Legislature(2021 - 2022)SENATE FINANCE 532

04/29/2021 09:00 AM Senate FINANCE

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09:17:26 AM Start
09:18:31 AM SB93
10:41:38 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 93 HEALTH INS. ALL-PAYER CLAIMS DATABASE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  SENATE FINANCE COMMITTEE                                                                                      
                       April 29, 2021                                                                                           
                          9:17 a.m.                                                                                             
                                                                                                                                
                                                                                                                                
9:17:26 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Bishop called the  Senate Finance Committee meeting                                                                    
to order at 9:17 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Click Bishop, Co-Chair                                                                                                  
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lyman Hoffman                                                                                                           
Senator Natasha von Imhof                                                                                                       
Senator Bill Wielechowski                                                                                                       
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
                                                                                                                                
Senator Donny Olson                                                                                                             
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Lori   Wing-Heier,   Director,    Division   of   Insurance,                                                                    
Department of Commerce, Community and Economic Development.                                                                     
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Nancy  Giunto,  Washington  Health  Alliance,  Seattle,  WA;                                                                    
Elizabeth  Ripley,   President,  Matsu   Health  Foundation,                                                                    
Wasilla;  John Freedman,  President,  Freedman Health  Care,                                                                    
Massachusetts;  Fred  Brown,   Executive  Director,  Pacific                                                                    
Health Coalition,  Anchorage; Patrick Shier,  Pacific Health                                                                    
Coalition,  Wasilla;   Peter  Hayes,   Healthcare  Purchaser                                                                    
Alliance of  Maine, Maine; Sandra Heffern,  Effective Health                                                                    
Design,  Anchorage;  Bethany  Marcum, Alaska  Policy  Forum,                                                                    
Anchorage.                                                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 93     HEALTH INS. ALL-PAYER CLAIMS DATABASE                                                                                 
                                                                                                                                
          SB 93 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
                                                                                                                                
SENATE BILL NO. 93                                                                                                            
                                                                                                                                
     "An Act relating to the establishment of an all-payer                                                                      
     health claims database; and providing for an effective                                                                     
     date."                                                                                                                     
                                                                                                                                
9:18:31 AM                                                                                                                    
                                                                                                                                
Co-Chair Bishop  noted that  SB 93 was  being heard  for the                                                                    
first time. He expressed his  intention to hear and hold the                                                                    
bill.                                                                                                                           
                                                                                                                                
9:19:29 AM                                                                                                                    
                                                                                                                                
LORI   WING-HEIER,   DIRECTOR,    DIVISION   OF   INSURANCE,                                                                    
DEPARTMENT OF COMMERCE,  COMMUNITY AND ECONOMIC DEVELOPMENT,                                                                    
discussed a presentation entitled "CSSB 93" (copy on file).                                                                     
                                                                                                                                
Ms. Wing-Heier looked  at slide 2, "Health  Care   Quadruple                                                                    
Aim," She  commented that  the topic of  the cost  of health                                                                    
care  had   been  a  focus   of  the  legislature   and  the                                                                    
administration for  years. She  shared since 2014,  when she                                                                    
became  director of  the insurance  division, there  had not                                                                    
been  a   legislative  session  in  which   discussions  had                                                                    
occurred,  or  bills had  been  introduced,  to address  the                                                                    
concerns  of  the  costs  and access  to  health  care.  She                                                                    
observed that  there were  56 bills  related to  health care                                                                    
currently at play during the  legislative session. She spoke                                                                    
the  slide and  of the   quadruple aim   of the  health care                                                                    
community:  improved   patient  experience,   better  health                                                                    
outcomes,   lower  cost   of   care,   and  improved   staff                                                                    
experience.  She relayed  that two  of the  sections of  the                                                                    
quadruple aim,  better health care  outcomes and  lower cost                                                                    
of  care,  could  be  addresses  with  an  all-payer  claims                                                                    
database.  She  said  that  the  other  two     the  patient                                                                    
experience and  the provider experience, could  be addressed                                                                    
in time.                                                                                                                        
                                                                                                                                
9:21:22 AM                                                                                                                    
                                                                                                                                
Ms.   Wing-Heier  spoke   to  slide   3,  "Broad   Community                                                                    
Involvement":                                                                                                                   
     ?Administration and the Legislature                                                                                        
     ?Congressional delegation                                                                                                  
     ?Tribal partners                                                                                                           
   ?Chamber of Commerce and other business organizations                                                                        
     ?Alaska Healthcare Transformation Project                                                                                  
     ?Alaskans for Sustainable Healthcare Costs                                                                                 
     ?Alaska Policy Forum                                                                                                       
     ?Mat-Su Health Foundation                                                                                                  
    ?Municipalities, School Districts, and Universities                                                                         
     ?Insurance companies and insurance brokers                                                                                 
     ?Providers                                                                                                                 
                                                                                                                                
Ms. Wing-Heier  said that discussions  had occurred  among a                                                                    
broad range of health care community members.                                                                                   
                                                                                                                                
9:22:03 AM                                                                                                                    
                                                                                                                                
Ms.  Wing-Heier  referenced  slide   4,  "What  is  missing?                                                                    
Organized, succinct data":                                                                                                      
                                                                                                                                
     Sources of Data                                                                                                            
                                                                                                                                
     ?AlaskaCare                                                                                                                
     ?Medicaid                                                                                                                  
     ?Medicare                                                                                                                  
     ?Insurance Companies                                                                                                       
     ?Third-Party Administrators                                                                                                
     ?Trusts and other Self-Insured Plans                                                                                       
                                                                                                                                
Ms.  Wing-Heier  thought  the  bill  would  be  a  start  in                                                                    
beginning to address the cost  of healthcare in an efficient                                                                    
manner. She  estimated that if the  bill passed immediately,                                                                    
it would be  three to five years before  data was available,                                                                    
which meant that the longer  the legislation languished, the                                                                    
longer it  would take to  make improvements in  health care.                                                                    
She discussed the various data  needed to assess health care                                                                    
needs  in the  state and  lamented  that there  was not  one                                                                    
depository for consolidating data.                                                                                              
                                                                                                                                
9:23:10 AM                                                                                                                    
                                                                                                                                
Ms. Wing-Heier turned to slide  5, "Many Reports   No Data,"                                                                    
which  showed images  of health  care  reports ranging  from                                                                    
2009  to  2020.    She  relayed that  the  state  had  spent                                                                    
thousands of dollars over many years to study health care.                                                                      
                                                                                                                                
9:23:39 AM                                                                                                                    
                                                                                                                                
Ms.  Wing-Heier  considered  slide 6,  "Alaska  Health  Care                                                                    
Commission  and  others."  She asserted  that  informational                                                                    
reports  on all  fronts seemed  to  point to  an all  payer-                                                                    
claims   database.  She   stressed  that   the  number   one                                                                    
constituent  and   consumer  complaint  was  the   cost  and                                                                    
affordability of health care in Alaska.                                                                                         
                                                                                                                                
9:24:09 AM                                                                                                                    
                                                                                                                                
Ms. Wing-Heier  displayed slide  7, "What  is an  All Payer-                                                                    
Claims Data Base?":                                                                                                             
                                                                                                                                
     An  All-Payer  Claims  Data  Base  (APCD)  is  a  large                                                                    
     database  that  includes medical,  pharmaceutical,  and                                                                    
     dental claims.   These  databases are  hosted, directly                                                                    
     or through a contract, by states.                                                                                          
                                                                                                                                
     Public  (i.e.   Medicaid)  and  private   payors  (i.e.                                                                    
     insurance companies  and third-party  adjusters) submit                                                                    
     the data,  in a pre-determined standard  format, to the                                                                    
     state.                                                                                                                     
                                                                                                                                
Ms.  Wing-Heier  stressed that  the  data  for the  proposed                                                                    
database was  already in existence.  She discussed  the type                                                                    
of  data that  the proposed  aggregation would  include. She                                                                    
stressed   that  the   data   would   not  have   personally                                                                    
identifiable information. She noted  that the format for the                                                                    
data would be                                                                                                                   
                                                                                                                                
9:25:46 AM                                                                                                                    
                                                                                                                                
Ms. Wing-Heier highlighted slide  8, "Who has an established                                                                    
APCD?" The slide  showed a map of the  United States colored                                                                    
according to  which states had  adopted an  all-payer claims                                                                    
database or had expressed interest.                                                                                             
                                                                                                                                
9:26:05 AM                                                                                                                    
                                                                                                                                
Ms. Wing-Heier  looked at slide  9, "If  not now, when?   If                                                                    
not us, who?":                                                                                                                  
                                                                                                                                
     If we  are to continue  with our partners,  towards the                                                                    
     Quadruple  Aim of  Health Care    we  need to  take the                                                                    
     first step.                                                                                                                
     And  the No  Surprise Bill  Act under  the Consolidated                                                                    
     Appropriation  Act of  2021    just  gave  us a  gentle                                                                    
     nudge.                                                                                                                     
                                                                                                                                
9:26:41 AM                                                                                                                    
                                                                                                                                
Ms. Wing-Heier addressed slide 10,  "2020 No Surprise Bill,"                                                                    
which  showed images  of  bill pages.  She  shared that  the                                                                    
Congressional  delegation had  been  working  to fix  health                                                                    
care.                                                                                                                           
                                                                                                                                
9:27:02 AM                                                                                                                    
                                                                                                                                
Ms. Wing-Heier advanced  to slide 11, "What  the No Surprise                                                                    
Bill provides":                                                                                                                 
                                                                                                                                
     ?Provides  a  structure  to protect  consumers  against                                                                    
     surprise medical  bills and  determining out-of-network                                                                    
     provider payments including air ambulances                                                                                 
     ?Notice and  consent provisions for balance  billing of                                                                    
     non-emergency  services by  non-participating providers                                                                    
     at participating facilities                                                                                                
     ?Establishes requirements for provider directories                                                                         
     ?Establishes   a   dispute   resolution   process   for                                                                    
     uninsured                                                                                                                  
       rovides guidance for continuity of care                                                                                  
     ?Requires  insurers and  other  plans to  have a  price                                                                    
     comparison tool                                                                                                            
     ?Modifies requirement on insurance cards                                                                                   
     ?Requires plans  to provide  an advance  explanation of                                                                    
     benefits                                                                                                                   
     ?Encourages  All-Payer  Claims Databases  and  provides                                                                    
     grants up to $2.5 million to each state                                                                                    
                                                                                                                                
Ms. Wing-Heier discussed the benefits  under the No Surprise                                                                    
Bill.                                                                                                                           
                                                                                                                                
9:28:30 AM                                                                                                                    
                                                                                                                                
Ms. Wing-Heier  looked at  slide 12,  "An APCD  provision in                                                                    
the  No Surprise  Bill."    She relayed  that  of the  5,500                                                                    
pages, 15 pages  referenced the APCD. She said  that the U.S                                                                    
Secretary of  Labor would  set the format  for the  APCD and                                                                    
was  the  qualifying factor  that  the  state would  use  to                                                                    
receive the $2.5 million grant.                                                                                                 
                                                                                                                                
Co-Chair Bishop understood that the grant would come form                                                                       
the U.S. Department of Labor.                                                                                                   
                                                                                                                                
Ms. Wing-Heier corrected that the grant would come from the                                                                     
U.S Department of Treasury.                                                                                                     
                                                                                                                                
Ms. Wing-Heier showed slide 13, "APCD        Grants - $2.5                                                                      
million":                                                                                                                       
                                                                                                                                
     The state shall submit  an application, containing such                                                                    
     information  as the  Secretary specifies  including how                                                                    
     the state  will ensure uniform data  collection and the                                                                    
     privacy and security of data.                                                                                              
                                                                                                                                
9:29:23 AM                                                                                                                    
                                                                                                                                
Ms. Wing-Heier referenced slide 14, "Authorized Users":                                                                         
                                                                                                                                
     An  entity  wanting  access  to   the  APCD,  that  has                                                                    
     received a  grant, shall  submit to  the State  APCD an                                                                    
     application for such access which shall include:                                                                           
                                                                                                                                
       n  the  case  of  an  entity  requesting  access  for                                                                    
     research  purposes  a  description   of  the  uses  and                                                                    
     methodologies for evaluating  health system performance                                                                    
     using the APCD; and                                                                                                        
                                                                                                                                
     ?Documentation  of  approval  of  the  research  by  an                                                                    
     institutional  review   board,  if  applicable   for  a                                                                    
     particular plan or research                                                                                                
                                                                                                                                
     ?The   entity  shall   enter  into   a  data   use  and                                                                    
     confidentiality   agreement   with   the   state    the                                                                    
     agreement shall  include a  prohibition on  attempts to                                                                    
     reidentify   and  disclose   individually  identifiable                                                                    
     health    information    and   proprietary    financial                                                                    
     information                                                                                                                
                                                                                                                                
     ?If  the  entity  is   an  employer,  health  insurance                                                                    
     company,  third-party  administrator,  or  health  care                                                                    
     provider requesting  access for the purpose  of quality                                                                    
     improvement or  cost-containment, a description  of the                                                                    
     intended use of the data.                                                                                                  
                                                                                                                                
     ?Employers  and  employer   organizations  may  request                                                                    
     customized   reports,   at   cost,   subject   to   the                                                                    
     requirements  of  privacy,  security,  and  proprietary                                                                    
     financial information.  ?The state shall make                                                                              
     available, to all eligible users, aggregate data sets                                                                      
      free of charge.                                                                                                           
                                                                                                                                
Ms.  Wing-Heier noted  that  the data  would  be subject  to                                                                    
HIPPA compliance.                                                                                                               
                                                                                                                                
9:29:59 AM                                                                                                                    
                                                                                                                                
Senator   Wielechowski  asked   whether  the   grants  being                                                                    
provided would cover  the costs of the health  trust now and                                                                    
into the future.                                                                                                                
                                                                                                                                
Ms.  Wing-Heier  requested   further  clarification  of  the                                                                    
question.                                                                                                                       
                                                                                                                                
Senator  Wielechowski  spoke  to concerns  that  some  costs                                                                    
would be covered now, but  that it was unclear whether costs                                                                    
would be covered in the future.                                                                                                 
                                                                                                                                
Ms.  Wing-Heier affirmed  that the  $2.5  million would  not                                                                    
cover costs into  the future. She thought it  would cost $10                                                                    
million to $13 million to get the database started.                                                                             
                                                                                                                                
Senator  Wielechowski  discussed  return on  investment.  He                                                                    
thought  the  APCD had  been  implemented  in the  State  of                                                                    
Colorado, where  he said information  had been  gathered but                                                                    
nothing had been  done to change behaviors  that would lower                                                                    
health care costs.                                                                                                              
                                                                                                                                
Ms. Wing-Heier stressed that she  did not think the APCD was                                                                    
a  silver  bullet but  considered  that  the database  would                                                                    
allow  for   the  identification  of  certain   trends.  She                                                                    
believed  that it  might  not  bring the  costs  down by  20                                                                    
percent but would  allow the state to  stabilize and examine                                                                    
where  dollars were  spent. She  thought subsequent  invited                                                                    
testimony of  experts would help  to illuminate  the success                                                                    
of similar databases across the country.                                                                                        
                                                                                                                                
9:32:34 AM                                                                                                                    
                                                                                                                                
Senator  Wilson  asked Ms.  Wing-Heier  to  address how  the                                                                    
legislation  would help  with larger  health care  problems,                                                                    
such as the 80th percentile rule, in the state.                                                                                 
                                                                                                                                
                                     th                                                                                         
Ms.  Wing-Heier replied  that the  80   percentile rule  had                                                                    
been  controversial.  She  stated that  the  database  would                                                                    
allow the state  to compare with other  states and Medicare,                                                                    
which  would   allow  for  comparisons  to   establish  cost                                                                    
differences. He  said that identifying surges  of particular                                                                    
illnesses across  the state would  be possible,  which would                                                                    
benefit the overall health of the state.                                                                                        
                                                                                                                                
9:34:08 AM                                                                                                                    
                                                                                                                                
Ms. Wing-Heier turned to slide 15, "Standardized format":                                                                       
                                                                                                                                
     The Secretary shall establish, and periodically                                                                            
     update, a standardized reporting format for voluntary                                                                      
     reporting, by group health plans of:                                                                                       
                                                                                                                                
     ?Medical claims;                                                                                                           
     ?Pharmacy claims;                                                                                                          
     ?Dental claims;                                                                                                            
       ligibility; and                                                                                                          
     ?Provider files                                                                                                            
                                                                                                                                
Ms.  Wing-Heier  clarified  that the  information  would  be                                                                    
deidentified.  She knew  that there  had been  conversations                                                                    
about  data   breaches.  She   assured  the   committee  the                                                                    
information would be protected.                                                                                                 
                                                                                                                                
Co-Chair Bishop asked whether  the  secretary  identified on                                                                    
the slide was the secretary of Labor.                                                                                           
                                                                                                                                
Ms. Wing-Heier answered in the affirmative.                                                                                     
                                                                                                                                
9:35:17 AM                                                                                                                    
                                                                                                                                
Ms.  Wing-Heier considered  slide  16,  "CSSB93    Sectional                                                                    
Analysis":                                                                                                                      
                                                                                                                                
     Section 1 Establishes a new chapter 92 in Title 21                                                                         
     with the following sections: Section 21.92.010 All-                                                                        
     payer claims database (APCD) is established.                                                                               
                                                                                                                                
     (a)Defines the purpose of a statewide APCD:                                                                                
          1)collect and analyze existing health care cost                                                                       
          and quality data;                                                                                                     
          2)create a central repository that is objective                                                                       
          and reliable;                                                                                                         
          3)provide transparent access to health care                                                                           
          information while protecting individual privacy                                                                       
          and proprietary data; and                                                                                             
          4)enable   researchers,   policymakers,  and   the                                                                    
          public  to   make  informed   decisions  regarding                                                                    
          health care.                                                                                                          
     (b)APCD must provide:                                                                                                      
          1) publishable analytics to improve transparency;                                                                     
          2) systematic collection of data; and                                                                                 
          3) enhanced transparency. (c)The director may:                                                                        
          1) require an insurer to submit data;                                                                                 
          2)establish penalties to ensure compliance;                                                                           
          3)create agreements for voluntary reporting;                                                                          
          4)  solicit, receive  and administer  funding from                                                                    
          public and private sources;                                                                                           
          (5)  establish,  by   regulation,  a  schedule  of                                                                    
          reasonable  fees to  be charged  to an  authorized                                                                    
          requestor that  is a business  entity for  the use                                                                    
          and distribution of data from  the database to the                                                                    
          business entity; and                                                                                                  
          6) carry out other activities.                                                                                        
                                                                                                                                
Ms. Wing-Heier affirmed that there was no part of the bill                                                                      
that would require a union trust to submit data.                                                                                
                                                                                                                                
Ms. Wing-Heier continued to address the Sectional Analysis                                                                      
on slide 16:                                                                                                                    
                                                                                                                                
     Section 21.92.020     Selection and duties of lead                                                                         
     organization.                                                                                                              
     (a) By competitive bid, the director shall select an                                                                       
     organization to manage the APCD.                                                                                           
     (b) The selected organization shall:                                                                                       
          1)  apply to  be certified  as a  qualified entity                                                                    
          under  42  C.F.R.  401.703(a) by  the  Centers  of                                                                    
          Medicare and Medicaid;                                                                                                
          2) enter  into a  contract with  a data  vendor or                                                                    
          multiple data vendors  to perform data collection,                                                                    
          processing, aggregation, extracts, and analytics;                                                                     
          3)   be  responsible   for  internal   governance,                                                                    
        management, and operations of the database;                                                                             
          4)  engage  stakeholders  in the  development  and                                                                    
          maintenance of the database;                                                                                          
          5)  provide  an  annual  report  to  the  director                                                                    
          regarding  the  status  of the  database  and  any                                                                    
          recommendations for change;                                                                                           
          6)  establish  a  process for  making  claims  and                                                                    
          other  data from  the database  available for  use                                                                    
          and  distribution   upon  request   to  authorized                                                                    
          users;                                                                                                                
          7)  engage  consumer protection  stakeholders  and                                                                    
          the community in the process  to ensure claims and                                                                    
          other data  from the database  are available  in a                                                                    
          format accessible to all authorized requesters;                                                                       
          8) prepare a health care data report each                                                                             
          calendar year that aggregates and analyzes the                                                                        
          data submitted to the database; and                                                                                   
          9)perform other duties as required by the                                                                             
          director to fulfill the purposes of this chapter                                                                      
                                                                                                                                
9:37:38 AM                                                                                                                    
                                                                                                                                
Senator Wielechowski asked whether Ms. Wing-Heier had                                                                           
stated that participation by a health trust was voluntary.                                                                      
                                                                                                                                
Ms. Wing-Heier answered affirmatively. She said that there                                                                      
was no language in the bill that mandated the trust to                                                                          
provide data.                                                                                                                   
                                                                                                                                
Ms. Wing-Heier continued to address slide 16:                                                                                   
                                                                                                                                
     Section 21.92.030 Confidentiality.                                                                                         
     (a)  The  APCD shall  be  secure  and confidential  and                                                                    
     shall  not   be  subject   to  public   records  public                                                                    
     inspection.   Aggregated information  can be  shared as                                                                    
     provided  in   regulations.  Individually  identifiable                                                                    
     health care information will be confidential; and                                                                          
     (b) Information in the database  will not be subject to                                                                    
     subpoena   in  any   civil,   criminal,  judicial,   or                                                                    
     administrative proceeding.                                                                                                 
                                                                                                                                
     Section 21.92.040 Eligibility for state grants                                                                             
     (a) A  health care insurer  that is required  to submit                                                                    
     health  care data  to  the  statewide all-payer  claims                                                                    
     database  may  not receive  a  state  grant unless  the                                                                    
     insurer submits the data as required in AS 21.92.010.                                                                      
     (b)  A health  care payer  that is  required to  submit                                                                    
     health  care data  to  the  statewide all-payer  claims                                                                    
     database  may  not receive  a  state  grant unless  the                                                                    
     insurer submits the data as required in AS 21.92.010.                                                                      
                                                                                                                                
     Section 21.92.040 Regulations.                                                                                             
     Allows for  the director  of the Division  of Insurance                                                                    
     to adopt regulations.                                                                                                      
                                                                                                                                
9:39:11 AM                                                                                                                    
                                                                                                                                
Co-Chair  Bishop  wanted  to  have  the  Department  of  Law                                                                    
address the section of the bill related to subpoenas.                                                                           
                                                                                                                                
Co-Chair Bishop opened invited testimony.                                                                                       
                                                                                                                                
9:40:11 AM                                                                                                                    
                                                                                                                                
NANCY GIUNTO,  WASHINGTON HEALTH ALLIANCE, SEATTLE,  WA (via                                                                    
teleconference),   spoke   to   her  experience   with   the                                                                    
Washington  Health Alliance.  She  stated that  much of  the                                                                    
work of  the organization  came from  a voluntary  all peers                                                                    
claim  database  started  in   2007.  She  shared  that  her                                                                    
organization  was considered  a  trusted  and neutral  third                                                                    
party. She  reiterated that  all parties  involved submitted                                                                    
demographic   and  pricing   information  voluntarily.   She                                                                    
stressed that security  of patient data was  vital, and many                                                                    
precautions  were   taken  to  ensure   patient  information                                                                    
safety.   She    shared   that   reports    were   developed                                                                    
collaboratively  in   a  robust  committee   structure,  and                                                                    
[participants helped to decide what  was reported and how it                                                                    
was reported. She explained that  employers and union trusts                                                                    
used  the  information  to design  benefits  and  to  inform                                                                    
wellness program initiatives. She  added that providers used                                                                    
the  work in  their quality  improvement efforts  and health                                                                    
care plans  used the data for  marketplace benchmarking. She                                                                    
highlighted two  recent reports that showcased  how the APCD                                                                    
was used in  Washington and how it might be  used in Alaska.                                                                    
She mentioned the Community  Check-Up report, which included                                                                    
data on health care quality  across the State of Washington.                                                                    
The findings had consistently showed  that the door patients                                                                    
walked through was  directly related to the  quality of care                                                                    
they received. She related that  the quality of care between                                                                    
medical  groups  in the  state  varied.  She said  that  the                                                                    
second  report titled,   First Do  No Harm.   She said  that                                                                    
care that  was not based  on clinical evidence  was wasteful                                                                    
and caused harm to  patients either physically, mentally, or                                                                    
financially.  She asserted  that  the  report revealed  that                                                                    
there  were 47  common procedures  and treatments  that were                                                                    
consistently overused by  trusted national clinical experts.                                                                    
She said  that over  a four-year period,  51 percent  of the                                                                    
services measured were  of low value, and  over $703 million                                                                    
had  been spent  on this  unnecessary care  in the  State of                                                                    
Washington. She  stated that there were  several initiatives                                                                    
underway  to  eliminate  wasteful care.  She  applauded  the                                                                    
State  of  Alaska  for considering  APCD  and  offered  full                                                                    
support for passage of the legislation in Alaska.                                                                               
                                                                                                                                
9:44:39 AM                                                                                                                    
                                                                                                                                
Senator von  Imhof asked whether  there were members  of the                                                                    
Washington Health Alliance from Alaska.                                                                                         
                                                                                                                                
Ms.  Giunto answered  affirmatively. She  said that  Primera                                                                    
was a member as well as several others.                                                                                         
                                                                                                                                
Senator von Imhof asked which  union trusts were part of the                                                                    
Washington Health Alliance.                                                                                                     
                                                                                                                                
Ms. Giunto  responded that a group  led by Fred Brown  was a                                                                    
participant. She could not recall the name of the group.                                                                        
                                                                                                                                
Senator  von   Imhof  understood   that  the   Alaska  State                                                                    
Employees  Association and  the  Public  Employees Local  71                                                                    
belonged  to   the  Washington  Health  alliance   and  were                                                                    
participating in the database.                                                                                                  
                                                                                                                                
Ms.  Giunto  explained  that her  organization  worked  with                                                                    
local  AFL-CIOs,  but  she  did not  believe  that  the  two                                                                    
organizations   mentioned   by   Senator  von   Imhof   were                                                                    
participants.                                                                                                                   
                                                                                                                                
9:45:58 AM                                                                                                                    
                                                                                                                                
ELIZABETH  RIPLEY,   PRESIDENT,  MATSU   HEALTH  FOUNDATION,                                                                    
WASILLA (via  teleconference), testified  in support  of the                                                                    
bill. She shared  that Alaska led the nation  in health care                                                                    
costs.  She lamented  that cost  shifting  of rising  health                                                                    
care  costs  by  businesses  and  governments  on  to  their                                                                    
employees kept  wages flat. She  offered the example  of the                                                                    
Mat-Su  School District  where teachers  wages had  not kept                                                                    
pace  with the  cost  of living  because  benefit costs  had                                                                    
increased.  She  asserted  that businesses  and  governments                                                                    
could  not manage  health care  costs because  they did  not                                                                    
know what they  were paying for. She believed  that this was                                                                    
one of  the major  the reasons why  the medical  claims data                                                                    
was needed.  She said that  federal state  transparency laws                                                                    
only  reflected charges;  transparency of  costs and  claims                                                                    
data. would  provide adequate  information for  customers to                                                                    
meaningfully  budget. She  listed  various  reasons why  the                                                                    
claims data  was critical for  improving health care  in the                                                                    
state. She  spoke of the  costs of behavioral  health visits                                                                    
and the difference between the  actual costs versus what was                                                                    
claimed.  She said  that the  claims data  could be  used to                                                                    
inform local  intervention and to  lobby for  regulatory and                                                                    
statutory changes  that would reduce the  cost of healthcare                                                                    
for citizens  and businesses. She  said that  the foundation                                                                    
was committed to the intent  of the legislation. She cited a                                                                    
letter of support for the bill (copy on file).                                                                                  
                                                                                                                                
9:49:41 AM                                                                                                                    
                                                                                                                                
JOHN    FREEDMAN,   PRESIDENT,    FREEDMAN   HEALTH    CARE,                                                                    
MASSACHUSETTS (via teleconference), spoke  in support of the                                                                    
bill. He shared that he  served as a physician, working with                                                                    
his  colleagues  to  help state  government  on  policy  and                                                                    
health care improvements, with a  special focus on APCD. The                                                                    
company  had   been  selected   by  the   Alaska  Healthcare                                                                    
Transformation  Project  to work  on  an  assessment of  the                                                                    
APCD.  He  referenced  a   report  entitled  "Assessing  the                                                                    
Feasibility  of   a  Sustainable  Alaska   All-Payer  Claims                                                                    
Database," (copy on file).                                                                                                      
                                                                                                                                
Mr.  Freedman discussed  that health  data was  necessary to                                                                    
drive  systemic improvement  in  health care  in Alaska.  He                                                                    
shared that  during the current pandemic  several states had                                                                    
used  APCD  to  target   specific  health  interventions  by                                                                    
identifying  the most  at-risk members  of their  population                                                                    
for Covid-19;  additionally, those  states had  also studied                                                                    
trends  in   tele-health  and  examined  varying   costs  by                                                                    
provider and  geographic location. He discussed  the cost of                                                                    
running  an APCD,  including identifying  a lead  non-profit                                                                    
organization with  expertise in data management.  The start-                                                                    
up phase  of an APCD  typically could  take up to  12 months                                                                    
and could cost roughly $200,000  to $300,000 to secure stake                                                                    
holder  participation. He  estimated  that the  foundational                                                                    
year would cost approximately  $1 million. He furthered that                                                                    
once the  APCD started to  generate reports the  annual cost                                                                    
could  increase  $2 million,  depending  on  the volume  and                                                                    
complexity of data  requests. He said that  once the program                                                                    
was at full  operation additional upgrades could  cost up to                                                                    
$1 million in additional funds.                                                                                                 
                                                                                                                                
9:54:36 AM                                                                                                                    
                                                                                                                                
Mr. Freedman  thought given  the recent  federal legislation                                                                    
the proposed bill had good timing.                                                                                              
                                                                                                                                
9:55:00 AM                                                                                                                    
                                                                                                                                
Senator  von Imhof  thought Mr.  Freedman  had indicated  he                                                                    
worked with over 20 states on the issue.                                                                                        
Mr.  Freedman  affirmed that  he  had  worked with  over  20                                                                    
states, most  of which were  continuing, but  that Tennessee                                                                    
had  launched a  program with  a narrow  mandate, which  had                                                                    
proved nonvaluable.                                                                                                             
                                                                                                                                
Co-Chair  Bishop asked  whether  there had  been any  states                                                                    
that had been able to realize savings because of the ACPD.                                                                      
                                                                                                                                
Mr.  Freedman  relayed  that  no states  had  been  able  to                                                                    
publish  documented  savings  in an  analytical  review.  He                                                                    
asserted that  the program offered  other value,  outside of                                                                    
cost  savings, that  benefitted  health  care customers  and                                                                    
providers. He  said that some  of the benefits could  not be                                                                    
charted in a quantifiable manner.                                                                                               
                                                                                                                                
9:57:45 AM                                                                                                                    
                                                                                                                                
Co-Chair  Stedman  wondered  why  states were  not  able  to                                                                    
quantify savings using the data.                                                                                                
                                                                                                                                
Mr. Freedman  replied that health  costs were  volatile from                                                                    
year  to  year,  and  it  was  difficult  to  know  that  an                                                                    
intervention resulting in savings  during any given year was                                                                    
simply coincidental.  He remarked on the  disparate benefits                                                                    
of the APCD.                                                                                                                    
                                                                                                                                
9:59:32 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman commented on  Alaska's unique geography and                                                                    
the different health  care cost structures in  the state. He                                                                    
asked  whether  an  APCD would  help  with  comparing  costs                                                                    
within the state and across the nation.                                                                                         
                                                                                                                                
Mr.  Freedman  stated  that   data  would  enable  immediate                                                                    
comparison of procedure  costs and costs of  care within the                                                                    
state. He  considered that it  would be possible to  use the                                                                    
data to examine  whether care should be  local or otherwise.                                                                    
He mentioned the forthcoming  federal standards, which would                                                                    
allow for better comparison from state to state.                                                                                
                                                                                                                                
10:01:25 AM                                                                                                                   
                                                                                                                                
Senator Wielechowski  was curious  about the  granularity of                                                                    
the data. He asked whether  it would be possible to pinpoint                                                                    
opioid overuse in a small village.                                                                                              
                                                                                                                                
Mr.  Freedman  affirmed that  it  was  possible to  identify                                                                    
local opioid  hotspots or infectious disease  outbreaks down                                                                    
to  the  individual,  without   personal  data.  He  thought                                                                    
another  important   use  case  was  for   benchmarking  and                                                                    
comparing community  practices. He believed that  sharing of                                                                    
data created  the opportunity to raise  standards across the                                                                    
state.                                                                                                                          
                                                                                                                                
10:03:15 AM                                                                                                                   
                                                                                                                                
Ms. Wing-Heier  interjected that she was  quite cognizant of                                                                    
confidentiality  considerations for  the  small villages  in                                                                    
the state and would not aggregate  date to a village of less                                                                    
than  100   people.  She  said  that   communicable  disease                                                                    
outbreaks  in small  communities would  not be  tied to  one                                                                    
small village.                                                                                                                  
                                                                                                                                
Senator Wielechowski  stressed the importance of  the issue.                                                                    
He was concerned that people  that had had abortions, people                                                                    
with  AIDS,  and  people  in   small  communities  could  be                                                                    
targeted for their health care choices and practices.                                                                           
                                                                                                                                
Mr.  Freedman  associated   himself  with  Ms.  Wing-Heier's                                                                    
comment. He stated that  there were well-established privacy                                                                    
protections   under  Alaska   state   law   and  HIPPA.   He                                                                    
acknowledged  Senator   Wielechowski's  valid   concern  and                                                                    
thought other states had handled the issue well.                                                                                
                                                                                                                                
10:06:19 AM                                                                                                                   
                                                                                                                                
Senator von Imhof wanted to point  out that there were 20 or                                                                    
more states  that had started using  an all-claims database,                                                                    
to the point  where a manual had been drafted.  She had been                                                                    
involved with  the issue for  five years and shred  that the                                                                    
question of  economic benefit had  been at the  forefront of                                                                    
discussions.  She  mentioned  the  importance  of  isolating                                                                    
factors  within the  data.  She asserted  that  it was  very                                                                    
difficult to print and  publish definitive economic impacts.                                                                    
She  thought the  database could  provide information  about                                                                    
where dollars were  spent and to compare  regions within the                                                                    
state  and  nation in  order  to  focus  limit fund  in  the                                                                    
highest impact areas.                                                                                                           
                                                                                                                                
10:08:02 AM                                                                                                                   
                                                                                                                                
Senator Wielechowski  wondered whether a provision  could be                                                                    
added that  gave patients the  choice in whether  their data                                                                    
was entered into the database.                                                                                                  
                                                                                                                                
Ms. Wing-Heier replied that she  was not sure how that would                                                                    
work.                                                                                                                           
                                                                                                                                
10:08:45 AM                                                                                                                   
                                                                                                                                
Senator  von Imhof  stated she  was working  on a  potential                                                                    
amendment with a description of  a governance committee. The                                                                    
committee would have no fewer  than 10 members, no more than                                                                    
20,  all  members  would  be Alaskans.  She  said  that  the                                                                    
committee would  be tasked with developing  privacy policies                                                                    
pertaining to the data.                                                                                                         
                                                                                                                                
Co-Chair Bishop asked  if there were more  questions for Dr.                                                                    
Freedman.                                                                                                                       
                                                                                                                                
10:10:45 AM                                                                                                                   
                                                                                                                                
FRED  BROWN, EXECUTIVE  DIRECTOR, PACIFIC  HEALTH COALITION,                                                                    
ANCHORAGE   (via  teleconference),   relayed  that   he  had                                                                    
submitted  written testimony  (copy on  file). He  expressed                                                                    
concern with certain features of  the bill. He thought that,                                                                    
as  had happened  in  Colorado, the  database  could end  up                                                                    
costing the state much more  that the initial federal grant.                                                                    
He referred to slide 18  of the presentation and stated that                                                                    
documentation submitted  in the record suggests  that public                                                                    
sector union  trusts would be  expected to  participate. For                                                                    
example,  the December  9, 2020,  Freedman Healthcare  study                                                                    
recommends  that   all  public  employee  health   plans  be                                                                    
required  to  participate  in  reporting  to  the  APCD.  He                                                                    
wondered   whether  union   trust  participation   would  be                                                                    
mandatory. He worried about penalties  for those who did not                                                                    
chose  to  contribute. He  referred  that  committee to  his                                                                    
written testimony.                                                                                                              
                                                                                                                                
10:16:51 AM                                                                                                                   
                                                                                                                                
Mr. Brown concluded his testimony.                                                                                              
                                                                                                                                
10:17:09 AM                                                                                                                   
                                                                                                                                
Co-Chair Bishop  asked whether Ms. Wing-Heier  could comment                                                                    
on the testifiers concerns.                                                                                                     
Ms. Wing-Heier turned  to slide 18, "Nearly  70% of Alaskans                                                                    
Covered," which showed  a table entitled 'Table  1: Types of                                                                    
Coverage." She stressed that the  union trust data would not                                                                    
be mandated.  She furthered that  the table did  not mandate                                                                    
who  had  to contribute  to  the  database,  but to  show  a                                                                    
representation of the states population.                                                                                        
                                                                                                                                
Mr.  Brown  reiterated that  he  had  a question  about  the                                                                    
intent of the penalty provision  in the grant portion of the                                                                    
bill. He  understood that grants  could be lost due  to lack                                                                    
of participation.                                                                                                               
                                                                                                                                
Ms. Wing-Heier explained that the  provision was intended to                                                                    
apply  to health  insurance companies  and health  insurance                                                                    
payers,   and   not   for    unions.   She   asserted   that                                                                    
municipalities and school districts  were unionized and were                                                                    
not within the data.                                                                                                            
                                                                                                                                
10:19:57 AM                                                                                                                   
                                                                                                                                
Senator von Imhof reiterated that  she had been studying the                                                                    
concept for  many years  and had written  an article  on the                                                                    
subject for  the Alaska  Business Monthly  in 2014.  She had                                                                    
found that there  were many individuals and  entities in the                                                                    
state that  significantly profited  from health care  in the                                                                    
state.  She contended  that there  were many  in the  Alaska                                                                    
health care industry that profited significantly by keeping                                                                     
the   flow  of   dollars  health   care  opaque,   lest  the                                                                    
profiteering they  experienced be  revealed. She  thought if                                                                    
there was hesitancy behind the  APCD, it could indicate that                                                                    
an entity  did not  feel comfortable having  their financial                                                                    
information exposed.                                                                                                            
                                                                                                                                
Senator von  Imhof continued her remarks.  She mentioned the                                                                    
amendment she was  drafting. She said that if  Mr. Brown was                                                                    
concerned  that  public  dollars   would  be  used  for  the                                                                    
database  perhaps, he  could contribute  financially to  the                                                                    
cause.                                                                                                                          
                                                                                                                                
10:21:51 AM                                                                                                                   
AT EASE                                                                                                                         
                                                                                                                                
10:22:03 AM                                                                                                                   
RECONVENED                                                                                                                      
                                                                                                                                
Senator   Wielechowski  wanted   to   give   Mr.  Brown   an                                                                    
opportunity  to respond  to the  assertion that  health care                                                                    
trusts could lose profits due to and APCD.                                                                                      
                                                                                                                                
Mr. Brown affirmed  that the Pacific Health  Coalition was a                                                                    
non-profit organization.                                                                                                        
                                                                                                                                
10:23:11 AM                                                                                                                   
                                                                                                                                
Senator Wilson asserted that "non-profit"  did not mean that                                                                    
an entity did  not make a profit, but rather  the entity had                                                                    
to re-invest  profits. He queried  the total revenue  of the                                                                    
trust.  He understood  that one  trust entity  in the  state                                                                    
averaged $60 million per year.                                                                                                  
                                                                                                                                
Mr. Brown replied that Senator  Wilson as not speaking about                                                                    
any of the trusts in the Pacific Health Coalition.                                                                              
                                                                                                                                
Senator  Wilson  asked  about the  average  revenue  of  the                                                                    
health care trusts under the coalition.                                                                                         
                                                                                                                                
Mr.  Brown agreed  to  follow up  with  the information.  He                                                                    
believed that  the net  income to  the trust  was relatively                                                                    
minimal.                                                                                                                        
                                                                                                                                
10:24:26 AM                                                                                                                   
                                                                                                                                
PATRICK  SHIER,  PACIFIC   HEALTH  COALITION,  WASILLA  (via                                                                    
teleconference),  relayed that  he was  available to  answer                                                                    
questions.                                                                                                                      
                                                                                                                                
10:25:01 AM                                                                                                                   
                                                                                                                                
PETER HAYES,  HEALTHCARE PURCHASER ALLIANCE OF  MAINE, MAINE                                                                    
(via teleconference),  testified that Maine had  had an APCD                                                                    
for three  decades, which had  been privately funded  in the                                                                    
beginning.  He  pivoted to  share  some  success stories  to                                                                    
illustrate the value of the APCD.                                                                                               
                                                                                                                                
Mr.  Hayes  addressed the  importance  of  having the  right                                                                    
provider,  which  he  thought   could  make  the  difference                                                                    
between  life and  death for  patients. He  stated that  the                                                                    
right price was  very important. He relayed  that before the                                                                    
APC  Maine had  some of  the  most unsafe  hospitals in  the                                                                    
                             rd                                                                                                 
country and  was now  rated 3   in the  U.S. for  safety. He                                                                    
shared several anecdotes illustrating  how the APCD data had                                                                    
improved quality and cost of care for patients in Maine.                                                                        
                                                                                                                                
10:29:45 AM                                                                                                                   
                                                                                                                                
Mr. Hayes continued  his remarks. He said  that the tangible                                                                    
benefits of  the APCD  were many.  He expressed  support for                                                                    
the legislation.                                                                                                                
                                                                                                                                
10:32:16 AM                                                                                                                   
                                                                                                                                
SANDRA  HEFFERN,  EFFECTIVE  HEALTH DESIGN,  ANCHORAGE  (via                                                                    
teleconference), explained  that she  was a  consultant with                                                                    
the Alaska  Healthcare Transformation Project.  She asserted                                                                    
that  the  APCD would  assist  in  the endeavor  to  provide                                                                    
reliable and  accurate health care  data that could  be used                                                                    
to inform  how the  state was spending  on health  care, the                                                                    
cost  drivers,  and  to  inform   health  care  policy.  She                                                                    
stressed  that the  fundamental area  that needed  to be  in                                                                    
place  for  market  factors  to  work  in  health  care  was                                                                    
sufficient  information on  price  and  quality. She  shared                                                                    
that in 2019, she had  reviewed over 300 reports and studies                                                                    
that had been completed in the  past ten years on the Alaska                                                                    
health  care system.  The  reports  provided information  on                                                                    
many  of the  issues  facing Alaskans  yet provided  limited                                                                    
generalizable  information that  could  be  used to  address                                                                    
systemic  solutions. She  noted that  recent aggregate  data                                                                    
was  had to  gather and  believed that  an APCD  would be  a                                                                    
beneficial tool.                                                                                                                
                                                                                                                                
Ms.  Heffern continued  her remarks.  She  commented that  a                                                                    
return on investment was hard  to quantify but asserted that                                                                    
states with  an ACPD were  able to pinpoint where  to expend                                                                    
energy and  health care  dollars. She  said the  project had                                                                    
issued  a   request  for  information  from   existing  lead                                                                    
organizations  to see  if there  was  potential interest  in                                                                    
helping Alaska should the establishment  of an APCD be prove                                                                    
successful.  She stated  that  four responses  were used  to                                                                    
craft  a formal  RFP  from the  Division  of Insurance.  The                                                                    
areas included security and privacy  of data. In conclusion,                                                                    
she  recognized that  an ACPD  would not  lower the  cost of                                                                    
healthcare. However, the data  would assist in making policy                                                                    
decisions. She  emphasized that submittal of  information to                                                                    
and APCD would be voluntary.                                                                                                    
                                                                                                                                
10:36:43 AM                                                                                                                   
                                                                                                                                
Ms. Heffern  reiterated that the  information that  could be                                                                    
gleaned from  an APCD would  be invaluable in the  effort to                                                                    
approve the health care of Alaskans.                                                                                            
                                                                                                                                
10:37:22 AM                                                                                                                   
                                                                                                                                
BETHANY   MARCUM,  ALASKA   POLICY  FORUM,   ANCHORAGE  (via                                                                    
teleconference),  asserted   that  many  studies   had  been                                                                    
conducted on  the high  cost of health  care in  Alaska. She                                                                    
said  that good  data would  be required  to understand  the                                                                    
cost drivers. She asserted that  Medicaid data had been used                                                                    
by the federal government to  come to false conclusions. She                                                                    
said that an APCD, as proposed  in the bill, could allow for                                                                    
the  collection of  information  for beneficial  use to  the                                                                    
state. She urged  the committee to consider the  cost of the                                                                    
project.  She hoped  the committee  would  consider how  the                                                                    
project would be  funded into the future.  She cautioned the                                                                    
committee to use  fiscal restraint but also  to consider how                                                                    
the database would benefit the state.                                                                                           
                                                                                                                                
10:40:12 AM                                                                                                                   
                                                                                                                                
Ms.  Wing-Heier  thanked  the committee  members  for  their                                                                    
time. She acknowledged that the  subject was complicated but                                                                    
necessary discussion.                                                                                                           
                                                                                                                                
SB  93  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:41:38 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:41 a.m.                                                                                         
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 93-(S)FINPresentation-DCCED-DOI-04-29-21.pdf SFIN 4/29/2021 9:00:00 AM
SB 93
SB 93 Supporting - Accessing the Feasibility of a Sustainable APCD.pdf SFIN 4/29/2021 9:00:00 AM
SB 93
SB 93 Summary of Changes (Version A to Version B).pdf SFIN 4/29/2021 9:00:00 AM
SB 93
SB 93 Sponsor Statement (Transmittal Letter) 2.23.2021.pdf SFIN 4/29/2021 9:00:00 AM
SHSS 3/23/2021 1:30:00 PM
SB 93
SB 93 Sectional Analysis (Version B).pdf SFIN 4/29/2021 9:00:00 AM
SB 93
SB 93 Opposition ASEA Health Trust.pdf SFIN 4/29/2021 9:00:00 AM
SB 93
SB 93 Letter of Opposition - Public Employees Local 71 Trust Fund 4.27.21.pdf SFIN 4/29/2021 9:00:00 AM
SB 93
SB 93 PHC TESTIMONY SENATE FINANCE 04292021.pdf SFIN 4/29/2021 9:00:00 AM
SB 93
SB 93 04292020_PHC_Letter_2.pdf SFIN 4/29/2021 9:00:00 AM
SB 93