Legislature(2023 - 2024)SENATE FINANCE 532

02/14/2024 09:30 AM Senate FINANCE

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09:36:30 AM Start
09:36:30 AM SB91
10:30:59 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ SB 91 TELEHEALTH: MULTIDISCIPLINARY CARE TEAM TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- <Time Limit May Be Set> --
*+ HB 193 INTERNET FOR SCHOOLS TELECONFERENCED
<Pending Referral>
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                     February 14, 2024                                                                                          
                         9:36 a.m.                                                                                              
                                                                                                                                
9:36:30 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Olson  called the Senate Finance  Committee meeting                                                                    
to order at 9:36 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Donny Olson, Co-Chair                                                                                                   
Senator Click Bishop                                                                                                            
Senator Jesse Kiehl                                                                                                             
Senator Kelly Merrick                                                                                                           
Senator David Wilson                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bert Stedman, Co-Chair                                                                                                  
Senator Lyman Hoffman, Co-Chair                                                                                                 
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Senator Matt  Claman, Sponsor; Claire Lubke,  Staff, Senator                                                                    
Matt   Claman;  Sylvan   Robb,  Director   of  Division   of                                                                    
Corporations,   Business,    and   Professional   Licensing,                                                                    
Department of Commerce,  Community and Economic Development;                                                                    
Senator Cathy Giessel.                                                                                                          
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Brooke   Lavender,   ALS    Care   Services   Manager,   ALS                                                                    
Association,   Girdwood;   Emily  Nenon,   American   Cancer                                                                    
Society,  Cancer  Action  Network, Anchorage;  Kelly  Marre,                                                                    
Self,  Soldotna; Seth  Greiner, National  Multiple, Seattle;                                                                    
Beverly  Wooley,  Self,  Big   Lake;  Michele  Foley,  Self,                                                                    
Fairbanks.                                                                                                                      
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 91     TELEHEALTH: MULTIDISCIPLINARY CARE TEAM                                                                               
                                                                                                                                
          SB 91 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
HB 193    INTERNET FOR SCHOOLS                                                                                                  
                                                                                                                                
          HB 193 SCHEDULED but not heard.                                                                                       
                                                                                                                                
SENATE BILL NO. 91                                                                                                            
                                                                                                                                
     "An   Act   relating   to   telehealth;   relating   to                                                                    
     multidisciplinary  care  teams;  and  relating  to  the                                                                    
     practice of medicine."                                                                                                     
                                                                                                                                
9:36:30 AM                                                                                                                    
                                                                                                                                
SENATOR MATT CLAMAN, SPONSOR, introduced the legislation.                                                                       
He read from the Sponsor Statement (copy on file):                                                                              
                                                                                                                                
     Senate  Bill   91  expands  telehealth   providers  and                                                                    
     services   available  to   Alaskans.  Last   year,  the                                                                    
     legislature  passed House  Bill  265,  which created  a                                                                    
     framework  in   statute  for  telehealth   and  ensured                                                                    
     Alaskans' access to critical health care.                                                                                  
                                                                                                                                
     In the summer of 2022,  Senator Claman was contacted by                                                                    
     a   constituent  who   was   recently  diagnosed   with                                                                    
     Amyotrophic  Lateral  Sclerosis (ALS).  Upon  receiving                                                                    
     her  diagnosis,  Sheila  Swanson  flew  to  Seattle  to                                                                    
     receive specialty  treatment. Sheila was told  that she                                                                    
     could continue  to receive care from  the physician via                                                                    
     telehealth,  but  would  need  to  fly  to  Seattle  to                                                                    
     receive in person care from  other seven members of her                                                                    
     multidisciplinary   ALS   care    team,   including   a                                                                    
     respiratory  therapist,  speech  language  pathologist,                                                                    
     physical therapist and occupational therapist.                                                                             
                                                                                                                                
     Senate    Bill    91     would    allow    out-of-state                                                                    
     multidisciplinary   care   team  members   to   provide                                                                    
     telehealth services. The bill  applies to two different                                                                    
     situations. The  first situation is  on-going treatment                                                                    
     or  follow-up care  from an  out-of-state physician  or                                                                    
     member  of  their  disciplinary care  team  related  to                                                                    
     health  care   services  previously  provided   by  the                                                                    
     physician to the patient. Senate  Bill 91 requires that                                                                    
     the   physician  and   patient   have  an   established                                                                    
     physician-patient  relationship and  the physician  has                                                                    
     had a previous in-person visit with the patient.                                                                           
                                                                                                                                
     The second  situation addressed in  the bill is  when a                                                                    
     patient  receives care  for  a  suspected or  diagnosed                                                                    
     life-threatening condition.  To receive  treatment from                                                                    
     a  non-physician member  of the  multidisciplinary care                                                                    
     team, Senate Bill 91 requires  a documented referral to                                                                    
     the  member  of  the  multidisciplinary  care  team  by                                                                    
     either  a physician  licensed in  Alaska  or through  a                                                                    
     physician licensed  out-of-state with whom  the patient                                                                    
     has a previously established relationship.                                                                                 
                                                                                                                                
     Senate Bill 91 amends the  statute passed by House Bill                                                                    
     265  by adding  "multidisciplinary  care  teams" as  an                                                                    
     option for  telehealth. The legislation was  amended in                                                                    
     Senate  Health   and  Social  Services  to   include  a                                                                    
     definition   for  which   health  care   providers  are                                                                    
     eligible   to   provide   services   as   part   of   a                                                                    
     multidisciplinary   care   team.   Included   in   this                                                                    
     amendment    are    provisions   that    require    the                                                                    
     multidisciplinary   care   team   members   to   submit                                                                    
     information about  the team's lead physician,  the area                                                                    
     of health  care in  which they  practice, and  proof of                                                                    
     licensure.                                                                                                                 
                                                                                                                                
     The bill  was further amended  to include a  fee regime                                                                    
     for providers to join the  State of Alaska's telehealth                                                                    
     registry,  including  a  $100  registration  fee,  $100                                                                    
     renewal  fee every  two years,  and $50  fee to  report                                                                    
     changes  in  the business's  registration  information.                                                                    
     Alaskans  deserve to  receive the  appropriate care  in                                                                    
     their local  support network when possible,  and Senate                                                                    
     Bill 91 will expand these options.                                                                                         
                                                                                                                                
Co-Chair Olson applauded the bill sponsor for bringing the                                                                      
issue forward.                                                                                                                  
                                                                                                                                
9:39:49 AM                                                                                                                    
                                                                                                                                
CLAIRE LUBKE, STAFF, SENATOR MATT CLAMAN, highlighted the                                                                       
Sectional Analysis (copy on file):                                                                                              
                                                                                                                                
     Section 1                                                                                                                  
     AS 08.02.130. Telehealth                                                                                                   
     Amends subsection (b) to expand  who may provide health                                                                    
     care  services  through  telehealth. An  out  of  state                                                                    
     member of  the physician's multidisciplinary  care team                                                                    
     may  provide telehealth  services  under the  following                                                                    
     conditions:  (1) for  on-going  treatment or  follow-up                                                                    
     care    by    the    member    of    the    physician's                                                                    
     multidisciplinary  care  team   if  the  physician  and                                                                    
     patient    have   an    established   physician-patient                                                                    
     relationship   and   the   physician   has   previously                                                                    
     conducted  an  in person  visit;  or  (2) for  a  visit                                                                    
     regarding  a  suspected or  diagnosed  life-threatening                                                                    
     condition for  which the patient  has been  referred to                                                                    
     the physician licensed in another  state or a member of                                                                    
     the  physician's multidisciplinary  care  team and  the                                                                    
     visit   involves   communication   with   the   patient                                                                    
     regarding  diagnostic  or  treatment  plan  options  or                                                                    
     analysis  of  test  results  for  the  life-threatening                                                                    
     condition.                                                                                                                 
                                                                                                                                
     Section 2                                                                                                                  
     AS 08.02.130. Telehealth                                                                                                   
     Amends  the definition  of  "health  care provider"  in                                                                    
     (j)(1)  in  this  section  to include  a  member  of  a                                                                    
     multidisciplinary care team.                                                                                               
                                                                                                                                
     Section 3                                                                                                                  
     AS 08.02.130. Telehealth                                                                                                   
     Creates    a    definition    for    "member    of    a                                                                    
     multidisciplinary care team" in (5)  of this section to                                                                    
     mean  "an   audiologist,  speech-language  pathologist,                                                                    
     behavior  analyst,  professional counselor,  dietitian,                                                                    
     nutritionist,    naturopath,    marital   and    family                                                                    
     therapist, podiatrist,  osteopath, physician assistant,                                                                    
     nurse,  pharmacist,  physical  therapist,  occupational                                                                    
     therapist, psychologist or  psychological associate, or                                                                    
     a  social  worker  who  is  a member  of  a  team  that                                                                    
     includes  a physician  licensed  in  another state  who                                                                    
    meets the requirements of (b)(1) of this section."                                                                          
                                                                                                                                
     Section 4                                                                                                                  
     AS 08.02.130. Telehealth                                                                                                   
     Creates  new subsections  relating to  the registration                                                                    
     of  multidisciplinary   care  team  members   with  the                                                                    
     department telehealth  registry. Subsection  (k) states                                                                    
     that a  member of  a multidisciplinary care  team shall                                                                    
     register with the  department before providing services                                                                    
     to  a  patient  located in  Alaska.  This  registration                                                                    
     includes  submitting: (1)  the  name  of the  physician                                                                    
     leading the  multidisciplinary care team; (2)  the area                                                                    
     of   health   care  in   which   the   member  of   the                                                                    
     multidisciplinary  care  team  will be  practicing  and                                                                    
     proof  of licensure  in  a state  or  territory of  the                                                                    
     United States in that area; and (3) any applicable                                                                         
     fees.                                                                                                                      
                                                                                                                                
     Section 5                                                                                                                  
     AS 08.02. Miscellaneous Provisions                                                                                         
                                                                                                                                
9:43:48 AM                                                                                                                    
                                                                                                                                
Senator  Kiehl  asked  what  was   meant  by  "services  not                                                                    
reasonably available in the state."                                                                                             
                                                                                                                                
Senator  Claman  replied  that  the goal  of  the  bill  was                                                                    
intended for multidisciplinary care teams.                                                                                      
                                                                                                                                
9:45:39 AM                                                                                                                    
                                                                                                                                
Senator Kiehl noted  that there was a  different approach to                                                                    
registering out  of state providers.  He queried  the reason                                                                    
for delta.                                                                                                                      
                                                                                                                                
Senator  Claman  replied  that there  were  changes  already                                                                    
outlined in statute.                                                                                                            
                                                                                                                                
9:49:32 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:49:43 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
9:50:23 AM                                                                                                                    
                                                                                                                                
SYLVAN   ROBB,  DIRECTOR   OF   DIVISION  OF   CORPORATIONS,                                                                    
BUSINESS,   AND   PROFESSIONAL  LICENSING,   DEPARTMENT   OF                                                                    
COMMERCE, COMMUNITY AND  ECONOMIC DEVELOPMENT, explained the                                                                    
fiscal note.                                                                                                                    
                                                                                                                                
Co-Chair Olson  wondered whether there  was a need  for more                                                                    
than one investigator on the issue in other states.                                                                             
                                                                                                                                
Ms.  Robb replied  that there  was not  current research  on                                                                    
that subject, but agreed to follow up.                                                                                          
                                                                                                                                
Senator Kiehl  requested a status of  the current telehealth                                                                    
issues.                                                                                                                         
                                                                                                                                
Ms. Robb  replied that there  were no complaints  related to                                                                    
physicians, who  were currently  the only  professionals who                                                                    
were  allowed  to  operate  in   Alaska  without  an  Alaska                                                                    
license.  She stated  that the  bill  allowed for  seventeen                                                                    
additional professions to the  individuals who could operate                                                                    
without an Alaska license.                                                                                                      
                                                                                                                                
Senator  Kiehl wondered  how many  out  of state  businesses                                                                    
were in the registry.                                                                                                           
                                                                                                                                
Ms.  Robb replied  that the  telemedicine business  registry                                                                    
had 1810 businesses, although it was a perpetual registry.                                                                      
                                                                                                                                
Senator  Bishop  asked  the   mechanism  for  adjusting  for                                                                    
inflation.                                                                                                                      
                                                                                                                                
Ms.  Robb  replied  that  there   were  no  fees  that  were                                                                    
currently  adjusted  for  inflation,   so  this  was  a  new                                                                    
provision for  the division.  She felt  that there  would be                                                                    
use of widely available metrics of inflation.                                                                                   
                                                                                                                                
9:55:07 AM                                                                                                                    
                                                                                                                                
Senator Wilson queried the current registration fee.                                                                            
                                                                                                                                
Ms. Robb replied that it was $50.                                                                                               
                                                                                                                                
Ms. Lubke  presented a  prerecorded invited  testimony video                                                                    
from  Tim Jennings  and  Gail Braten.  Mr.  Braten has  been                                                                    
diagnosed with ALS, and spoke in support of the bill.                                                                           
                                                                                                                                
10:00:13 AM                                                                                                                   
                                                                                                                                
Ms.  Lubke presented  a prerecorded  invited testimony  from                                                                    
Dr.  Ileana  Howard,  who  was  an  associate  professor  of                                                                    
rehabilitation from the University of Washington.                                                                               
                                                                                                                                
10:04:58 AM                                                                                                                   
                                                                                                                                
BROOKE   LAVENDER,   ALS    CARE   SERVICES   MANAGER,   ALS                                                                    
ASSOCIATION,   GIRDWOOD  (via   teleconference),  spoke   in                                                                    
support of the legislation.                                                                                                     
                                                                                                                                
10:08:28 AM                                                                                                                   
                                                                                                                                
EMILY   NENON,  AMERICAN   CANCER  SOCIETY,   CANCER  ACTION                                                                    
NETWORK,  ANCHORAGE   (via  teleconference),   testified  in                                                                    
support of the bill.                                                                                                            
                                                                                                                                
Co-Chair  Olson   wondered  whether  Ms.  Nenon   wanted  an                                                                    
amendment to the bill.                                                                                                          
                                                                                                                                
Ms.  Nenon replied  that the  patient protections  were well                                                                    
intended, but hoped to better define the "care team."                                                                           
                                                                                                                                
10:14:12 AM                                                                                                                   
                                                                                                                                
KELLY MARRE,  SELF, SOLDOTNA (via teleconference),  spoke in                                                                    
support of the bill.                                                                                                            
                                                                                                                                
10:15:59 AM                                                                                                                   
                                                                                                                                
Co-Chair Olson OPENED public testimony.                                                                                         
                                                                                                                                
10:16:06 AM                                                                                                                   
                                                                                                                                
SETH    GREINER,    NATIONAL    MULTIPLE,    SEATTLE    (via                                                                    
teleconference), testified in support of the legislation.                                                                       
                                                                                                                                
10:18:41 AM                                                                                                                   
                                                                                                                                
BEVERLY WOOLEY,  SELF, BIG LAKE (via  teleconference), spoke                                                                    
in support of the bill.                                                                                                         
                                                                                                                                
10:23:48 AM                                                                                                                   
                                                                                                                                
MICHELE   FOLEY,  SELF,   FAIRBANKS  (via   teleconference),                                                                    
testified in support of the legislation.                                                                                        
                                                                                                                                
Co-Chair Olson CLOSED public testimony                                                                                          
                                                                                                                                
Senator Wilson wondered  whether the fiscal note  was UGF or                                                                    
DGF.                                                                                                                            
                                                                                                                                
Ms. Robb replied that it was receipt supported services.                                                                        
                                                                                                                                
Senator  Wilson looked  at Section  4, and  wondered whether                                                                    
there should be a keeping of licensure.                                                                                         
                                                                                                                                
Ms. Robb deferred to the bill sponsor.                                                                                          
                                                                                                                                
10:29:06 AM                                                                                                                   
                                                                                                                                
Senator  Wilson stated  that  licensed  providers should  be                                                                    
required to see patients in Alaska.                                                                                             
                                                                                                                                
Senator  Claman  stated  that  he  wanted  to  examine  that                                                                    
section,  and  stated  that  he   hoped  that  it  would  be                                                                    
approached   in  the   same  manner   of  other   telehealth                                                                    
provisions.                                                                                                                     
                                                                                                                                
10:30:21 AM                                                                                                                   
                                                                                                                                
Senator Wilson agreed to work with the bill sponsor.                                                                            
                                                                                                                                
Senator Claman thanked the committee for hearing the bill.                                                                      
                                                                                                                                
SB 91 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
HOUSE BILL NO. 193                                                                                                            
                                                                                                                                
     "An Act relating to funding for Internet services for                                                                      
     school districts; and providing for an effective                                                                           
     date."                                                                                                                     
                                                                                                                                
HB 193 SCHEDULED but not heard.                                                                                                 
                                                                                                                                
ADJOURNMENT                                                                                                                   
10:30:59 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:30 a.m.                                                                                         
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
SB 91 Testimony Packet 021224.pdf SFIN 2/14/2024 9:30:00 AM
SB 91
SB 91 Research Murkowski multidisciplinary care PR 11.02.2023.pdf SFIN 2/14/2024 9:30:00 AM
SB 91
SB 91 Research Murkowski sponsor ALS multidisciplinary care.pdf SFIN 2/14/2024 9:30:00 AM
SB 91
SB 91 Testimony - Received as of 1.22.24.pdf SFIN 2/14/2024 9:30:00 AM
SB 91
SB 91 Research ALS Association Multidisciplinary Care Team.pdf SFIN 2/14/2024 9:30:00 AM
SB 91
SB 91 Sectional Analysis Version B.pdf SFIN 2/14/2024 9:30:00 AM
SB 91
SB 91 Sponsor Statement version B.pdf SFIN 2/14/2024 9:30:00 AM
SB 91
SB 91 MS Society AK SB 91 Multidisciplinary care teams telehealth SUPPORT SFC committee.pdf SFIN 2/14/2024 9:30:00 AM
SB 91
SB 91 DCCED CBPL 020924.pdf SFIN 2/14/2024 9:30:00 AM
SB 91