Legislature(2019 - 2020)BARNES 124

04/05/2019 03:15 PM LABOR & COMMERCE

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Audio Topic
03:19:57 PM Start
03:20:47 PM Confirmation Hearing(s): Board of Nursing
03:44:59 PM HB30
04:08:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
Consideration of Governor's Appointees: Board of
Nursing
-- Public Testimony <Time Limit May Be Set> --
+= HB 30 WORKERS' COMP: DEATH; PERM PARTIAL IMPAIR TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
          HOUSE LABOR AND COMMERCE STANDING COMMITTEE                                                                         
                         April 5, 2019                                                                                          
                           3:19 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
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                                                                                       
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
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