                                                                       
     workers.  28,000 claims per year and 10 workers'                                                                           
     compensation attorneys are not enough to cover the whole                                                                   
     state.  Better wages for workers' attorneys would mean                                                                     
     more attorneys.  Fee caps on defense attorneys' fees are                                                                   
     essential.  Education programs and technical assistance                                                                    
     are only provided by the Alaska Injured Workers Alliance                                                                   
     at this time.  Workers need better access to information                                                                   
     to make informed decisions about their rights and                                                                          
     benefits.  The further away from Anchorage they are, the                                                                   
     less access to information they have.  We are not against                                                                  
     anyone, but this system was designed for workers long ago                                                                  
     and needs input from the very disadvantaged workers, not                                                                   
     a bunch of people who are supposed to represent our                                                                        
     interest.  With three-quarters of the majority working                                                                     
     against injured workers from the start, we are looking to                                                                  
     you to insure better benefits and safer working                                                                            
     conditions in which to work.  We hope you will be                                                                          
     sensitive to our needs and not just the people that                                                                        
     control of our benefits.  We hope that you guys will                                                                       
     consider the recommendation of the audit and consider                                                                      
     that in this house bill instead of just accepting HB 419                                                                   
     because we really feel like it's in the best interest of                                                                   
     workers.                                                                                                                   
                                                                                                                                
Number 2427                                                                                                                     
                                                                                                                                
LAURA WALDON, Alaska Injured Workers Alliance, testified via                                                                    
teleconference from Anchorage.  She agrees with what was stated by                                                              
the previous testifier because the injured worker ends up without                                                               
any type of medical coverage or treatment.  She said:                                                                           
                                                                                                                                
     So, there's no way that they can become better and with                                                                    
     what you have here, and from my understanding, your                                                                        
     mission as a workers' compensation board [is] to assure                                                                    
     that Alaskan workers who suffer work related injuries or                                                                   
     illness are provided adequate medical care...and this is                                                                   
     not happening and this is your mission statement.  How                                                                     
     can you create new laws when you can't even enforce the                                                                    
     ones you already have on the book?...                                                                                      
                                                                                                                                
TAPE 00-31, SIDE B                                                                                                              
                                                                                                                                
     ...and that is not what the Workers' Compensation Board                                                                    
     mission statement states.  Even from 1998, you're                                                                          
     supposed to be here to help the workers, but instead                                                                       
     you're buying into the insurance company's monopoly, and                                                                   
     I repeat "monopoly" of insurance; how they railroad                                                                        
     people's lives...you say they can't do this, that and the                                                                  
     other, but they're doing it and walking away with it, and                                                                  
     you're letting it happen because we're depending on you                                                                    
     as the board to make things right for the injured                                                                          
     workers.  You're not doing that.  You're not living up to                                                                  
     your missions.                                                                                                             
                                                                                                                                
                                                                                                                                
Number 0044                                                                                                                     
                                                                                                                                
JERRY FLOCK testified via teleconference from Anchorage.  He said:                                                              
                                                                                                                                
     I am an injured worker with an uninsured employer who you                                                                  
     may have heard of.  My employer, General Roofing                                                                           
     Systems,...paid somebody $100 as a down payment and gave                                                                   
     them a  38-special to take me out and relieve them of                                                                      
     their responsibility and of their liability.  Through the                                                                  
     whole process, Alaska Workers' Compensation Board has                                                                      
     done nothing to protect my rights or me.  The only source                                                                  
     of information that I have had to help me in any of this                                                                   
     last three years is the Alaska Injured Workers Alliance.                                                                   
     By passing HB 419, you are enforcing the fact that the                                                                     
     division regularly works with employers and insurance                                                                      
     companies as the legislative audit confirms.                                                                               
                                                                                                                                
     I have had surgery that Public Assistance had to pay for,                                                                  
     not my employer, and it was my employer's                                                                                  
     responsibility...They have disposed of their                                                                               
     responsibilities regularly and, not only do I have to                                                                      
     fear for my own safety, but the safety of my family as                                                                     
     well.  You cannot possibly tell me that the DWC [Division                                                                  
     of Workers' Compensation] is doing all that it can to                                                                      
     fairly access workers' rights to medical care and                                                                          
     benefits.  I am a prime example of how this can all go                                                                     
     wrong.  I urge you to follow the recommendations and                                                                       
     clean up the workers compensation act and make it fair                                                                     
     for all parties, not just employers and insurance                                                                          
     companies.  My employers had let their policy lapse 16                                                                     
     times and one other employee broke his back while falling                                                                  
     off a roof since my employer knew no one would enforce                                                                     
     the laws to protect me those like me.  Proper enforcement                                                                  
     is necessary to see that the workers are protected.  Two                                                                   
     years ago when the Alaska Injured [Workers] Alliance                                                                       
     started inquiring, an alarming 60 percent, over half, of                                                                   
     the state employers were uninsured.  This must change.                                                                     
     We also need better education programs and access to                                                                       
     legal assistance to process our claims.                                                                                    
                                                                                                                                
     I urge you to see fit to protect all workers in this                                                                       
     state and see that everyone is treated fairly and not                                                                      
     denied due process.  Due process escapes me to this day                                                                    
     because no one will see that my employer pays for my                                                                       
     benefits and secures my medical care and provides                                                                          
     retraining.  I hope that you will remember me and be an                                                                    
     effective part of proper enforcement of these laws.                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG asked if Mr. Flock has filed charges with the                                                                 
police or the Alaska State Troopers.                                                                                            
                                                                                                                                
MR. FLOCK replied yes.                                                                                                          
                                                                                                                                
Number 0222                                                                                                                     
                                                                                                                                
DEBORAH BUSH testified via teleconference from Mat-Su.  She stated:                                                             
                                                                                                                                
     I was injured at work in June of 1995 and I have endured                                                                   
     unconscionable practices as the result of the vagueness                                                                    
     presented by the act.  Insurance companies have been                                                                       
     empowered by the act and injured workers are left at a                                                                     
     disadvantage.  Unfortunately, the more complex the injury                                                                  
     and medical issues and medical claims become, the more                                                                     
     difficult the injured workers have in receiving just                                                                       
     outcomes in dealing with workers' comp[ensation]                                                                           
     insurance companies.  The increasing cost of workers'                                                                      
     compensation insurance premiums are becoming                                                                               
     unnecessarily inflated at the result of risk management                                                                    
     cost.  The audit [Legislative Budget and Audit Report]                                                                     
     sites multiple causes for the increase of premiums                                                                         
     (indisc.) for employers.  These increased medical costs,                                                                   
     extended disabilities, and retraining costs are bonafide.                                                                  
     The finding that extended the disability payments made to                                                                  
     workers thought to be capable of returning to work is a                                                                    
     blanket for the cost of litigation.  Discovery,                                                                            
     investigation and other costly means of litigation is                                                                      
     overinflating the cost covering work-related injuries.                                                                     
     Most medical disputes involve one EME physician, that is                                                                   
     an Employer Medical Evaluation or the insurance doctor's                                                                   
     opinion.  Their disputes generally contradict the                                                                          
     multiple opinions from the injured worker's treating                                                                       
     physician and other attending physicians.  I've had three                                                                  
     EME evaluations and not one was performed by a local                                                                       
     doctor.  One doctor was flown up from California and I                                                                     
     was flown to California for the second and third at a                                                                      
     cost of $1,200 just for lodging and the flights.  I was                                                                    
     seen for a total of 15 minutes and both doctors produced                                                                   
     17- and 22-page opinions which were quite costly.                                                                          
                                                                                                                                
     The cause of my continued disability is industrial in                                                                      
     basis.  The insurance companies paid medical opinion                                                                       
     relates no industrial basis and that I could return.  I                                                                    
     was in danger of becoming a quadriplegic due to                                                                            
     complications.  I needed treatment.  I didn't need to be                                                                   
     followed, filmed, photographed, watched at home by                                                                         
     investigators since 1996.  This is costly.  The                                                                            
     increasing costs to the State of Alaska Medical                                                                            
     Assistance Program is the result of the injured workers                                                                    
     losing benefits...Once an injured worker is controverted,                                                                  
     and a serious medical condition persists, there are not                                                                    
     many avenues the worker can take to adjudicate those                                                                       
     claims when savings and accrued (indisc.) dwindle away.                                                                    
     To cover medical costs, a complex claim poses difficulty                                                                   
     in securing representation from a lawyer or finding a                                                                      
     doctor that wants to get involved in possible depositions                                                                  
     and appearing in court...A large portion of injured                                                                        
     workers apply for or receive Alaska Temporary Assistance,                                                                  
     Alaska State Medical Program Benefits, which is Medicaid,                                                                  
     and federal food stamp funds.                                                                                              
                                                                                                                                
     Eligibility for an incapacitated person is determined by                                                                   
     a community [physician] and reported on a State form.  To                                                                  
     receive Medicaid, an injured worker declares a third                                                                       
     party liability, which is the insurance company, and                                                                       
     agrees that the State can assess a lien.  The lien is                                                                      
     placed upon any settlement monies the worker receives                                                                      
     unless a settlement, a compromise release, or a decision                                                                   
     and order is made that they collect reimbursement from                                                                     
     the assumed medical costs from the injured workers                                                                         
     compensation.  This award is for lost earnings that pays                                                                   
     back medical costs to the State.  The insurance company                                                                    
     is also hit up for medical costs.  In my case, I refused                                                                   
     to settle past issues of compensation until the insurance                                                                  
     company agreed to repay medical.  They did not feel they                                                                   
     had any liability for medical costs during the                                                                             
     controversion.  The State of Alaska Medical Assistance                                                                     
     Program receives reimbursement by liens and awards.  The                                                                   
     funding of ATAP [Alaska Temporary Assistance Program] or                                                                   
     welfare to eligible injured workers needs to be                                                                            
     reimbursed by the insurance carriers if, based on merits                                                                   
     of all medical evidence, (indisc.) evidence, or a                                                                          
     compromised release agreement, or whatever it takes,                                                                       
     which reopens weekly medical compensation.                                                                                 
                                                                                                                                
     It is foreseeable, if the insurance companies were held                                                                    
     accountable to the State for incurred related                                                                              
     expenditures resulting from an industrial injury, it                                                                       
     would generate revenue for reimbursement and it would                                                                      
     benefit the State of Alaska.  There is a tremendous                                                                        
     amount of State welfare funds paid to injured workers                                                                      
     during the controversion of workers' comp[ensation]                                                                        
     benefits.  In my case, the insurance company agreed to                                                                     
     repay the State of Alaska Medical Program or Medicaid.                                                                     
     What about the ATAP funds the State paid for the injured                                                                   
     worker?  What about the federal food stamp benefits?  In                                                                   
     my case, my family received Alaska Temporary Assistance                                                                    
     in the rough amount of $1,100 in allowances.  This was                                                                     
     paid for 25 months while medical disputes were                                                                             
     determined.  There's a multitude of revenue the State                                                                      
     truly has a right to reimbursement for.  Had it not been                                                                   
     for the controversion, the basis of the worker going on                                                                    
     welfare, there would have been no cost to the State.                                                                       
     Once a claim is found to be bonafide, reimbursement                                                                        
     should be made.  In my case alone, ATAP equaled almost                                                                     
     $27,000...The State should be reimbursed for supporting                                                                    
     an injured worker who is controverted if it is found that                                                                  
     the continued disability is a result of the work                                                                           
     injury...The practices the adjusters have implemented are                                                                  
     sometimes unfair.  Under the terms of the act, an injured                                                                  
     worker can deteriorate and be one day from death and                                                                       
     still be considered or deemed medically stable.  In my                                                                     
     case, after the second surgery, which, by the way, was a                                                                   
     revision of a cervical fusion that was performed after my                                                                  
     injury; the surgery was on the twenty-first of November                                                                    
     '98.  I followed up with my neurosurgeon.  I had to be                                                                     
     flown to Seattle and was treated at Harborview Medical                                                                     
     Center.  And I followed up with my neurosurgeon the                                                                        
     fourteenth of February and again on the fifth of August                                                                    
     1999.  I was seen twice a month here in recovery by my                                                                     
     attending and treating physician in Eagle River.  Did the                                                                  
     adjuster seek my treating doctor's opinion of medical                                                                      
     stability?  No.  By her own account, she made almost ten                                                                   
     contacts to my surgeon who I hadn't been examined by in                                                                    
     over 90 days to get the medical stability to clear.                                                                        
                                                                                                                                
     My condition continues to deteriorate.  There is medical                                                                   
     evidence supporting this that isn't subjective, but                                                                        
     objective in nature.  I suffer from extensive nerve                                                                        
     damage as a result of the severity of my injury,                                                                           
     complications from the surgery, and my belated treatment                                                                   
     due to the controversion.  I cannot return to work.  I                                                                     
     have been (indisc.) for rehab[ilitation] reemployment                                                                      
     benefits, but I cannot participate in a retraining                                                                         
     program due to my medical condition.  Am I receiving                                                                       
     compensation from worker comp[ensation] insurance company                                                                  
     with all the causal connection to my work relatedness?                                                                     
     No.  And I'm a pen stroke away from the welfare roll                                                                       
     again.  Me and many other injured workers in Alaska need                                                                   
     legislative support in dealing with the worker                                                                             
     comp[ensation] carriers...There are a lot of unnecessary                                                                   
     harassments, comments that are made by adjusters towards                                                                   
     injured workers.  That needs to be dealt with.  Our                                                                        
     Alaskan representatives are in a position to attempt to                                                                    
     balance the (indisc.) shortcomings of the act currently                                                                    
     posed.  This practice of unfair and frivolous                                                                              
     controversion needs to hold serious penalties for those                                                                    
     who engage in it.  And the defining factor that                                                                            
     determines what is unfair and frivolous needs to be                                                                        
     addressed.  I believe legislative intent was not to be                                                                     
     construed to allow injured workers to be dumped onto the                                                                   
     welfare roll.  The State interest in the medical                                                                           
     assistance program should be protected and temporary                                                                       
     assistance reimbursement needs to be pursued.  Insurance                                                                   
     companies should not be allowed to go doctor shopping.                                                                     
     (indisc.) and the opinion which results should be taken                                                                    
     into account, but they should never be the basis of                                                                        
     terminating any benefits when there is a medical                                                                           
     dispute...HB 419 falls short in protecting us as injured                                                                   
     workers of Alaska.                                                                                                         
                                                                                                                                
Number 0672                                                                                                                     
                                                                                                                                
JOEL SIGMOND testified via teleconference from Anchorage.  He                                                                   
explained that he used to make between $4,000 and $5,000 per month.                                                             
He was cut down to $800 per month.  He said he is unable to obtain                                                              
food stamps and cannot receive medical insurance for his family                                                                 
because he owns too much.  He said he thinks the insurance company                                                              
should also have to cover an employee's family expenses if they                                                                 
become ill.  He commented that he is about to lose his home.  He                                                                
also stated that he lost $1,200 per month on unemployment that he                                                               
should be reimbursed since he was unable to receive due to a                                                                    
work-related injury.  He indicated that his insurance companies                                                                 
refuses his doctors and he is unable to receive the medical                                                                     
treatment and medication he needs.                                                                                              
                                                                                                                                
Number 0858                                                                                                                     
                                                                                                                                
GERALDINE BODEMAN testified via teleconference from Anchorage.  She                                                             
is an injured worker who has not been able to resolve her claim                                                                 
since 1996 because the system is complicated and hard to                                                                        
understand.  She said if it had not been for the pre-service she                                                                
received from the Alaska Injured Workers Alliance, she would not                                                                
have any meaningful way to proceed her claim.  She asked the                                                                    
committee to please review the recommendations made by Legislative                                                              
Budget and Audit in order to make the process more fair and better                                                              
for injured workers.  She explained that better education programs                                                              
and information for workers is necessary.  She said that legal                                                                  
access and enforcement of laws is essential to make the process                                                                 
fair and accessible to all parties.  She said there are no worker                                                               
attorneys available.  She urged the committee to help protect                                                                   
workers' rights.                                                                                                                
                                                                                                                                
Number 0960                                                                                                                     
                                                                                                                                
MARJORIE LINDER testified via teleconference from Anchorage.  She                                                               
is a vocational rehabilitation counselor in the workers'                                                                        
compensation system.  She stated:                                                                                               
                                                                                                                                
     I served on the WCCA [Workers' Compensation Committee of                                                                   
     Alaska] in 1988 and I helped draft the section [AS                                                                         
     23.30.]041 that became part of the current law.  Because                                                                   
     of this, I offer a unique perspective.  I know that I                                                                      
     have good intentions with these law changes, but, like                                                                     
     Frankenstein, I helped to create a monster.  In 1988,                                                                      
     there was a perception that the law was unbalanced in                                                                      
     favor of injured workers.  Premiums went                                                                                   
     undenied...employers have enjoyed a reduction in premiums                                                                  
     of 41.5 percent according to the recent legislative                                                                        
     audit.  Unfortunately, injured workers have paid the                                                                       
     price.  Today only 300, out of 28,000 workers injured                                                                      
     each year, qualify for the reemployment benefits.  Both                                                                    
     a laborer and an office worker receive as little as                                                                        
     $9,450 for a herniated disk despite the disparate ways                                                                     
     their injury affects them.  The reemployment benefits                                                                      
     attempt to assist the laborer to learn to earn a living                                                                    
     again because he, unlike the office worker, can't return                                                                   
     to his job.  Workers with no ratable impairment are                                                                        
     ineligible for retraining.  This affects office workers,                                                                   
     cannery workers and others with repetitive stress                                                                          
     injuries to their forearms, for instance.  Instead of                                                                      
     curing such problems with the present act, section 7 (r)                                                                   
     of HB 419 seeks to further restrict access to retraining                                                                   
     for injured workers.  It allows workers to forfeit their                                                                   
     reemployment benefits before, and if, they know whether                                                                    
     they will need them and before they know how much they                                                                     
     are worth to them.  Once they have signed in the dotted                                                                    
     line, they cannot retract if they find they are unable to                                                                  
     return to work or continue to work because of their                                                                        
     injury.  And with no legal advice or explanation from                                                                      
     anyone other than their claims adjuster, workers who                                                                       
     don't typically read what they sign, who can't speak                                                                       
     English, who are functionally illiterate, who are on pain                                                                  
     pills, will sign these affidavits as a matter of course,                                                                   
     that they're just papers sandwiched between the others.                                                                    
                                                                                                                                
     Section 7(r)'s irrevocability will invite numerous legal                                                                   
     challenges to be sure.  Like the Miranda warning has                                                                       
     done, this waiver will tie up the legal system for years                                                                   
     to come.  This litigation will cost the State of Alaska                                                                    
     money.  Workers with no way to earn a living will lose                                                                     
     their homes, their savings, and their buying power.                                                                        
     You've heard about that today.  That will hurt, not help                                                                   
     Alaskan businesses.  Section 7(r) of this law is a veiled                                                                  
     attempt by the insurance industries to get the State to                                                                    
     supplement the benefits for which they collect premiums.                                                                   
     Injured workers not adequately served by the                                                                               
     comp[ensation] system will be forced to obtain financial                                                                   
     support for themselves and retraining by the Division of                                                                   
     Public Assistance and DVR [Division of Vocational                                                                          
     Rehabilitation].  That will cost the State of Alaska                                                                       
     money.  As time passes and their resources decrease,                                                                       
     injured workers who are able, will accept inappropriate                                                                    
     employment and put themselves, their co-workers, and                                                                       
     their new employer at risk.  All of them and all of us                                                                     
     will suffer.  Therefore, I urge you to remove section                                                                      
     7(r) from HB 419 to protect the people of Alaska and the                                                                   
     state budget.  One life is a precious thing to waste.                                                                      
                                                                                                                                
Number 1198                                                                                                                     
                                                                                                                                
MURIEL BOWLES testified via teleconference from Anchorage.  She                                                                 
stated:                                                                                                                         
                                                                                                                                
     In the short time that I have been in the workers'                                                                         
     compensation system, I have felt uninformed totally.                                                                       
     There are few educational programs for workers to help us                                                                  
     understand our rights and benefits.  We need better                                                                        
     access to information and legal help.  You need to make                                                                    
     sure that all persons have medical treatment and                                                                           
     benefits.  Agencies such as [Division of] Workers'                                                                         
     Compensation and [the] Division of Insurance must protect                                                                  
     all workers, some self-insured as well as privately                                                                        
     insured.  People with self-insured employers have no                                                                       
     consumer protection measured at all.  It is even harder                                                                    
     for us to secure benefits and medical treatment because                                                                    
     no one sees that our employers act (indisc.).  Without                                                                     
     such oversight, we have less of a chance to get those                                                                      
     benefits.  We need strict enforcement that keeps pace                                                                      
     with inflation and other variables to ensure fairness to                                                                   
     everyone involved.  We need to be able to support                                                                          
     ourselves and our families and return to work quickly...I                                                                  
     stress that we, the injured workers and families of such,                                                                  
     need to be given a fair chance here and I don't see this                                                                   
     bill helping us, yet, it will profit the employer and                                                                      
     their insurance company at our expense.  I strongly                                                                        
     suggest that you will take the time and consider                                                                           
     incorporate the findings of the audit before moving any                                                                    
     further ahead with this bill.  Also, my case was                                                                           
     controverted with a statement referring to a car accident                                                                  
     my son and I had been in after my employer had let me go.                                                                  
     I need to make a note here because they weren't even                                                                       
     taking care of my bills prior to the accident and no one                                                                   
     asked for any details about the accident either.  They                                                                     
     just declined payment for my surgery.  We were merely                                                                      
     bumped while sitting at a red light and I'd been                                                                           
     diagnosed with carpal tunnel, but they controverted my                                                                     
     case because I was in a car accident.                                                                                      
                                                                                                                                
Number 1364                                                                                                                     
                                                                                                                                
HARRY BLANAL testified via teleconference from Anchorage.  He said                                                              
he objects to HB 419.  He noted that HB 419 infringes on Article 7                                                              
of the Alaska State Constitution.  He urged the committee to reject                                                             
HB 419.                                                                                                                         
                                                                                                                                
Number 1810                                                                                                                     
                                                                                                                                
BARBARA SUE ROTH came forward to testify on HB 419, Version.  She                                                               
has been providing vocational rehabilitation services in Alaska                                                                 
since 1983.  She said she would like to speak specifically on the                                                               
waiving of reemployment.  She is in favor of waiving reemployment.                                                              
She stated she has worked with too many injured workers that really                                                             
did not want reemployment benefits.  They participated                                                                          
half-heartedly in the process to perhaps increase the amount that                                                               
they would receive.  She has worked in a voluntary system in six                                                                
other states and has found that people who want these services do                                                               
receive them.  She said, "It makes people come up with a plan and                                                               
they participate and everyone is more happy."                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG said he thinks she is referring to section 7(r).                                                              
                                                                                                                                
MS. ROTH replied that is correct.                                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG asked if Ms. Roth to provide an example of why                                                                
the waiving of benefits is a positive thing.                                                                                    
                                                                                                                                
MS. ROTH explained:                                                                                                             
                                                                                                                                
     I had someone that I met with and they said they did not                                                                   
     want reemployment benefits.  They were going to waive                                                                      
     them.  This is something that happened in the past.                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG interjected and asked, "Why would they do that?"                                                              
                                                                                                                                
MS. ROTH replied:                                                                                                               
                                                                                                                                
     He said that he could get his own job.  That he was                                                                        
     perfectly capable of getting his own job, he was                                                                           
     relocating, his wife worked, that he was not concerned.                                                                    
     So, he waived his benefits and then he moved.  Right                                                                       
     after he moved, he called me two weeks later and said                                                                      
     --oh, and they gave his permanent impairment money -- he                                                                   
     moved, he received that.                                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG asked if the permanent impairment payment is                                                                  
received in a lump sum.                                                                                                         
                                                                                                                                
MS. ROTH said yes.  She further stated:                                                                                         
                                                                                                                                
     He received that.  Two weeks later he called and he                                                                        
     wanted to participate in reemployment benefits.  So, I                                                                     
     called the insurer and they reinstated his right to                                                                        
     participate in this.  The minute I started asking him to                                                                   
     participate in going for vocational testing, he didn't                                                                     
     show and things like.  It turned out then they did settle                                                                  
     with the insurance company for an additional amount of                                                                     
     money and he did not participate in it.  That's just what                                                                  
     has happened in the past.  I have many people that they                                                                    
     would rather get their lump sum and use it as they want                                                                    
     in their family, maybe to pay bills and take care of                                                                       
     their own rehab[ilitation].  There's many, many injured                                                                    
     workers.  I know there are some that can't and that's why                                                                  
     there's the service, but there's many that are able to                                                                     
     find their own jobs.  All they may need is some job                                                                        
     development which is not a part of the act.  If it was,                                                                    
     it'd be different...When you get reemployment benefits,                                                                    
     you get training, and a lot of people, they don't want                                                                     
     more training.  A lot of them don't think they'll                                                                          
     benefit.  A lot of them have many different reasons for                                                                    
     not wanting the training.  All they need is help finding                                                                   
     a job, maybe a new resume, maybe some job-seeking skills.                                                                  
     And we have these wonderful one-stop centers that are                                                                      
     being implemented in the State of Alaska that provide                                                                      
     those services for free.  I do not think providing them                                                                    
     to additional people, the job development and the job                                                                      
     placement and resume, those seminars are regular.  The                                                                     
     size of the class does not increase the cost for the                                                                       
     State.  So, many workers, that's all they need.  They                                                                      
     don't really want or need training.  But once you have                                                                     
     them, you have to provide some type of training, you                                                                       
     can't just offer that service.                                                                                             
                                                                                                                                
Number 2066                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked, "So, someone would go into business rather                                                             
than training if they thought they had the ability or talent...do                                                               
you have an example of that then?"                                                                                              
                                                                                                                                
MS. ROTH answered that many do go into business.  She said she has                                                              
written reemployment for self-employment, but has only done three                                                               
in 16 years.                                                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG asked if a person could get some training.                                                                    
                                                                                                                                
MS. ROTH commented that a person could be sent to small business                                                                
classes.  Many of these type of classes can taken through the Small                                                             
Business Association.                                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG wondered if a person could receive reimbursement                                                              
for doing that.                                                                                                                 
                                                                                                                                
MS. ROTH indicated that is a possibility.                                                                                       
                                                                                                                                
Number 2138                                                                                                                     
                                                                                                                                
THOMAS SMITH testified via teleconference from Anchorage.  He                                                                   
stated:                                                                                                                         
                                                                                                                                
     I am injured worker.  I currently have two injuries.                                                                       
     One's a back injury and one is a foot injury.  I'm                                                                         
     currently collecting benefits from an insurance company                                                                    
     for worker's comp[ensation] benefits.  I was injured over                                                                  
     a year and a half ago after working 10 years for the same                                                                  
     employer.  It became apparent I was not going to be able                                                                   
     to work anymore doing the physical labor my back and foot                                                                  
     injuries precluded me from doing.  I became more reliant                                                                   
     on the workers' comp[ensation] system to help me as the                                                                    
     statutes provide.  I've also been a resident of Anchorage                                                                  
     since 1957, some 43 years.  The reason I bring this up is                                                                  
     because most of the details about the unfairness of this                                                                   
     act are going to come out if they already haven't, but I                                                                   
     want to address maybe kind of like the feelings that                                                                       
     people have about this in general, if I may.  Like I                                                                       
     said, I've been a resident of Anchorage since 1957.                                                                        
     That's some 43 years.  My father and mother brought me up                                                                  
     here when I was just four years old from Seattle.  I met                                                                   
     many of the characters that spice up the nature of this                                                                    
     state.  My father was a friend to many of these men and                                                                    
     women, legislators, governors, senators.  From these                                                                       
     historical figures, I apply many of my values.  At one                                                                     
     point in my life, I actually sat down to lunch with                                                                        
     Senator Gruening and Senator Bartlett while I was a child                                                                  
     at a convention in Washington D.C.  It was quite a                                                                         
     thrill.  I say this because as I read HB 419 and I                                                                         
     understand it, I wonder what some of these great men                                                                       
     would say about HB 419 as its written today.  I wonder                                                                     
     what they would say about Section 7, AS 23.30.041,                                                                         
     stating that "notwithstanding an employee may waive, at                                                                    
     any time, any benefits or rights under this section of                                                                     
     his rehabilitation benefits".  Now, why is that                                                                            
     necessary?  And why would anybody use this kind of                                                                         
     language for something that we have the right to already?                                                                  
     I wonder what these great men would say about a system so                                                                  
     lopsided in favor of insurance companies that the                                                                          
     distinguished bodies of the State of Alaska Legislature                                                                    
     would be reduced to writing words that can only be                                                                         
     considered unfriendly and difficult.  I wonder what                                                                        
     happened to that sense of fairness and justice my father                                                                   
     encountered as a new resident to Alaska in 1957.                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG interjected and said, "In regards to section 7 of                                                             
the bill it says 'may'."  He said he is not sure he understands Mr.                                                             
Smith's point on that.                                                                                                          
                                                                                                                                
MR. SMITH apologized and said he is probably not speaking as                                                                    
clearly as he would like to.                                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG commented that it could be the drafting manual.                                                               
He pointed out that the laws that are written in Alaska are not as                                                              
clear as they should be to the average person.                                                                                  
                                                                                                                                
MR. SMITH referred to section 7 which states that an employee "may                                                              
waive" any benefits or rights.  He said:                                                                                        
                                                                                                                                
     But that's always been our rights.  Why would they                                                                         
     include something like that and make it sound like                                                                         
     they're doing us a big favor or something?  Like, if we                                                                    
     don't waive these rights, something terrible is going to                                                                   
     happen.  Like we're going to be forced to be retrained or                                                                  
     something.  That is confusing to me and, although, I have                                                                  
     a pretty good education, reading these bills...I'm a                                                                       
     little bit challenged.                                                                                                     
                                                                                                                                
                                                                                                                                
TAPE 00-32, SIDE A                                                                                                              
                                                                                                                                
Number 0038                                                                                                                     
                                                                                                                                
ROBERT SULLIVAN testified via teleconference from Anchorage.  He                                                                
stated:                                                                                                                         
                                                                                                                                
     I'm a vocational rehabilitation counselor.  I've been in                                                                   
     the field of vocational rehabilitation counseling for 19                                                                   
     years.  I've worked in two different states under about                                                                    
     four different laws.  I've also worked some with the CHIA                                                                  
     (ph) program early on.  I also do work for social                                                                          
     security administration as a vocational expert.  I got                                                                     
     into the field when vocational rehabilitation laws had                                                                     
     just started.  Prior to that, there wasn't anything in                                                                     
     the law for it and we still received referrals from                                                                        
     insurance companies because they wanted to get them back                                                                   
     to work because they were eating up their medical bill.                                                                    
     So, we don't need a law to get rehab[ilitation]...                                                                         
                                                                                                                                
     ...The two major problems I see with HB 419 are in                                                                         
     section 7(r).  This section opens the door for insurance                                                                   
     companies and employers to apply pressure to the injured                                                                   
     workers and employees to waive their rehabilitation                                                                        
     benefits before they have a clear idea of whether or not                                                                   
     they will need it.  It says "may" and they have the                                                                        
     choice, but I see it opens the door to pressure.  The                                                                      
     waiver, once signed and transmitted, it's irrevocable.                                                                     
     That is, it can't be modified the way other things can be                                                                  
     modified which means that if they finally need it later,                                                                   
     they can't go to the Board and get it modified and get it                                                                  
     at a later date.                                                                                                           
                                                                                                                                
     The way the statute works now, people aren't referred for                                                                  
     ineligibility evaluation until they get close to medical                                                                   
     stability, they're nearing the end of their treatment,                                                                     
     they have a little bit more knowledge of what their                                                                        
     vocational needs might be or whether they're going to                                                                      
     have any or not.  This would eliminate that if it's                                                                        
     utilized early on in the claim.  If it is utilized, then                                                                   
     this is going to lead to some problems.  Injured workers                                                                   
     who cannot return to their usual employment will be                                                                        
     subject to returning to work in unskilled, low-paying                                                                      
     jobs, returning to their usual employment in a hurt                                                                        
     condition.  And you have the rest of it, except for one                                                                    
     thing I added to this.  Number 6, an injured who has                                                                       
     waived his benefits and discovered later that he cannot                                                                    
     return to his employment at the time of injury, may end                                                                    
     up being considered permanently and totally disabled                                                                       
     because he has no means to obtain the skills to return to                                                                  
     work through the statute.                                                                                                  
                                                                                                                                
Number 0337                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG indicated he did not entirely understand Mr.                                                                  
Sullivan's point with respect to number 6.                                                                                      
                                                                                                                                
MR. SULLIVAN clarified:                                                                                                         
                                                                                                                                
     You have the injured worker who waives his benefit early                                                                   
     before he knows he needs it.  They don't think he's going                                                                  
     to need surgery, it comes up that he needs surgery, he                                                                     
     gets a poor result, he's gone on his medical now for four                                                                  
     or five years and he's finally got an attorney, and the                                                                    
     attorney's saying, "Okay, I think my guy is permanently                                                                    
     and totally disabled because he cannot return to work in                                                                   
     his usual and customary employment."  If he has no access                                                                  
     to obtaining other skills that would make him employable                                                                   
     in the labor market because he's already waived them and                                                                   
     its irrevocable, then wouldn't he be declared permanently                                                                  
     and totally disabled?  I'm sure that's going to come up.                                                                   
                                                                                                                                
Number 0437                                                                                                                     
                                                                                                                                
MIKE JENSEN, Workers' Compensation Attorney, testified via                                                                      
teleconference from Anchorage.  He has been in practice for 15                                                                  
years and exclusively represents injured workers in the State                                                                   
Workers' Compensation system.  He explained that numerous hearings                                                              
were held for the past two years with staff from the Governor's                                                                 
Office and members of the Alaska Workers' Compensation Board.  At                                                               
these hearings, many injured workers testified and related to the                                                               
Governor and the Board their personal stories of neglect,                                                                       
nonpayment of benefits, invasion of privacy, loss of dignity and                                                                
other complaints.  He stated:                                                                                                   
                                                                                                                                
     I'd had hoped that after listening to these stories from                                                                   
     all these workers and their families, that legislation                                                                     
     would have been offered to address their concerns.  These                                                                  
     workers did not come to the Governor or the Board with a                                                                   
     tin cup hoping for a handout.  They simply wanted changes                                                                  
     to the act which would address their concerns.                                                                             
     Regrettably, this proposed legislation does not do this,                                                                   
     but it is a step in the right direction.  I do not want                                                                    
     to condemn this effort.  I simply wish to suggest ways to                                                                  
     improve it to meet just some of the concerns expressed by                                                                  
     these workers.  In a most recent legislative audit [Page                                                                   
     19, Legislative Audit Report, October 1999] which found                                                                    
     that circumstances have developed...that limit the                                                                         
     protection the legislature meant to be in place and                                                                        
     strictly enforce to the benefit of workers.  Such                                                                          
     circumstances, that we believe are an unintended                                                                           
     byproduct of the 1988 amendment, have resulted in a                                                                        
     situation where more consideration is provided to                                                                          
     employers and insurance companies than to the injured                                                                      
     workers...I want to personally thank the Ad Hoc Committee                                                                  
     and the Division of Workers' Compensation for their                                                                        
     efforts on behalf of workers who have not seen an                                                                          
     increase in benefits for almost 12 years.  The labor                                                                       
     members of the committee were able to take a step in the                                                                   
     direction as far as increasing temporary, permanent and                                                                    
     death benefits.  Regrettably, what insurers are asking                                                                     
     workers to give up in exchange for these amendments needs                                                                  
     to be addressed.                                                                                                           
                                                                                                                                
     I want to address only several sections which this                                                                         
     proposed legislation seeks to amend, namely [AS                                                                            
     23.30.]041(c) and section [AS 23.30.]107.  Although the                                                                    
     legislative audit found that page 35 from our review it                                                                    
     appears the statute has succeeded in limiting access to                                                                    
     reemployment benefits.  This proposed legislation would                                                                    
     find another way of totally removing access to                                                                             
     reemployment benefits.  The proposed amendment to [AS                                                                      
     23.30.]041(c) proposes another way for workers to lose                                                                     
     access.  They will be asked to do this without any                                                                         
     guarantee that that such waiver is:  1. informed and 2.                                                                    
     made only with an appreciation of the seriousness of the                                                                   
     disability.  Workers need to have an appreciation of the                                                                   
     seriousness of their injury before any waiver should be                                                                    
     allowed.  The Board currently approves waivers if in the                                                                   
     best interest of the worker.  This should remain                                                                           
     unchanged.  In addition, I have concerns about section                                                                     
     [AS 23.30.] 107.  This act is very complicated as you've                                                                   
     heard today.  The workers are frustrated with the                                                                          
     complexity of the system, regulations and associated time                                                                  
     line which the audit noted at page 23.  This act,                                                                          
     instead, would propose to add additional timeliness,                                                                       
     making the system even more complex.                                                                                       
                                                                                                                                
Number 0717                                                                                                                     
                                                                                                                                
K. SCOTT MCENTIRE, President, Alaska Injured Workers Alliance,                                                                  
testified via teleconference from Anchorage.  He commented:                                                                     
                                                                                                                                
     I myself am an injured worker since 1992.  I'm a                                                                           
     life-long Alaskan.  I was born in Fairbanks.  The                                                                          
     Workers' Compensation Act is an act that I had to educate                                                                  
     myself about and, in turn, am educating other injured                                                                      
     workers.  The Workers' Compensation Division has had its                                                                   
     budget cut, its staff reduced, they've lost most of their                                                                  
     experienced hearing officers, and it is virtually                                                                          
     impossible to get accurate information from the Division.                                                                  
     When an injured worker goes in there, they are disabled,                                                                   
     they are on medications, they're totally confused, and                                                                     
     this system just eats them up.  The Alaska Injured                                                                         
     Workers Alliance has spoken to the Governor about having                                                                   
     representation on new legislation.  We asked to be put on                                                                  
     the ad hoc committee and we were not.                                                                                      
                                                                                                                                
     The Workers' Compensation Act is supposed to be a                                                                          
     prescriptive remedy to promote the promptness and the                                                                      
     efficiency of it.  However, the act itself, has more                                                                       
     procedural bars to disadvantage injured workers so that                                                                    
     they are denied benefits under the act.  This                                                                              
     legislation, in conjunction with other legislation right                                                                   
     now, is a further extension of that.  The ERISA Act, the                                                                   
     Employee Retirement Income and Security Act exempts                                                                        
     workers' compensation...insurance that employers have                                                                      
     when they self-insure, if it's solely for workers'                                                                         
     compensation.  California recently passed legislation to                                                                   
     make sure that the employers were self-insuring solely                                                                     
     for workers' compensation so that they could remain                                                                        
     governed by the state agencies such as the Division of                                                                     
     Insurance.                                                                                                                 
                                                                                                                                
     We now have legislation promoting group self-insurance                                                                     
     that the director of the Division of Insurance, using the                                                                  
     existing regulations, has virtually no power to enforce,                                                                   
     they do not enforce any insurance regulations right now                                                                    
     against self-insured employers, this is just further                                                                       
     extending it to smaller group insurance plans.  The wage                                                                   
     rates are still an argument as to what constitutes a                                                                       
     wage, what should be counted for compensation, whether                                                                     
     health and welfare, pension plans, what vesting means,                                                                     
     whether accrued leave, overtime at premium pay, or shift                                                                   
     differential should be included.  This legislation                                                                         
     doesn't address any of those.  The notion of going to a                                                                    
     fee-funded service and then basing it on a percentage of                                                                   
     the annual reports filed under AS 23.30.155(m)or (n) do                                                                    
     not reflect that the Division gets, (indisc.) at its                                                                       
     annual meeting last year, passed a regulation granting                                                                     
     greater leniency in the accuracy of those because the                                                                      
     Division itself creates more errors internally than the                                                                    
     insurance companies filing those reports.  So, those                                                                       
     reports are not accurate and should not be used a basis                                                                    
     for any percentage of payment of fees.                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG suggested that Mr. McEntire peruse Version G of                                                               
HB 419.  He said Version G does provide for the counting of                                                                     
overtime and premium wages.                                                                                                     
                                                                                                                                
MR. MCENTIRE replied that it does not include accrued leave.  He                                                                
commented, "If you're working for an employer who you accrue leave                                                              
time based on, for instance, 3.2 hours per pay period, that is a                                                                
benefit.  That is another reason why you're working for that                                                                    
employer and those are not included."                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG answered, "Well, that's right because we don't                                                                
want the premiums go to Mars."                                                                                                  
                                                                                                                                
MR. MCENTIRE said he does not think it has been demonstrated that                                                               
they would go to Mars.                                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG indicated that HB 419 would be held in committee.                                                             
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
Number 1099                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG adjourned the House Labor and Commerce Standing                                                               
Committee at 5:41 p.m.                                                                                                          

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