Legislature(2019 - 2020)BARNES 124
04/05/2019 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| Board of Nursing | |
| HB30 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 30 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
April 5, 2019
3:19 p.m.
MEMBERS PRESENT
Representative Adam Wool, Co-Chair
Representative Sara Hannan
Representative Louise Stutes
Representative Josh Revak
Representative Dave Talerico
MEMBERS ABSENT
Representative Gabrielle LeDoux, Co-Chair
Representative Zack Fields
COMMITTEE CALENDAR
CONFIRMATION HEARING(S):
Board of Nursing
Marisha Dieters - Eagle River
Wendy Monrad - Anchorage
- HEARD & HELD
HOUSE BILL NO. 30
"An Act relating to the exclusiveness of liability of an
employer in the case of death; relating to the payment of
workers' compensation benefits in the case of permanent partial
impairment; relating to notice of workers' compensation death
benefits; relating to the payment of workers' compensation death
benefits payable to a child of an employee where there is no
surviving spouse; relating to the payment of workers'
compensation death benefits for an employee without a surviving
spouse or child; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 30
SHORT TITLE: WORKERS' COMP: DEATH; PERM PARTIAL IMPAIR
SPONSOR(s): REPRESENTATIVE(s) JOSEPHSON
02/20/19 (H) PREFILE RELEASED 1/11/19
02/20/19 (H) READ THE FIRST TIME - REFERRALS
02/20/19 (H) L&C, FIN
03/25/19 (H) L&C AT 3:15 PM BARNES 124
03/25/19 (H) Heard & Held
03/25/19 (H) MINUTE(L&C)
03/29/19 (H) L&C AT 3:15 PM BARNES 124
03/29/19 (H) -- MEETING CANCELED --
04/05/19 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
MARISHA DIETERS, Appointee
Board of Nursing
Eagle River, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Nursing.
WENDY MONRAD, Appointee
Board of Nursing
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the Board of
Nursing.
ASHLEY STRAUCH, Staff
Representative Adam Wool
Alaska State Legislature
POSITION STATEMENT: On behalf of Representative Wool,
introduced the committee substitute for HB 30, Version S.
REPRESENTATIVE ANDY JOSEPHSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor of HB 30, answered
questions from the committee.
ELISE SORUM-BIRK
Staff, Representative Andy Josephson
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
30, on behalf of Representative Josephson, prime sponsor.
ACTION NARRATIVE
3:19:57 PM
CO-CHAIR ADAM WOOL called the House Labor and Commerce Standing
Committee meeting to order at 3:19 p.m. Representatives Hannan,
Stutes, Revak, Talerico and Wool were present at the call to
order.
^CONFIRMATION HEARING(S):
^Board of Nursing
CONFIRMATION HEARING(S):
Board of Nursing
3:20:47 PM
CO-CHAIR WOOL announced that the first order of business would
be confirmation hearings for appointees to the Board of Nursing.
3:21:00 PM
MARISHA DIETERS, Appointee, Board of Nursing, informed the
committee that she graduated from the University of Alaska and
received her master's degree in nursing from Frontier Nursing
University. She stated that she currently works as a specialty
nurse at the Alaska Native Medical Center (ANMC) focusing on
wound and ostomy care. Her interest in serving on the board
stems from her desire to support high quality nursing care in
Alaska.
3:21:54 PM
REPRESENTATIVE HANNAN questioned Ms. Dieters' eligibility to
hold a registered nurse (RN) seat on the board since she had
advanced her career to become a nurse practitioner (NP).
MS. DIETERS said that, in Alaska, all NPs are required to
maintain their licensure as an RN, adding that she was unsure if
her advancement disqualified her. She stated that when she
initially applied for the seat the board's executive
administrator didn't indicate that her new degree would be a
problem.
REPRESENTATIVE HANNAN related that RNs want to make sure it is a
RN filling that designated seat on the board rather than an
advanced practice registered nurse (APRN), which has its own
specified seat. She asked if Ms. Dieters would be able to hold
the viewpoints of a RN regardless of her career advancement.
MS. DIETERS explained that she has 8 years of experience working
as a RN in various areas of nursing. She further noted that she
is still working as a RN at her current job and hasn't yet
changed her role to a NP. She addressed the differences between
NPs and RNs. She said NPs can diagnose, treat, and write
orders, which a RN is not allowed to do. she added that she
understands the needs and limitations of the RN position and is
willing to represent RNs appropriately even though she has an
advanced degree.
3:25:09 PM
REPRESENTATIVE STUTES opined that, as a NP, Ms. Dieters would be
more of an advantage than a detriment to the board because of
her additional education.
MS. DIETERS said she understands the argument that, as a NP, she
no longer understands the job of a RN; however, she emphasized
that she worked as a RN for 8 years. She added that she just
recently became a NP and hasn't started working in that position
yet. She encouraged anyone more qualified to apply for the seat
instead.
3:27:38 PM
REPRESENTATIVE TALERICO echoed the sentiments of Representative
Stutes.
CO-CHAIR WOOL stated that, initially, he didn't see any problem
with a member having more qualifications; however, after
speaking with people in the profession who preferred a candidate
with "more boots on the ground" as opposed to someone with a
different job classification, he understands the complaint. He
inquired as to the composition of the board.
MS. DIETERS said there is one one APRN, one educator, two RNs,
two public seats, and one licensed practical nurse (LPN).
CO-CHAIR WOOL thanked Ms. Dieters for being upfront and honest,
adding that he would like to hear from someone with a different
perspective before he passed her name along to the joint
session.
3:30:49 PM
REPRESENTATIVE HANNAN asked how the board of nursing could help
Alaskans deliver primary care via telemedicine across Alaska.
MS. DIETERS reflected on her experience working with
telemedicine in a rural hospital in Bethel. She said that when
she begins working as a NP one of her goals will be trying to
incorporate telemedicine into her own practice. She stated that
she is a supporter of telemedicine and telehealth and would like
to see more NPs involved with it.
3:34:11 PM
WENDY MONRAD, Appointee, Board of Nursing, informed the
committee that she is a certified registered nurse anesthetist
(CRNA), which is one of the four roles defined under the APRN
title. She stated that she has worked at the ANMC for 12 years.
Her interest in joining the board of nursing stems from her
experience pitching projects to the board over the last several
years working at ANMC. She further noted that she serves on the
Alaska Association of Nurse Anesthetists' board of directors and
was involved with the APRN Alliance and their participation in
revising regulations for the board of nursing during the
drafting of SB 53.
CO-CHAIR WOOL, referring to Ms. Monrad's involvement with the
board of nursing over the last several years, asked what her
takeaway was.
MS. MONRAD said it was a positive experience and brought
favorable change to the ANMC's practices, which improved patient
care. She added that she was impressed with the board's
knowledge and how they protect the public.
3:38:45 PM
REPRESENTATIVE HANNAN, referencing the legislative audit on the
board of nursing, asked about the board's ability to oversee and
review the 22 CNA instructional programs across the state in a
timely matter and to respond to "other deficits in functions to
demonstrate some leadership for the industry."
MS. MONRAD explained that the board reviewed multiple cases
related to the CNA [training] programs during their first
meeting. She reflected on her experience working with CNAs in
the air force, adding that they were a critical part of the
team. She emphasized the importance of knowing they can perform
their assigned tasks.
CO-CHAIR WOOL asked what role Ms. Monrad had in the drafting of
SB 53.
MS. MONRAD explained that SB 53 was the APRN legislation, which
pooled all the advanced practice nurses together under the same
title of Advanced Practice Registered Nurse (APRN). Under SB 53
nurse practitioner (NP), certified registered nurse anesthetist
(CRNA), certified nurse midwife (CNM), and certified nurse
specialist (CNS) are all encompassed under the title of APRN.
CO-CHAIR WOOL announced that he would withhold passing both
names on to the joint session until speaking with someone about
the composition of the Board of Nursing and the different seats.
He noted that this was no reflection of future action and both
names would be forwarded at a later date.
3:44:44 PM
The committee took a brief at-ease.
HB 30-WORKERS' COMP: DEATH; PERM PARTIAL IMPAIR
3:44:59 PM
CO-CHAIR WOOL announced that the final order of business would
be HOUSE BILL NO. 30, "An Act relating to the exclusiveness of
liability of an employer in the case of death; relating to the
payment of workers' compensation benefits in the case of
permanent partial impairment; relating to notice of workers'
compensation death benefits; relating to the payment of workers'
compensation death benefits payable to a child of an employee
where there is no surviving spouse; relating to the payment of
workers' compensation death benefits for an employee without a
surviving spouse or child; and providing for an effective date."
3:46:10 PM
ASHLEY STRAUCH, Staff, Representative Adam Wool, introduced the
committee substitute for HB 30 and explained the changes. She
stated that the CS makes two major deletions to the previous
version of the bill. First, the benefit is no longer linked to
the Consumer Price Index (CPI). The second major change
eliminates the option to file suit against an employer. All
that remains in the current bill, she said, is the death benefit
monetary payout.
3:46:59 PM
REPRESENTATIVE STUTES moved to adopt the proposed committee
substitute (CS) for HB 30, labeled 31-LS0280\S, Marx, 4/3/19, as
the working draft.
3:47:25 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature,
reviewed the fundamentals of HB 30. He stated that the bill
updates Permanent Partial Impairment (PPI) ratings to reflect
inflation, updates a death benefit for dependents that are not
part of a nuclear family, and creates a new death benefit for
single, childless people.
REPRESENTATIVE STUTES asked if there was a death benefit for an
individual who dies on the job with no surviving heirs.
REPRESENTATIVE JOSEPHSON answered yes, in that event the death
benefit would go to the estate.
REPRESENTATIVE STUTES asked what the benefit amount would be in
that scenario.
REPRESENTATIVE JOSEPHSON said 120,000 dollars.
3:50:37 PM
ELISE SORUM-BIRK, Staff, Representative Andy Josephson, noted
that 120,000 dollars is the same amount that would go to a
surviving parent.
REPRESENTATIVE STUTES inquired as to how that number was
determined.
REPRESENTATIVE JOSEPHSON explained that when updating the
original 20,000-dollar benefit from 1968, inflation would make
it 150,000 dollars today. He pointed out that exceeding that
number would be illogical because the original benefit included
actual dependents.
3:51:47 PM
CO-CHAIR WOOL asked Representative Josephson if the committee
substitute meets his approval.
REPRESNTATIVE JOSEPHSON answered yes.
CO-CHAIR WOOL summarized the changes. He said the amounts are
updated, if the deceased individual is childless and without
dependents the benefit would go to his or her parents, and if
the deceased individual is childless and parentless the benefit
would go to his or her estate. He asked if that was all the
changes.
REPRESENTATIVE JOSEPHSON pointed out that there is one more
change at the end of the bill. He explained that, under current
law, if an individual who is nearing 18 years old loses a parent
at work and has no other surviving parent, they wouldn't receive
a benefit. However, the current bill changes that to allow the
individual to receive some workers' compensation benefit through
age 23.
3:53:33 PM
REPRESENTATIVE STUTES asked if the workers' compensation benefit
would be additional to a death benefit.
REPRESENTATIVE JOSEPHSON answered no.
3:53:48 PM
REPRESENTATIVE HANNAN questioned whether five years of workers'
compensation exceeds 120,000 dollars and, if not, why that
individual wouldn't receive the same benefit as the estate.
REPRESENTATIVE JOSEPHSON said he was unsure.
REPRESENTATIVE HANNAN asked if the five years of weekly average
earnings is paid out in a lump sum or gradually over the five
years.
3:54:41 PM
MS. SORUM-BIRK replied that it is paid over the course of those
years. She noted that it takes existing worker's compensation
benefits that the individual would receive as a child and
extends it for another five years.
CO-CHAIR WOOL asked about a scenario in which the dependent of
the deceased is a minor, he questioned whether he or she would
receive the 120,000 dollars or a different benefit.
REPRESENTATIVE JOSEPHSON replied that, under current law, the
amount would be 100 percent of the spendable weekly wage for an
only child without any parents.
CO-CHAIR WOOL asked when a widow would receive the death benefit
if they are also getting a percentage of the weekly wage.
REPRESENTATIVE JOSEPHSON explained that the death benefit only
applies to dependents of the deceased individual who are not
part of his or her nuclear family. The only other death
benefit, he said, is the one created under the current bill for
a single, childless person. He added that the benefits that
could be paid out over a long period of time to a widow with
several young children is 850,000 dollars to upwards of one
million dollars.
4:00:29 PM
REPRESENTATIVE STUTES sought clarification on what kind of
benefits a mother and child would receive if the father were to
die on the job.
REPRESENTATIVE JOSEPHSON replied that the benefits would run
concurrently.
REPRESENTATIVE STUTES questioned whether both individuals, the
mother and the child, would receive benefits.
REPRESENTATIVE JOSEPHSON explained that the mother would manage
the child's share of the spendable weekly wage; however, if the
child is 18 there is no clear answer.
4:03:39 PM
CO-CHAIR WOOL offered his understanding that once the child
turns 18, they would receive their share of the check directly.
REPRESENTATIVE JOSEPHSON emphasized the simplicity of the
current bill. He reiterated that it updates PPI, updates the
1968 death benefit to account for inflation, and creates a new
death benefit for childless, unmarried people.
4:06:14 PM
REPRESENTATIVE STUTES questioned whether there could be clarity
added for individuals who turn 18 years old.
REPRESENTATIVE JOSEPHSON replied that last year the bill was
adjusted to accommodate circumstances where the parents are
divorced to prevent "family feuds."
4:07:08 PM
REPRESENTATIVE HANNAN encouraged finding resolution to these
questions. She pointed out that the current reality is that
"many workers may not live in a household with the legal benefit
of spousal definition under the law." She added that families
and households today look demographically very different than
they did in 1968.
4:08:19 PM
CO-CHAIR WOOL announced that HB 30 was held over.
4:08:38 PM
REPRESENTATIVE WOOL ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:08 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Wendy Monrad_Redacted.pdf |
HL&C 4/5/2019 3:15:00 PM HL&C 4/15/2019 3:15:00 PM |
|
| HLC Letters of Support Wendy Monrad.pdf |
HL&C 4/5/2019 3:15:00 PM HL&C 4/15/2019 3:15:00 PM |
|
| Marisha Dieters_Redacted.pdf |
HL&C 4/5/2019 3:15:00 PM HL&C 4/15/2019 3:15:00 PM |
|
| HLC Letters of Opposition Marisha Deiters.pdf |
HL&C 4/5/2019 3:15:00 PM HL&C 4/15/2019 3:15:00 PM |
|
| HB 30.Bill Version S DRAFT.pdf |
HL&C 4/5/2019 3:15:00 PM HL&C 4/8/2019 3:15:00 PM |
HB 30 |
| HB 30.Sponsor Statement.pdf |
HL&C 3/25/2019 3:15:00 PM HL&C 4/5/2019 3:15:00 PM HL&C 4/8/2019 3:15:00 PM |
HB 30 |
| HB 30.Sectional Analysis.pdf |
HL&C 3/25/2019 3:15:00 PM HL&C 4/5/2019 3:15:00 PM |
HB 30 |
| HB 30.Backup PPI Cost Increase Estimate.pdf |
HL&C 3/25/2019 3:15:00 PM HL&C 4/5/2019 3:15:00 PM HL&C 4/8/2019 3:15:00 PM |
HB 30 |