Legislature(1999 - 2000)

02/21/2000 01:35 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                                                                    
                        February 21, 2000                                                                                       
                            1:35 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Senator Mike Miller, Chairman                                                                                                   
Senator Pete Kelly, Vice-Chairman                                                                                               
Senator Gary Wilken                                                                                                             
Senator Drue Pearce                                                                                                             
Senator Kim Elton                                                                                                               
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
None                                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
SENATE CONCURRENT RESOLUTION NO. 15                                                                                             
Relating to Alcohol-Related Birth Defects Awareness Weeks.                                                                      
     -MOVED SCR 15 OUT OF COMMITTEE                                                                                             
                                                                                                                                
SENATE BILL NO. 191                                                                                                             
"An Act making appropriations for the operating and capital                                                                     
expenses of the state's integrated comprehensive mental health                                                                  
program; and providing for an effective date."                                                                                  
     -MOVED SB 191 OUT OF COMMITTEE                                                                                             
                                                                                                                                
SENATE BILL NO. 256                                                                                                             
"An Act relating to regulation of managed health care and allowing                                                              
physicians to collectively negotiate with a health care insurer                                                                 
that has substantial market power."                                                                                             
     -HEARD AND HELD                                                                                                            
                                                                                                                                
PREVIOUS SENATE COMMITTEE ACTION                                                                                                
                                                                                                                                
SCR 15 - No previous Senate action.                                                                                             
                                                                                                                                
SB 191 - No previous Senate action.                                                                                             
                                                                                                                                
SB 256 - No previous Senate action.                                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
Ms. Holly Hemming                                                                                                               
Staff to Senator Lincoln                                                                                                        
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Testified for the sponsor of SCR 15                                                                        
                                                                                                                                
Senator Georgianna Lincoln                                                                                                      
Alaska State Capitol                                                                                                            
Juneau, AK  99801-1182                                                                                                          
POSITION STATEMENT:  Sponsor of SCR 15                                                                                          
                                                                                                                                
Mr. Jeff Jesse, Executive Director                                                                                              
Alaska Mental Health Trust Authority                                                                                            
550 West 7th Ave., Suite 1820                                                                                                   
Anchorage, AK  99501                                                                                                            
POSITION STATEMENT:  Supports SB 191                                                                                            
                                                                                                                                
Ms. Janet Clarke, Director                                                                                                      
Division of Administrative Services                                                                                             
Department of Health and Social Services                                                                                        
PO Box 110650                                                                                                                   
Juneau, AK  99811-0650                                                                                                          
POSITION STATEMENT:  Discussed DHSS Mental Health Budget Items in                                                               
SB 191                                                                                                                          
                                                                                                                                
Ms. Alison Elgee, Deputy Commissioner                                                                                           
Department of Administration                                                                                                    
PO Box 110200                                                                                                                   
Juneau, AK  99811-0200                                                                                                          
POSITION STATEMENT: Discussed DOA Mental Health Budget Items in SB
191                                                                                                                             
                                                                                                                                
Mr. Dwayne Peeples, Director                                                                                                    
Division of Administrative Services                                                                                             
Department of Corrections                                                                                                       
PO Box 112000                                                                                                                   
Juneau, AK  99811-2000                                                                                                          
POSITION STATEMENT:  Discussed DOC Mental Health Budget Items in SB
191                                                                                                                             
                                                                                                                                
Ms. Caren Robinson, Chair                                                                                                       
Alaska Mental Health Trust Authority                                                                                            
550 West 7th Ave., Suite 1820                                                                                                   
Anchorage, AK  99501                                                                                                            
POSITION STATEMENT: Answered questions about SB 191                                                                             
                                                                                                                                
Mr. Jim Jordan, Executive Director                                                                                              
Alaska State Medical Association                                                                                                
4107 Laurel Street                                                                                                              
Anchorage, AK  99508                                                                                                            
POSITION STATEMENT:  Supports SB 191                                                                                            
                                                                                                                                
                                                                                                                                
Mr. Mike Haugen, Executive Director                                                                                             
Alaska Physicians and Surgeons, Inc.                                                                                            
4120 Laurel Street, Suite 206                                                                                                   
Anchorage, AK  99508                                                                                                            
POSITION STATEMENT:  Supports SB 191                                                                                            
                                                                                                                                
Dr. George Rhyneer                                                                                                              
Alaska Heart Institute LLC                                                                                                      
3340 Providence Dr.                                                                                                             
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Supports SB 191                                                                                            
                                                                                                                                
Mr. Gordon Evans                                                                                                                
Health Insurance Association of America                                                                                         
211 4th Street, No. 305                                                                                                         
Juneau, AK  99801                                                                                                               
POSITION STATEMENT: Opposed to SB 256                                                                                           
                                                                                                                                
Mr. Jerome Selby                                                                                                                
Providence Health Systems of Alaska                                                                                             
PO Box 962                                                                                                                      
Kodiak, AK  99615                                                                                                               
POSITION STATEMENT: Supports SB 256 with changes                                                                                
                                                                                                                                
Mr. Gary Schwartz                                                                                                               
Independent Medical Providers                                                                                                   
PO Box 73178                                                                                                                    
Fairbanks, AK  99707                                                                                                            
POSITION STATEMENT:  Supports SB 256                                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 00-6, SIDE A                                                                                                               
Number 001                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER called the Senate Health, Education and Social                                                                  
Services (HESS) Committee to order at 1:35 p.m.  All members were                                                               
present.                                                                                                                        
                                                                                                                                
         SCR 15-ALCOHOL-RELATED BIRTH DEFECTS AWARENESS                                                                         
                                                                                                                                
MS. HOLLY HEMMING, legislative intern for Senator Lincoln, made the                                                             
following statement.  SCR 15 proposes that Alaska establish two                                                                 
awareness weeks for fetal alcohol syndrome (FAS) - one during the                                                               
week previous to Mother's Day and one previous to Father's Day.                                                                 
FAS is the number one cause of birth defects and mental retardation                                                             
in America and in Alaska.  It is the only birth defect that is                                                                  
completely preventable.  The estimated lifetime cost to the State                                                               
of each FAS child is between $1.4 and $2.0 million.  Approximately                                                              
10 FAS children are born in Alaska every year, and an estimated 400                                                             
people with FAS live in Alaska right now, at a cost to the State                                                                
of about $560 million a year.  People with fetal alcohol effects                                                                
(FAE) lack the physical appearance of FAS but they have the same                                                                
damage to their brain and organs and FAE can be just as serious.                                                                
The weeks of Father's Day and Mother's Day are appropriate dates to                                                             
recognize the role and responsibility of parents in FAS.  She                                                                   
pointed out that committee packets contain an article that                                                                      
discusses the in utero alcohol damage that can happen after one                                                                 
drink and other information on FAS and its effects.                                                                             
                                                                                                                                
SENATOR LINCOLN added that FAS and FAE have been talked about as a                                                              
children's syndrome to date, but she has met adults in Alaska with                                                              
FAS and FAE - a sorry predicament because help is not available for                                                             
those people.  Unfortunately, Alaska does not have legislation that                                                             
addresses ways to alleviate FAS and FAE.  SCR 15 only makes the                                                                 
public throughout Alaska aware of this totally preventable                                                                      
syndrome.                                                                                                                       
                                                                                                                                
There being no further testimony or questions, SENATOR ELTON moved                                                              
SCR 15 out of committee with individual recommendations.  There                                                                 
being no objection, the motion carried.                                                                                         
                                                                                                                                
              SB 191-APPROPRIATIONS: MENTAL HEALTH                                                                              
                                                                                                                                
MR. JEFF JESSE, Executive Director of the AMHTA, spoke via                                                                      
teleconference from Anchorage and said he would review the proposed                                                             
items in the Governor's budget that were not accepted at the level                                                              
recommended by AMHTA.                                                                                                           
                                                                                                                                
CHAIRMAN MILLER asked that state agency staff testify first.                                                                    
                                                                                                                                
MS. JANET CLARKE, Director of Administrative Services at the                                                                    
Department of Health and Social Services (DHSS), gave the following                                                             
overview of a packet of reports from OMB to explain some of the                                                                 
items that the Governor included in SB 191.                                                                                     
                                                                                                                                
The first page is a summary of the budget items included by the                                                                 
Governor in the integrated mental health program.  Some items are                                                               
included as increases because AMHTA and Senate Finance Committee                                                                
members agreed that AMHTA would initially fund those items but                                                                  
eventually they would be funded with general funds.  Two of those                                                               
items in the DHSS budget are training for residential child care                                                                
providers and institutional prevention for community developmental                                                              
disabilities grants.                                                                                                            
                                                                                                                                
The large increase in general fund items in the DHSS budget is an                                                               
increase in the Medicaid program related to the API 2000 Community                                                              
Implementation Plan.  Services in Anchorage will be reconfigured to                                                             
allow community hospitals to pick up some of the services currently                                                             
provided by API.  Another increase of $100,000 was included for                                                                 
training of foster parents who care for severely emotionally                                                                    
disturbed children.  Another $100,000 increase is to reopen the                                                                 
Fahrenkamp Center as a residential facility.  That facility was                                                                 
built over ten years ago and has been used by the community mental                                                              
center as office space and for counseling.  DHSS has a proposal in                                                              
the capital budget to remodel the facility so that it can be used                                                               
for residential treatment.  The other major general fund item does                                                              
not show up in SB 191 but it is related to mental health services.                                                              
The Governor has proposed a general fund increment to reduce the                                                                
infant learning wait list.  Other increments relate to $3.4 million                                                             
of AMHTA funds for different activities within DHSS.                                                                            
                                                                                                                                
MS. CLARKE briefly highlighted some of the projects in the summary                                                              
of the Governor's capital budget for DHSS. The total of DHSS's                                                                  
capital projects amount to $7.5 million. $495,000 was included to                                                               
reopen the Fahrenkamp residential facility.  Stop-gap repairs in                                                                
the amount of $379,000 are required at API until the state can                                                                  
finalize an agreement to purchase Charter North Hospital.  Even if                                                              
that agreement is finalized today, API will be used for the next                                                                
two years.  Many of the other projects are grant programs that are                                                              
competitively awarded to different agencies.                                                                                    
                                                                                                                                
Number 0896                                                                                                                     
                                                                                                                                
ALISON ELGEE, Deputy Commissioner of the Department of                                                                          
Administration (DOA), discussed DOA's list of budget items for                                                                  
integrated mental health programs.  The general funds in the amount                                                             
of $126,000 for the Public Defender Agency (PDA) are new to the                                                                 
AMHTA bill but it is not new money for the PDA.  This format                                                                    
recognizes that the work done by the PDA when representing indigent                                                             
clients in danger of involuntary commitment is an expenditure                                                                   
related to services for the beneficiaries of the Mental Health                                                                  
Trust.                                                                                                                          
                                                                                                                                
The rural long term care development project and innovative respite                                                             
project are continuing projects.  DOA "backs out" those projects                                                                
and then adds them back in each year as a result of AMHTA's funding                                                             
decisions.                                                                                                                      
                                                                                                                                
DOA is looking for an opportunity to upgrade the ability of the                                                                 
Division of Senior Services to provide quality assurance.  DOA has                                                              
no comprehensive monitoring function for the variety of services it                                                             
licenses and regulates.  This money would allow DOA to put some                                                                 
tools in place so that it could ensure that the services delivered                                                              
meet the standards to prevent a crisis.                                                                                         
                                                                                                                                
Day treatment for the Chronically Mentally Ill Elderly Program is                                                               
also a continuation of DOA's outreach efforts for the elderly.  DOA                                                             
is building on that work to focus on outreach to elderly with                                                                   
substance abuse problems.  The mini grants for beneficiaries with                                                               
ADRD is a continuing project.  The last two projects, funded by the                                                             
AMHTA, are a project to develop a comprehensive assessment tool for                                                             
long-term care facilities to reduce paperwork and to create                                                                     
training materials for a family and private guardian member                                                                     
training program.  That increment is also reflected in the general                                                              
funds column in the amount of $355,000 for the Office of Public                                                                 
Advocacy for public guardians.  The caseload of Alaska's public                                                                 
guardians is running twice the recommended national average.  Right                                                             
now they are unable to perform the statutory requirement to work                                                                
with private and family guardian members.  The funds would help                                                                 
them reduce the caseload of public guardians and give them that                                                                 
capacity.                                                                                                                       
                                                                                                                                
DEPUTY COMMISSIONER ELGEE noted that two other general fund                                                                     
requests have been proposed:  one expands DOA's care coordination                                                               
function from four to six regions, the other is to implement                                                                    
ongoing training for caregivers in ADRD care techniques.                                                                        
                                                                                                                                
DEPUTY COMMISSIONER ELGEE pointed out a high priority of AMHTA and                                                              
DOA is to increase the general relief daily rate.  That money is                                                                
being carried in the fiscal note to SB 73.  DOA has one capital                                                                 
project for a data integration project.  By combining functions                                                                 
previously performed by other parts of state agencies, data bases                                                               
that were developed for each function will be integrated by the                                                                 
Division of Senior Services to create a comprehensive tracking                                                                  
system.                                                                                                                         
                                                                                                                                
Number 1161                                                                                                                     
                                                                                                                                
DWAYNE PEEPLES, Director of the Division of Administrative Services                                                             
in the Department of Corrections (DOC), discussed DOC's requests.                                                               
This year, DOC has three AMHTA operations in the operating budget.                                                              
The first two represent third year transitions between AMHTA funds                                                              
and general fund mental health funds.  The first is an 18-bed                                                                   
psychiatric unit set up at the Highland Mountain institution,                                                                   
established in the fall of 1997.  This is the final year of the                                                                 
transition and the total operating cost will be $600,000.  The                                                                  
second item is again a transition from FY 98 from AMHTA to the                                                                  
general fund for a mental health planner.  This position                                                                        
coordinates services for the AMHTA beneficiaries within DOC.  The                                                               
last item is a new proposal to establish a men's substance abuse                                                                
residential treatment facility within one of DOC's correctional                                                                 
institutions.  The $82.9 is a match for federal money in the amount                                                             
of $236.0.  The new facility will provide fairly intense treatment                                                              
services for 40 to 50 men prior to the end of their incarceration.                                                              
The only capital budget item being requested by DOC is for a                                                                    
collaborative project with DHSS to develop a telepsychiatry program                                                             
between 10 rural correctional facilities and 10 mental health                                                                   
centers and psychiatric units in Anchorage.  This program will                                                                  
decrease travel costs and increase services by allowing video                                                                   
teleconferencing for diagnosis and treatment with inmates.                                                                      
                                                                                                                                
SENATOR WILKEN asked if the men's residential substance abuse                                                                   
treatment program is a new program.                                                                                             
                                                                                                                                
MR. PEEPLES replied it is a new initiative.                                                                                     
                                                                                                                                
SENATOR WILKEN asked that Mr. Peeples provide some detailed                                                                     
information for the Finance Committee regarding how the program                                                                 
will be structured and where and how the results will be measured.                                                              
                                                                                                                                
DEPUTY COMMISSIONER ELGEE mentioned that DOTPF houses a capital                                                                 
appropriation for a grant program for coordinated transportation                                                                
and vehicles that benefits all four beneficiary groups. All four                                                                
groups applied to DOTPF for the money provided through this capital                                                             
project.                                                                                                                        
                                                                                                                                
Number 1353                                                                                                                     
                                                                                                                                
MR. JESSE referred to a chart entitled "Alaska Mental Health Trust                                                              
Authority FY01 Mental Health Trust Operating Budget Recommendations                                                             
not accepted by the Governor."  The first item on that chart is a                                                               
match for the assisted living rate increase.   Over $800,000 of                                                                 
AMHTA income has been committed as a match.  The general fund                                                                   
portion was not placed in the Governor's budget because it is                                                                   
expected to be funded from the fiscal note to SB 73.  Item 5 on the                                                             
chart is the DOC Men's Sub-Acute Care Unit in the amount of                                                                     
$300,000.  This program would build on to a successful inpatient                                                                
treatment program for the most severely mentally ill inmates at the                                                             
Cook Inlet facility. The intent of this increment was to provide a                                                              
higher level of care for those men when they are housed with the                                                                
general population of inmates.  Another item, listed between items                                                              
6 and 7, for substance abuse treatment for rural women with                                                                     
children, contains $500,000 of AMHTA funds but does not include the                                                             
$500,000 general fund match.  Usually the trustees are concerned                                                                
when their proposals to match efforts with the State are not                                                                    
accepted.  The AMHTA match remains in SB 191 because of the                                                                     
critical nature of the services.                                                                                                
                                                                                                                                
MR. JESSE referred to a chart entitled "FY01 Mental Health Trust                                                                
Capital Budget Recommendations not accepted by the Governor" and                                                                
pointed out the Governor's capital budget did not include either                                                                
the AMHTA $100,000 commitment or the $914,000 general fund                                                                      
commitment for the Adult Day Care Facility in Juneau.  AMHTA will                                                               
be approaching the DOA subcommittee to request that at least                                                                    
$100,000 AMHTA be placed in the budget to allow the planning                                                                    
process to begin.  The Governor's Office is concerned that a false                                                              
expectation of assured construction will be created if the planning                                                             
money is forthcoming.  The $30,000 in item number 3 on the chart is                                                             
to make the physical modifications necessary to provide treatment                                                               
programs discussed in the operating budget.  Modifications include                                                              
cell re-configurations and the addition of video equipment to                                                                   
monitor inmates with serious mental illnesses.  Three other                                                                     
programs not accepted for the Governor's capital budget involve                                                                 
AHFC programs for mental health trust beneficiaries.  He noted that                                                             
without housing, many of AMHTA's beneficiaries continue to cycle                                                                
through API, the court system, and other expensive treatment                                                                    
programs.  Housing is an essential component when trying to divert                                                              
people from the emergency service system.                                                                                       
                                                                                                                                
MR. JESSE commented on a few issues that are not addressed in SB
191 but are critical to a comprehensive mental health program.                                                                  
Foremost among those issues is the Medicaid budget.  There is a                                                                 
significant increase in that formula program but several of the                                                                 
Medicaid options would not be funded - eyeglasses, dental care,                                                                 
hearing aids, and mental health rehabilitation.  Those services are                                                             
the backbone of Alaska's mental health system.  The smaller                                                                     
hospital at API and the project to redesign the service system for                                                              
people with mental health crises are very dependent on the Medicaid                                                             
component of the budget.  A large portion of the general funds for                                                              
the Medicaid budget were originally from grant funds in the                                                                     
Community Mental Health grant area.  AMHTA believes it would be a                                                               
monumental disaster to lose those critical services.                                                                            
                                                                                                                                
SENATOR ELTON asked whether AMHTA staff will be present during                                                                  
budget subcommittee hearings.                                                                                                   
                                                                                                                                
MS. CAREN ROBINSON, Chair of AMHTA, said yes.                                                                                   
                                                                                                                                
SENATOR WILKEN moved SB 191 with its accompanying fiscal note out                                                               
of committee with individual recommendations.  There being no                                                                   
objection, the motion carried.                                                                                                  
                                                                                                                                
        SB 256-PHYSICIAN NEGOTIATIONS WITH HEALTH INSURE                                                                        
                                                                                                                                
SENATOR PETE KELLY, sponsor of SB 256, explained that SB 256                                                                    
addresses inequities that have grown out of the rapidly changing                                                                
health care industry, specifically the merging of 18 leading health                                                             
care insurance companies into 6 since 1994, which has given those                                                               
companies a dramatic increase in their bargaining power with                                                                    
individual doctors.  No corresponding increase in the ability of                                                                
doctors to negotiate with these large companies has occurred.                                                                   
Doctors are restricted by the antitrust provisions placed on the                                                                
states by Congress.  The antitrust laws do make provision, however,                                                             
for a state action doctrine, which would be created by SB 256.  The                                                             
doctrine allows doctors to negotiate with health insurance                                                                      
companies with state oversight.                                                                                                 
                                                                                                                                
Number 2018                                                                                                                     
                                                                                                                                
MR. JIM JORDAN, Executive Director of the Alaska State Medical                                                                  
Association (ASMA), made the following comments about SB 256.                                                                   
There has been an aggregation in the health insurance industry in                                                               
the last several years.  Alaska has never had a great number of                                                                 
health insurance companies competing in its marketplace.  One                                                                   
merger under consideration by the FTC is Aetna US Healthcare and                                                                
Prudential.  If that merger takes place, the New York Times has                                                                 
reported that one in ten Americans will be covered by the new mega-                                                             
corporation.  Health insurance plans have increasingly incorporated                                                             
practices and procedures to manage health care to keep costs down.                                                              
                                                                                                                                
Theoretically, the health insurer negotiates discounted fees for                                                                
health care for a promise of a more guaranteed stream of patients.                                                              
Large group medical practices, none of which exist in Alaska, and                                                               
big hospitals have more equal bargaining power with the health                                                                  
insurers than the typical Alaska physician who is in a small group                                                              
practice or works solo.  A gross inequity in bargaining power                                                                   
exists.                                                                                                                         
                                                                                                                                
There is no conceivable way that any health insurance will bargain                                                              
with each individual physician regarding each individual contract                                                               
provision.  Independent competing physicians are prevented from any                                                             
collective action by the federal antitrust laws to which,                                                                       
ironically, the insurers are not subject.  This fact, plus the                                                                  
market concentration of health insurers, causes the imbalance in                                                                
bargaining power.  With insurers having such a high degree of                                                                   
leverage, the balance of interests no longer exists in the market                                                               
for health care delivery and finance.                                                                                           
                                                                                                                                
A mechanism is available, however, that permits independent                                                                     
competing physicians to collectively negotiate with health insurers                                                             
in regard to the provisions of physicians' services.  That                                                                      
mechanism requires an act by the legislature to create the state                                                                
action doctrine exception.  It was first set forth in a 1943 U.S.                                                               
Supreme Court case, Parker v. Brown.  In general, the state action                                                              
doctrine states that antitrust actions do not apply to actions by                                                               
a state operating in its sovereign capacity or to private conduct                                                               
compelled or approved by the state.  In other words, where the                                                                  
requirements of the state action doctrine are met, behavior that                                                                
would otherwise violate the antitrust laws will be exempt from                                                                  
antitrust scrutiny.                                                                                                             
                                                                                                                                
The test to qualify for exemptions varies depending on the identity                                                             
of the party performing the action in question.  If the party is a                                                              
legislature or state court, no further inquiry is required.  Where                                                              
the party is a state agency or a local government official, further                                                             
inquiries are required with respect to whether the action in                                                                    
question followed a clearly articulated and affirmatively expressed                                                             
state policy.  When the party is a private party, the test for                                                                  
qualifying is the strictest.  In addition to having to comport with                                                             
the clearly articulated and affirmatively expressed state policy,                                                               
the action must be subject to active state supervision.  Passive                                                                
but theoretical power of a state to review a private action in                                                                  
question is insufficient to meet this standard.  Physicians fall                                                                
into the category of private parties, therefore collective actions                                                              
taken by them would ordinarily be illegal under antitrust laws.  In                                                             
the instance of independent physicians engaging in collective                                                                   
negotiations with the health insurer, such actions would only be                                                                
exempt from antitrust scrutiny if the requirements for a private                                                                
party are met.                                                                                                                  
                                                                                                                                
SB 256 sets out the clearly articulated and affirmatively expressed                                                             
policy in that joint negotiations can only take place when an                                                                   
insurer has sufficient and substantial market power.  The joint                                                                 
negotiation must be performed for the physicians by an authorized                                                               
third party.  The process must be supervised by the Commissioner of                                                             
the Department of Labor and the Attorney General and it does not                                                                
allow for any joint action that would contribute to any form of                                                                 
boycott of services or a strike by the physicians who are                                                                       
negotiating.  ASMA supports SB 256 with proposed amendments.                                                                    
                                                                                                                                
DR. GEORGE RHYNEER, a practicing cardiologist from Anchorage, a                                                                 
member of ASMA, and President of the Alaska Physicians and                                                                      
Surgeons, stated support for SB 256.  ASMA members have suffered                                                                
considerably because of their inability to stand up to insurance                                                                
companies who have a "take it or leave it" attitude toward                                                                      
contracts.  Physicians want to be able to get together to talk                                                                  
about real issues such as what constitutes emergency care, what                                                                 
constitutes the need to be seen by a physician, and what                                                                        
constitutes good medical care.  Right now, physicians are                                                                       
prohibited from doing so by the FTC.  A proposed consent decree for                                                             
the Fairbanks' physicians who have the Independent Practices                                                                    
Association, indicates that talking about such medical matters                                                                  
constitutes collusion and constitutes a change in the amount of                                                                 
money that will be spent in the community by the community or the                                                               
health insurers.  Members of the medical profession have                                                                        
traditionally enjoyed reasonable discussions, to the betterment of                                                              
all patients.  The APS feels the situation is out of hand and                                                                   
allows an insurance company, such as Blue Cross, to tie into the                                                                
federal government health care plan, so that federal employees only                                                             
get 50 percent reimbursement from non-Blue Cross providers while                                                                
they get 100 percent reimbursement from Blue Cross providers.  That                                                             
policy acts as a bludgeon to force physicians to sign up with a                                                                 
regular program.  There are a number of different issues of this                                                                
sort and he is interested in resolving the problem.                                                                             
                                                                                                                                
SENATOR WILKEN asked Dr. Rhyneer to give an example of this dilemma                                                             
in layman's terms.                                                                                                              
                                                                                                                                
TAPE 00-06, SIDE B                                                                                                              
                                                                                                                                
DR. RHYNEER said Blue Cross recently provided exclusive contracts.                                                              
It went to one group of cardiologists in the state and said it                                                                  
wanted them to take care of all Blue Cross patients for a                                                                       
predetermined fee.  If the cardiologists agreed, Blue Cross would                                                               
exclude the other cardiologists from being able to treat Blue Cross                                                             
patients.  Dr. Rhyneer noted that a small number of cardiologists                                                               
practice in Alaska.  Before this Blue Cross interruption, all                                                                   
cardiologists spoke and worked with one another on complex cases                                                                
and worked together to recruit new physicians to the state.  That                                                               
working relationship was destroyed by the promotion of super-                                                                   
economic competition between the two groups.  Blue Cross has done                                                               
this with the urologists in Anchorage as well.  Communities need to                                                             
maintain the collegiality of physicians.                                                                                        
                                                                                                                                
Regarding federal employees, DR. RHYNEER said in times past,                                                                    
federal employees were covered under federal Blue Cross, which paid                                                             
the standard percentage for physicians' visits - the same as it                                                                 
covered for private Blue Cross plan holders.  When physicians                                                                   
became less interested in signing up with Blue Cross, it was able                                                               
to tie in with the federal Blue Cross plan so that federal Blue                                                                 
Cross patients were not satisfactorily reimbursed for their medical                                                             
care by those physicians.  Physicians find it difficult to stop                                                                 
caring for patients who do not get proper reimbursement for their                                                               
medical problems so physicians often forgive patients half of the                                                               
bill amount.                                                                                                                    
                                                                                                                                
SENATOR WILKEN asked, in regard to Dr. Rhyneer's first example,                                                                 
what fee the insurance company offered to pay the cardiologists.                                                                
                                                                                                                                
DR. RHYNEER said a fee by procedure by patient.                                                                                 
                                                                                                                                
SENATOR WILKEN asked if the insurance companies provided a list of                                                              
procedures with the amount to be reimbursed.                                                                                    
                                                                                                                                
DR. RHYNEER said yes.                                                                                                           
                                                                                                                                
SENATOR WILKEN asked if the group that was excluded would not get                                                               
any reimbursement.                                                                                                              
                                                                                                                                
DR. RHYNEER explained those cardiologists would receive much less                                                               
than the standard payment and the insurance company told patients                                                               
not to see those doctors because the reimbursement would be much                                                                
less.  The insurance company also told the other physicians in the                                                              
State who were Blue Cross providers to not refer their patients to                                                              
the doctors under penalty.                                                                                                      
                                                                                                                                
Number 2216                                                                                                                     
                                                                                                                                
SENATOR WILKEN asked if the allegation is that the insurance                                                                    
company does that by discipline or whether it is done in a blanket                                                              
fashion across a city or state.                                                                                                 
                                                                                                                                
DR. RHYNEER said insurance companies have done this in other                                                                    
states.  They first contract with one group and if they lose money                                                              
in a year, the fee is reduced by 20 percent.                                                                                    
                                                                                                                                
SENATOR WILKEN asked if the suggested remedy is to allow physicians                                                             
to speak to each other and align the charges.                                                                                   
                                                                                                                                
DR. RHYNEER said it would allow physicians to talk to the insurance                                                             
companies about what constitutes good medical care, what                                                                        
constitutes an emergency, what constitutes covered procedures, what                                                             
constitutes a reasonable charge, and under what circumstances                                                                   
discussions about fees can take place.                                                                                          
                                                                                                                                
SENATOR WILKEN asked if physicians are trying to raise the rates.                                                               
                                                                                                                                
DR. RHYNEER replied the physicians want to be able to talk as a                                                                 
group with the insurance companies and propose that insurance                                                                   
companies cover heart attacks as emergencies, for example.                                                                      
Physicians need to be able to talk as a group about medical issues                                                              
and about payment as well.  At this time, he is prohibited, by FTC                                                              
antitrust laws, from talking to a physician across the hall.                                                                    
                                                                                                                                
SENATOR WILKEN asked if the physicians would take a common front to                                                             
the insurance company and propose rules for administering medicine                                                              
in Alaska which the insurance companies could take or leave.                                                                    
                                                                                                                                
DR. RHYNEER replied the insurance companies could say take it or                                                                
leave it or make changes.                                                                                                       
                                                                                                                                
MIKE HAUGEN, Executive Director of Alaska Physicians and Surgeons                                                               
(APS), explained that APS's 165 physicians are on the front line of                                                             
these contracts.  APS currently operates under the "Messenger                                                                   
Model" which effectively bars it from negotiating on behalf of its                                                              
physicians.  As executive director, he acts as a go-between among                                                               
the carriers and physicians.  He can poll his members on their                                                                  
individual opinions and give aggregated information to the                                                                      
carriers.  While it is true that fees are a component of this                                                                   
discussion, the discussion includes all kinds of extremely                                                                      
important patients' rights  issues.  The IPA believes that enacting                                                             
this type of legislation will inject new blood into this State as                                                               
far as third party payers go.  The traditional players have had the                                                             
predominant market share for quite awhile.  Many smaller players                                                                
are interested in entering this market but doctors are afraid to                                                                
talk to them because of the federal antitrust laws.  SB 256 will                                                                
allow doctors to come together and talk to the smaller players.  It                                                             
is much more efficient for a smaller player to talk to one entity,                                                              
such as the APS, than to create a network of doctors.                                                                           
                                                                                                                                
MR. JORDAN emphasized that SB 256 provides a mechanism that is                                                                  
voluntary - insurers do not have to participate.  SB 256 also                                                                   
requires active state oversight to ensure that the result of the                                                                
actions are fair.  Third, this measure would allow a single                                                                     
contract to contain different levels of fees for physicians of the                                                              
same specialty and for different types of physicians.  That                                                                     
provision will allow room for negotiation within the contract.  He                                                              
stressed that the most important aspect of SB 256 is the fact that                                                              
it will allow physicians to speak about some very important issues.                                                             
                                                                                                                                
Number 1973                                                                                                                     
                                                                                                                                
SENATOR KELLY asked if SB 256 passed, and a group of physicians                                                                 
from Anchorage formed a group and presented a contract to an                                                                    
insurance provider which was rejected, the insurance provider's                                                                 
only option would be to negotiate with the group or to do business                                                              
with individual doctors.                                                                                                        
                                                                                                                                
MR. JORDAN said that is correct.                                                                                                
                                                                                                                                
SENATOR ELTON noted the title of SB 256 refers to physicians,                                                                   
Section 1 refers to health care providers, and Section 2 again                                                                  
refers to physicians.  He pointed out in Section 1, a health care                                                               
provider is described as a person licensed in Alaska or another                                                                 
state to provide health care services.  He questioned whether that                                                              
includes chiropractors and dentists and why two terms are referred                                                              
to.                                                                                                                             
                                                                                                                                
MR. JORDAN replied the provisions in Section 1 were taken from HB
211, which pertains to Alaska's patient bill of rights.  One                                                                    
element of HB 211 deals with physicians' services contracts but it                                                              
does not necessarily cover contracts that would be negotiated under                                                             
the state action doctrine exception that is set forth in SB 256.                                                                
                                                                                                                                
SENATOR ELTON asked if, upon passage of SB 256, other health care                                                               
providers will have the same rights to collectively negotiate as                                                                
physicians will.                                                                                                                
                                                                                                                                
MR. JORDAN said no.                                                                                                             
                                                                                                                                
SENATOR ELTON asked if the state's self insurance health care                                                                   
program would be included in the definition in Section 1.                                                                       
                                                                                                                                
MR. JORDAN said he does not believe so under that definition,                                                                   
however the State Medical Association has asked that SB 256 be                                                                  
amended to include all types of health benefit plans. He noted                                                                  
there is a question about the degree to which a state can regulate                                                              
a health and welfare plan under the federal Employment Retirement                                                               
Income Security Act (ERISA) of 1974.   That Act exempts, to a great                                                             
degree, from state regulation health and welfare plans.  Until the                                                              
last four or five years, that preemption from state regulation has                                                              
been absolute.  As a result of a recent federal court case, that                                                                
exemption is no longer automatic.  Those areas regarding health and                                                             
welfare plans that states regulate, that deal with quality of care,                                                             
are not subject to the ERISA preemption.  Those that deal with                                                                  
quantity of care, such as a mandated type of benefit, do fall under                                                             
the ERISA preemption and would not be subject to state regulation.                                                              
He contended that SB 256 deals with quality of care.                                                                            
                                                                                                                                
SENATOR ELTON asked Mr. Jordan if the proposed amendment would                                                                  
change SB 256 so that the state's self-insurance plan would be                                                                  
regulated.                                                                                                                      
                                                                                                                                
MR. JORDAN said yes.                                                                                                            
                                                                                                                                
CHAIRMAN MILLER asked for the proposed amendment.                                                                               
                                                                                                                                
MR. JORDAN replied that conceptually, the amendment would change                                                                
the scope from applying to health care insurers to health benefit                                                               
plans.  AS 21.54.500 contains a definition of health benefit plans.                                                             
                                                                                                                                
Number 1633                                                                                                                     
                                                                                                                                
CHAIRMAN MILLER asked how many other states have taken action                                                                   
similar to SB 256.                                                                                                              
                                                                                                                                
MR. JORDAN replied as of Friday (February 18), two states have                                                                  
enacted state action doctrine exceptions:  the State of Texas which                                                             
also allows the negotiation of fees; and the State of Washington.                                                               
Legislation is currently under debate in the states of Delaware,                                                                
Hawaii, Illinois, Pennsylvania, New York, District of Columbia and                                                              
Alaska. Legislation is in the process of being drafted in                                                                       
California, Florida, Georgia, Michigan, New Jersey, and Tennessee.                                                              
                                                                                                                                
CHAIRMAN MILLER asked whether SB 256 covers all actions, including                                                              
fees.                                                                                                                           
                                                                                                                                
MR. JORDAN responded yes.                                                                                                       
                                                                                                                                
Number 1562                                                                                                                     
                                                                                                                                
MR. GORDON EVANS, representing the Health Insurance Association of                                                              
America (HIAA), made the following comments.  HIAA opposes SB 256                                                               
for two simple reasons.  First, giving physicians an antitrust                                                                  
waiver would deny consumers a choice, quality and affordability.                                                                
Second, health care costs would increase significantly for both the                                                             
public and private sectors.                                                                                                     
                                                                                                                                
In the past year there has been significant debate at both the                                                                  
federal and state level about physician collective bargaining or                                                                
physician antitrust waivers.  Despite differences among the various                                                             
proposals, there are four incontrovertible facts.  First, quality                                                               
is not the driving force behind the physician collective bargaining                                                             
movement - it's economics.  Legitimate mechanisms already exist                                                                 
within the boundaries of current antitrust law under which health                                                               
care providers can and do collaborate and negotiate with health                                                                 
plans, patients and others on clinical or quality of care issues or                                                             
other concerns.  Second, consolidation among health plans has been                                                              
and continues to be subject to rigorous antitrust scrutiny at both                                                              
the state and federal levels.  Third, antitrust waiver legislation                                                              
is anti-competitive and would raise costs for health care programs,                                                             
financed by both the public and private sectors through Medicare                                                                
and Medicaid and other government programs, as well as employer and                                                             
union sponsored plans.  Fourth, legislation at either the state or                                                              
federal levels will be costly.  For example, if legislation such as                                                             
that proposed at the federal levels which is HR 1304, were to                                                                   
become law, health care premiums in the private sector would                                                                    
increase by six to 11 percent.  On the national level, total annual                                                             
personal health care spending would rise up to $80 billion                                                                      
annually.  These added costs would be paid for by consumers,                                                                    
employers, and taxpayers without any improvement in the quality of                                                              
patient care.  Alternatively, 1.2 to 2.4 million more Americans                                                                 
could be uninsured if their employers chose not to insure because                                                               
of the extra cost.                                                                                                              
                                                                                                                                
Physicians who are already among the nation's highest paid                                                                      
professionals are among the least likely Americans to need the                                                                  
benefits of unionization.  Over the last decade, as managed care                                                                
has grown, physician incomes have increased more than 77 percent                                                                
with a median net income of 1977 of $199,600.  Antitrust waivers or                                                             
some other form of special treatment that they are seeking through                                                              
SB 256, would effectively allow physicians to further increase                                                                  
their salaries.  Moreover, the reality is that physicians are not                                                               
seeking to form real unions. Rather, they seek to form unrestricted                                                             
collective bargaining units without the regulatory oversight that                                                               
all unions are subject to.  Physicians are asking state and federal                                                             
governments for unique legal rights to engage in conduct that would                                                             
otherwise be per se illegal under the antitrust laws. Granting                                                                  
physicians special waivers to collectively bargain and set prices                                                               
without regulatory oversight is unwarranted and detrimental to                                                                  
consumers.  Physician collective bargaining legislation is opposed                                                              
by the Chairman of the Federal Trade Commission, Robert Pitofski.                                                               
Under current law, consolidation among health plans and insurers is                                                             
subject to rigorous antitrust scrutiny at both the state and                                                                    
federal levels.                                                                                                                 
                                                                                                                                
The health insurance industry continues to remain very competitive,                                                             
making it improbable for any one plan to be able to exercise                                                                    
significant market power in its negotiations with health care                                                                   
providers.  In conclusion, collective bargaining for physicians                                                                 
would serve to benefit the few at the expense of consumers and                                                                  
taxpayers.                                                                                                                      
                                                                                                                                
SENATOR ELTON said he reads the bill to require that, with the                                                                  
advice of the attorney general, the commissioner can approve or                                                                 
disapprove of contracts which is a perfect definition of approval                                                               
by the state.                                                                                                                   
                                                                                                                                
MR. EVANS commented that only applies to the contracts put together                                                             
by physicians.                                                                                                                  
                                                                                                                                
SENATOR KELLY indicated that subsection (e) on page 7 enumerates                                                                
the state's involvement.                                                                                                        
                                                                                                                                
MR. EVANS pointed out subsection (e) applies before physicians                                                                  
engage in any collective negotiations.                                                                                          
                                                                                                                                
SENATOR KELLY thought the bill makes it clear that the parameters                                                               
of the contract must be presented to the State before the parties                                                               
can enter into the contract.                                                                                                    
                                                                                                                                
MR. EVANS noted that is a change from the Texas law. Texas allows                                                               
a boycott which SB 256 does not.                                                                                                
                                                                                                                                
MR. EVANS pointed out for the record that Blue Cross is not a                                                                   
member of HIAA.                                                                                                                 
                                                                                                                                
MR. JEROME SELBY, speaking via teleconference on behalf of                                                                      
Providence Health Systems of Alaska, asked legislators to fine tune                                                             
the legislation and pass it into law.  Three items are of concern.                                                              
 Providence Health Systems employs about 3,000 people so an                                                                     
increase in the cost of insurance is of concern.  Second, Section                                                               
1(4), regarding publishing of compensation rates, will continue to                                                              
cause a problem in relation to federal antitrust law.  He suggested                                                             
that section be deleted if it is in violation of a federal                                                                      
requirement.  The third concern has to do with community size.                                                                  
Section 1(c)(7) on page 7,line 2, could negatively impact smaller                                                               
communities because the community may have few physicians so the                                                                
percentage factor may not work well. He suggested applying that                                                                 
subsection to communities with a larger population.                                                                             
                                                                                                                                
GARY SCHWARTZ, a management consultant from Fairbanks, stated he                                                                
works with the Independent Practice Association which consists of                                                               
78 physicians in Fairbanks and a number of insurance carriers and                                                               
made the following comments.  He believes the anti-competitive                                                                  
environment with insurance carriers can be alleviated with SB 256.                                                              
Small carriers do not have adequate resources and infrastructure to                                                             
individually contract to work with physicians.  There are 37 small                                                              
practices in Fairbanks - small carriers are unable to come to                                                                   
Fairbanks and negotiate agreements.  Also, the willingness of                                                                   
physicians to perform a number of the administrative services that                                                              
are requested by those small carriers  could be in fact supported                                                               
and endorsed with the passage of SB 256.  By administrative                                                                     
services, he means groups of physicians who credential providers,                                                               
provide quality assurance programs to improve care, do utilization                                                              
review, and identify medically appropriate coverage criteria.                                                                   
Finally, he believes the provision of usual and customary fee data                                                              
for independent physicians in SB 256 is appreciated and would be                                                                
valued by the small insurance carriers when preparing their fee                                                                 
offers.                                                                                                                         
                                                                                                                                
CHAIRMAN MILLER announced that the committee must adjourn due to                                                                
schedule conflicts.  He asked that those people who suggested                                                                   
changes and amendments work with the sponsor so that a proposed                                                                 
committee substitute can be prepared and brought before the                                                                     
committee next Wednesday.  He noted his intention to take action on                                                             
the bill at that time.  He adjourned the meeting at 3:05 p.m.                                                                   
                                                                                                                                
                                                                                                                                

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