Legislature(2007 - 2008)Anch LIO Conf Rm

09/18/2007 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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01:39:06 PM Start
01:40:09 PM Certificate of Need Program Work Session
04:03:52 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time and Location Change --
-- Joint with House HESS --
+ Certificate of Need Program TELECONFERENCED
Discussion and Idea Work Session Only
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
 HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                               
                       September 18, 2007                                                                                       
                          Anchorage AK                                                                                          
                           1:39 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES                                                                                    
                                                                                                                                
 Senator Bettye Davis, Chair                                                                                                    
                                                                                                                                
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES                                                                                     
                                                                                                                                
 Representative Peggy Wilson, Chair                                                                                             
 Representative Bob Roses, Vice Chair                                                                                           
 Representative Anna Fairclough                                                                                                 
 Representative Sharon Cissna                                                                                                   
 Representative Berta Gardner                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES                                                                                    
                                                                                                                                
 Senator Joe Thomas, Vice Chair                                                                                                 
 Senator John Cowdery                                                                                                           
 Senator Kim Elton                                                                                                              
 Senator Fred Dyson                                                                                                             
                                                                                                                                
HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES                                                                                     
                                                                                                                                
 Representative Mark Neuman                                                                                                     
 Representative Paul Seaton (via teleconference)                                                                                
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
 Representative Scott Kawasaki (via teleconference)                                                                             
 Representative Bill Stoltze                                                                                                    
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Certificate of Need Program Work Session                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
RICHARD BENAVIDES                                                                                                               
Staff to Senator Davis                                                                                                          
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Outlined the purpose of the meeting                                                                       
                                                                                                                                
ROBERT JAMES CIMASI, President                                                                                                  
Health Capital Consultants                                                                                                      
St Louis, MO                                                                                                                    
POSITION STATEMENT: Described the focused research his company                                                                
conducted on CON                                                                                                                
                                                                                                                                
THOMAS PIPER, Director                                                                                                          
Missouri Certificate of Need Program                                                                                            
Jefferson City, MO                                                                                                              
POSITION STATEMENT: Delivered a PowerPoint presentation related                                                               
to CON                                                                                                                          
                                                                                                                                
DEAN MONTGOMERY                                                                                                                 
American Health Planning Association                                                                                            
Falls Church, VA                                                                                                                
POSITION STATEMENT: Compared the scope and coverage of the                                                                    
Alaska CON program with programs in other states                                                                                
                                                                                                                                
ELMER LINDSTROM, Project Manager                                                                                                
Department of Health & Social Services (DHSS)                                                                                   
POSITION STATEMENT: Described the negotiated rule making process                                                              
                                                                                                                                
JEREMY HAYES                                                                                                                    
Anchorage Director                                                                                                              
Advanced Medical Centers of Alaska                                                                                              
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Described drawbacks related to CON                                                                        
                                                                                                                                
NORMAN STEVENS, CEO                                                                                                             
MatSu Regional Hospital Center                                                                                                  
Palmer, AK                                                                                                                      
POSITION STATEMENT: Offered the view that the proponents of                                                                   
repealing CON are financially motivated                                                                                         
                                                                                                                                
SHAWN MORROW, CEO                                                                                                               
Bartlett Regional Hospital                                                                                                      
Juneau, AK                                                                                                                      
POSITION  STATEMENT:  Presented  experiential  evidence  from  the                                                            
Oklahoma CON program                                                                                                            
                                                                                                                                
DOCTOR CHAKRI INAMUPDI, President                                                                                               
Alaska Radiology Associates                                                                                                     
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Offered suggestions for changing CON                                                                      
                                                                                                                                
JEANINE HINMAN, Attorney                                                                                                        
Advanced Medical Center of Alaska (AMCA)                                                                                        
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Supported repeal of CON                                                                                   
                                                                                                                                
JEFF JESSE, CEO                                                                                                                 
Alaska Mental Health Trust Authority                                                                                            
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Suggested  addition  to CON  for  adolescent                                                            
mental health services                                                                                                          
                                                                                                                                
KIM BLACK                                                                                                                       
Alaska Open Imaging Center                                                                                                      
Eagle River, AK                                                                                                                 
POSITION STATEMENT:  Spoke in favor of the negotiated  rule making                                                            
process                                                                                                                         
                                                                                                                                
LAURIE HERMAN, Regional Director of Government Affairs                                                                          
Providence Health & Services in Alaska                                                                                          
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Stated support for negotiated rule making                                                                 
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  BETTYE DAVIS  called the  joint meeting  of the Senate  and                                                            
House Health,  Education and  Social Services Standing  Committees                                                              
to  order  at 1:39:06  PM.  Present  at  the  call to  order  were                                                            
Representative  Gardner,  Representative   Neuman,  Representative                                                              
Roses,  Representative  Fairclough,  Co-Chair  Wilson,  and  Chair                                                              
Davis.                                                                                                                          
                                                                                                                                
           ^CERTIFICATE OF NEED PROGRAM WORK SESSION                                                                        
                                                                                                                                
CHAIR  DAVIS announced  that the  committee would  conduct a  work                                                              
session  on  the  Certificate of  Need  Program.  The  information                                                              
that's  gathered will  be helpful  when  we return  to Juneau  and                                                              
consider the bills, she added.                                                                                                  
                                                                                                                                
1:40:09 PM                                                                                                                    
RICHARD  BENAVIDES,  Staff  to Chair  Davis,  explained  that  the                                                              
purpose of the  meeting is to bring the CON  stakeholders together                                                              
to discuss  the current and potential  impacts related to  the CON                                                              
program.                                                                                                                        
                                                                                                                                
MR.  BENAVIDES  outlined  the  agenda  and  introduced  the  three                                                              
invited  experts.  He  explained  that  Alaskan  stakeholders  who                                                              
testified   were  asked   to  follow  a   format  that   included:                                                              
experience based  testimony; aspects that stakeholders  would like                                                              
to see  changed; the  positive implications  of changing  CON; the                                                              
negative implications  of changing CON; areas open  to compromise;                                                              
and areas not open to compromise.                                                                                               
                                                                                                                                
CO-CHAIR WILSON  commented that  this recurring and  controversial                                                              
issue needs a solution.                                                                                                         
                                                                                                                                
1:47:16 PM                                                                                                                    
ROBERT  JAMES  CIMASI,  President,   Health  Capital  Consultants,                                                              
testified via teleconference  from St Louis, MO.  He described the                                                              
focused  research  his  company  conducted, which  resulted  in  a                                                              
reference manual  and sourcebook  that encompasses the  statutory,                                                              
regulatory, administrative,  and legal  aspects of CON  regulation                                                              
from inception to the present.                                                                                                  
                                                                                                                                
MR. CIMASI  highlighted eight  points in  support of the  position                                                              
that CON  is a failed  public health policy:  1)CON has  a history                                                              
of  failure;  2)effects  of  CON repeal  in  other  states;  3)the                                                              
Federal Trade Commission  has repeatedly denounced  CON; 4)CON has                                                              
failed  to lower  health care  costs;  5)CON is  anti-competitive;                                                              
6)CON  is a  barrier  to  health  care innovation;  7)CON  reduces                                                              
access  and patient  choice;  and 8)CON  has  not improved  health                                                              
care quality.                                                                                                                   
                                                                                                                                
MR.  CIMASI concluded  his testimony  with the  statement that  in                                                              
his view  it's important to  pass bills  to repeal CON  in Alaska.                                                              
There  are better  ways to  control  cost and  quality. [The  full                                                              
testimony may be found in the committee file.]                                                                                  
                                                                                                                                
1:58:10 PM                                                                                                                    
CHAIR  DAVIS noted  that  Representative Seaton  was  on line  and                                                              
Senator  Dyson  and  Representative  Neuman  were  represented  by                                                              
staff.                                                                                                                          
                                                                                                                                
1:59:09 PM                                                                                                                    
REPRESENTATIVE  CISSNA asked  what part  of the  study had  direct                                                              
Alaskan research.                                                                                                               
                                                                                                                                
MR.  CIMASI said  his firm  has  done consulting  work in  Alaska,                                                              
they tracked how  CON certificates have been filed  in Alaska, and                                                              
they  have  reviewed  studies  from  Washington  that  focused  on                                                              
Alaska. They  are familiar with  the geopolitical  subdivisions in                                                              
Alaska and  they know that there  are large provider  systems. The                                                              
geographic  dispersion is a  real barrier  to entry for  providers                                                              
to bring in different  ways of delivering care  that would provide                                                              
quality and lower the cost, he stated.                                                                                          
                                                                                                                                
2:01:52 PM                                                                                                                    
REPRESENTATIVE ROSES  asked if in those states  that have repealed                                                              
CON, there  is reduced  access to  private companies for  Medicare                                                              
and TRICARE patients  resulting in increased burden  on the larger                                                              
facilities.                                                                                                                     
                                                                                                                                
MR.  CIMASI  said his  company's  review  shows no  evidence  that                                                              
repealing CON  has resulted  in a lack  of access for  Medicare or                                                              
military patients.  In fact,  there is  evidence that  health care                                                              
is restricted because of the continuation of CON.                                                                               
                                                                                                                                
CHAIR  DAVIS noted  that  Representative  Stoltze  had joined  the                                                              
meeting.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  GARDNER said  the  argument for  retaining CON  is                                                              
that large providers  aren't free market agencies.  They have many                                                              
government  mandates  to  meet  the  needs  of  anyone  who  walks                                                              
through the door.                                                                                                               
                                                                                                                                
MR. CIMASI said  if the government is placing burden  on large and                                                              
acute  care  community  hospitals   that  isn't  placed  on  other                                                              
providers, then  those hospitals should  be paid to  provide those                                                              
services.                                                                                                                       
                                                                                                                                
2:06:45 PM                                                                                                                    
CHAIR DAVIS  asked why some states  that repealed CON  are putting                                                              
it back.                                                                                                                        
                                                                                                                                
MR. CIMASI said it relates to advocacy and not patient care.                                                                    
                                                                                                                                
2:08:25 PM                                                                                                                    
CO-CHAIR   WILSON  noted   that  the   American  Health   Planning                                                              
Association reports  that 36 states and D.C. have  CONs. None have                                                              
gotten  rid  of  CON  in the  last  ten  years,  but  several  are                                                              
planning  to  put  it  back.  She   asked  if  his  research  took                                                              
variation between states into account.                                                                                          
                                                                                                                                
MR. CIMASI acknowledged  that there are some states  where CON has                                                              
changed,  but  the fact  is  it's  a huge  lobbying  and  advocacy                                                              
battle  that's  being  waged  and   it's  all  about  competition.                                                              
There's no evidence  that CON reduces cost, brings  better quality                                                              
or prevents physician self-referral.                                                                                            
                                                                                                                                
2:10:48 PM                                                                                                                    
REPRESENTATIVE  WILSON mentioned access  problems in  rural Alaska                                                              
and  said none  of  the  ambulatory  surgical centers  or  imaging                                                              
center groups have  wanted to help with access,  which is probably                                                              
because  of  cost. She  said  she  has  trouble figuring  out  how                                                              
access is going to be helped if CON is eliminated.                                                                              
                                                                                                                                
2:12:02 PM                                                                                                                    
THOMAS  PIPER, Director,  Missouri  Certificate  of Need  Program,                                                              
Jefferson   City,   MO,  delivered   a   PowerPoint   presentation                                                              
demonstrating  how  CON  relates  to  health  care  market  entry,                                                              
competition,  and protecting  public interests.  He said  he would                                                              
cover  the topics of  health care  cost, the  CON background,  its                                                              
concepts, its  success, and relationship  to competition.  Also he                                                              
would illustrate  the benefits when business measures  CON impact,                                                              
when  the  public  is  assured broad  input,  and  when  there  is                                                              
balance  between  competing  interests. [The  full  testimony  and                                                              
PowerPoint may be found in the committee file.]                                                                                 
                                                                                                                                
REPRESENTATIVE  ROSES noted  that the  study shows  that New  York                                                              
and  Michigan  have much  lower  costs.  Both states  are  heavily                                                              
unionized and negotiate  preferred providers for a  lower cost. He                                                              
asked if  there's any differentiation  in the information  between                                                              
that and having the CON.                                                                                                        
                                                                                                                                
MR.  PIPER  said  not  that he's  aware  of.  Ford  Motor  Company                                                              
indicated   that   it   used  comparable   compilations   in   the                                                              
composition  of their  study  and that  the  health care  benefits                                                              
were comparable.                                                                                                                
                                                                                                                                
2:29:10 PM                                                                                                                    
DEAN  MONTGOMERY,  American  Health  Planning  Association,  Falls                                                              
Church,  VA, said  he  would make  a  detailed  comparison of  the                                                              
scope  and coverage  of the Alaska  CON program  with programs  in                                                              
other states.  The information  is based  on work  he did  for the                                                              
Alaska Hospital  and Nursing  Home Association.  The study  looked                                                              
at  five  questions:  1)the  scope   of  the  program  in  Alaska;                                                              
2)whether the  regulation of the  Alaska services is more  or less                                                              
stringent  than others; 3)whether  the rules  and regulations  are                                                              
applied   equitably   to   institutional   and   non-institutional                                                              
providers of  health services; 4)whether  there's a  level playing                                                              
field;  and  5)the  implications   and  ramifications  for  Alaska                                                              
community  hospitals. [The  full  testimony may  be  found in  the                                                              
committee file.]                                                                                                                
                                                                                                                                
MR. MONTGOMERY  concluded  his testimony  with the statement  that                                                              
it's  relatively   easy  to  establish  new  services   in  Alaska                                                              
compared to  other states. That  has substantial  implications for                                                              
community hospitals  in Alaska that are small, have  fewer back up                                                              
services,  higher  emergency  case loads,  and  high  charity-care                                                              
case   loads.  Clearly,   the  free   standing   facility  has   a                                                              
substantial advantage, he said.                                                                                                 
                                                                                                                                
2:43:05 PM                                                                                                                    
ELMER  LINDSTROM,  Project  Manager,   Department  of  Health  and                                                              
Social Services  (DHSS), opined  that the two differing  positions                                                              
that  have  been  described  are  well  reflected  in  the  state.                                                              
Clearly  this has been  an ongoing  controversy,  and it's  a very                                                              
contentious program area for DHSS.                                                                                              
                                                                                                                                
MR. LINDSTROM  related that  in 2004  the legislature  amended the                                                              
CON  statute modestly  to  add CON  coverage  for two  facilities.                                                              
They   were   independent  diagnostic   testing   facilities   and                                                              
residential  psychiatric  treatment  centers.  Legislative  intent                                                              
directed  the department  to rewrite the  regulations and  develop                                                              
comprehensive  standards such  that CON  program applicants  would                                                              
understand  the measures  used to evaluate  the applications.  The                                                              
intent language  also directed  DHSS to have  a public  process to                                                              
aid in developing the standards.                                                                                                
                                                                                                                                
MR.  LINDSTROM  explained  that  over the  course  of  18  months,                                                              
multiple  public  comment  opportunities  were  provided  and  the                                                              
standards  and regulations  were  developed.  Although  no one  at                                                              
DHSS  though  that everyone  would  be  satisfied, he  and  others                                                              
thought   that  the  controversy   would   die  down  over   time.                                                              
Unfortunately, it hasn't  worked out that way, he  said. After the                                                              
department  put  out  a modest  set  of  regulations,  the  public                                                              
pointed  out  lots  of  problems  with the  CON  program  and  the                                                              
underlying statute.                                                                                                             
                                                                                                                                
MR.  LINDSTROM  said  that  at  that  point  Commissioner  Jackson                                                              
decided to  take a different  approach. After consulting  with the                                                              
governor's  office, Anna  Kim was  selected  to be  a convener  to                                                              
speak  to the  various parties  to see  if there  was interest  in                                                              
pursuing a negotiated  regulation process. That  statutory process                                                              
is designed  to bring consensus  on controversial issues  that can                                                              
eventually  result  in  new regulations.  The  statute  gives  the                                                              
commissioner  the  power to  ask  the  group  to look  beyond  the                                                              
regulations and  he believes that  she will be interested  in that                                                              
provision. He knows  there is a desire that the  timeline for this                                                              
new approach  be short,  so that  the process  is finished  by the                                                              
first of the year.                                                                                                              
                                                                                                                                
2:52:30 PM                                                                                                                    
REPRESENTATIVE  GARDNER  asked  if patients  would  be  considered                                                              
stakeholders.                                                                                                                   
                                                                                                                                
MR. LINDSTROM  said the  statute envisions,  and the  commissioner                                                              
believes, that  the interested parties  are the entities  that are                                                              
subject  to the CON  program. However,  the process  will  be open                                                              
and transparent to  the public. Responding to a  question, he said                                                              
that  the  meetings  would  be   publicly  noticed  and  that  the                                                              
legislative committees would be alerted.                                                                                        
                                                                                                                                
CO-CHAIR  WILSON  suggested he  consider  what other  states  have                                                              
done to avoid the perception of any conflicts of interest.                                                                      
                                                                                                                                
2:58:28 PM                                                                                                                    
MR.  LINDSTROM responded  to  a question  about  how many  changes                                                              
might  be  expected  and  advised that  there  are  strongly  held                                                              
feelings on this topic. There is no silver bullet.                                                                              
                                                                                                                                
CHAIR DAVIS  asked if  he had information  on the proposed  ballot                                                              
initiative.                                                                                                                     
                                                                                                                                
MR.  LINDSTROM  said  the  initiative   is  sponsored  by  private                                                              
individuals  and   he  understands   that  it's  been   certified.                                                              
Nevertheless  the commissioner  intends to  move forward  toward a                                                              
negotiated regulation project.                                                                                                  
                                                                                                                                
REPRESENTATIVE  LYNN disclosed  that  he is  a  co-sponsor of  the                                                              
initiative. That  process would  bring in Alaska  stakeholders, he                                                              
added.                                                                                                                          
                                                                                                                                
3:02:47 PM                                                                                                                    
JEREMY  HAYES, Anchorage  Director,  Advanced  Medical Centers  of                                                              
Alaska, reported  that Alaska has  the most expensive  health care                                                              
costs  in the  nation  and the  second  poorest  access to  health                                                              
care. It also has  the most restrictive CON program  of any state.                                                              
There is no evidence  that CON has done anything  to control costs                                                              
in Alaska and it thwarts entrepreneurial competition, he said.                                                                  
                                                                                                                                
MR.  HAYES  said ideally,  the  CON  program should  be  repealed.                                                              
However, it's  probably more realistic  to reevaluate  the current                                                              
system  relative to  states that  are comparable  demographically.                                                              
He highlighted  four aspects  of CON  that warrant  re-evaluation.                                                              
1)the  $1,150,000  threshold  for requiring  CON  approval;  2)the                                                              
threshold  items  including  but  not limited  to  value  of  land                                                              
acquisitions,  net present  value  of the  lease,  and other  line                                                              
items;  3)the appeals  process;  and  4)the general  &  concurrent                                                              
review standards.                                                                                                               
                                                                                                                                
MR.  HAYES said  he  supports the  establishment  of a  negotiated                                                              
regulation  committee.   He  would  be  willing   and  honored  to                                                              
participate.  [The full testimony  may be  found in the  committee                                                              
file.]                                                                                                                          
                                                                                                                                
MR.  HAYES responded  to questions  and said  it's his  contention                                                              
that  CON regulations  are  the  largest  barrier to  access,  but                                                              
transportation  and access do  present problems.  He also  said he                                                              
has  spoken  with  economists  and  that the  lack  of  access  to                                                              
facilities and the  lack of physicians in the  state contribute to                                                              
the  lack  of  access  for patients.  He  believes  that  the  CON                                                              
process  contributes  to  physicians'  unwillingness  to  come  to                                                              
Alaska. He  agrees that getting  rid of  CONs isn't the  answer to                                                              
all the problems with regard to cost.                                                                                           
                                                                                                                                
3:15:08 PM                                                                                                                    
NORMAN STEVENS,  CEO, MatSu Regional Hospital Center,  offered the                                                              
view  that  the  proponents  of   repealing  CON  are  financially                                                              
motivated.  He relayed  that  the hospital  went  through the  two                                                              
year  process,  followed  CON  rules, built  a  new  $101  million                                                              
facility, and brought  world-class health care to  MatSu citizens.                                                              
He commented on  physician recruiting and said he has  yet to have                                                              
a physician  bring that  topic up  as an  issue. He believes  that                                                              
boutique  providers carve  off the more  profitable programs  such                                                              
as  surgery  and radiology  and  they  skew public  opinion  about                                                              
costs. He  contends that  most private  providers are  exempt from                                                              
joint commission  oversight and their  quality is no  better. [The                                                              
full testimony may be found in the committee file.]                                                                             
                                                                                                                                
MR.  STEVENS emphasized  that hospitals  are  at significant  risk                                                              
nationwide.  He asked  the committee  to look  at motivations,  at                                                              
protecting  communities, and  make sure  that community  hospitals                                                              
are open and operating in the future.                                                                                           
                                                                                                                                
3:24:39 PM                                                                                                                    
SHAWN MORROW, CEO,  Bartlett Regional Hospital,  Juneau, presented                                                              
experiential  evidence  from  the   Oklahoma  CON  program,  which                                                              
includes  only   long-term  care.  Oklahoma  does   not  have  CON                                                              
programs for diagnostic imaging, surgery centers, and hospitals.                                                                
                                                                                                                                
MR. MORROW relayed  that since 1990, 13 hospitals  have closed and                                                              
some communities have  had to institute a sales tax  to keep their                                                              
hospitals viable.  He said  that the lack  of CON regulations  for                                                              
acute care  has played  a part in:  1)deteriorating the  financial                                                              
stability  of  community-based hospitals;  2)weakening  access  to                                                              
health  care  services;   and  3)increasing  the   tax  burden  on                                                              
Oklahomans.                                                                                                                     
                                                                                                                                
MR.  MORROW  expressed  the view  that  when  specialty  providers                                                              
carve out  high profit  margin services,  less money is  available                                                              
to hospitals  to off-set  basic and  essential services  that lose                                                              
money. If  CON is repealed in  Alaska, he believes  that physician                                                              
and  investor   owned  specialty  facilities   would  proliferate.                                                              
Although  he  isn't  saying  that   eliminating  CONs  will  cause                                                              
hospitals  to  close,   he  does  believe  that   their  financial                                                              
stability will  be weakened and  they'll be vulnerable  to changes                                                              
in  reimbursement  aimed at  lowering  costs. [Full  testimony  is                                                              
available in the committee file.]                                                                                               
                                                                                                                                
REPRESENTATIVE  ROSES referenced the  hospital closures  and asked                                                              
if  there were  changes in  the  health care  delivery systems  or                                                              
insurance  programs  other  than   the  elimination  of  CON  that                                                              
affected that situation.                                                                                                        
                                                                                                                                
MR.  MORROW  said  absolutely. In  1985  the  major  reimbursement                                                              
method  became DRG-based  [diagnosis-related  group]  and in  1997                                                              
there was  the Balanced  Budget Act.  "Again, CON  I do  not think                                                              
alone…resulted  in the  closure of  so many  hospitals…, but…I  do                                                              
affirm that it was a contributing factor," he stated.                                                                           
                                                                                                                                
3:29:01 PM                                                                                                                    
DOCTOR CHAKRI  INAMUPDI, President,  Alaska Radiology  Associates,                                                              
stated that his  experience relates to imaging  only. He explained                                                              
that his  facility has nine  board certified radiologists  and two                                                              
nurse  practitioners. The  group  has been  practicing  diagnostic                                                              
and interventional  radiology  in Alaska  for nearly thirty  years                                                              
and it cares for over 100,000 patients a year                                                                                   
                                                                                                                                
DOCTOR INAMUPDI said  his group would like certain  aspects of the                                                              
CON policy changed to close loopholes.                                                                                          
   · Remove the exemption for imaging in physician offices and                                                                  
     establish the same criteria for receiving a CON as is used                                                                 
     for    hospitals   and    independent   diagnostic    testing                                                              
     facilities.                                                                                                                
   · Reduce the dollar limit for establishing the need for CON                                                                  
     for imaging equipment and construction costs to $500,000                                                                   
     from the current $1,000,000. This would address the issue                                                                  
     of purchase and use of less expensive, outdated and                                                                        
     substandard equipment to avoid the CON process.                                                                            
                                                                                                                                
DOCTOR INAMUPDI  outlined the  following positive implications  of                                                              
changing the CON policy:                                                                                                        
   · It would reduce the proliferation of unnecessary imaging.                                                                  
     The groups that are exempted by the CON are ordering the                                                                   
     imaging exams for their patients and they use their own                                                                    
     expensive equipment.                                                                                                       
   · It would control health care costs for employers. He cited                                                                 
     a Ford Motor Company study that indicates health care costs                                                                
     that are 160 percent higher in non-CON states compared to                                                                  
     adjacent CON states.                                                                                                       
                                                                                                                                
   · Lowering the threshold to $500,000 would reduce the                                                                        
     incentive for facilities to purchase older and poor-quality                                                                
     imaging equipment.                                                                                                         
                                                                                                                                
DOCTOR  INAMUPDI  said  his  group  doesn't  believe  that  Alaska                                                              
residents would  be negatively impacted by the  suggested changes.                                                              
In  fact  future   potential  litigation  and  appeals   could  be                                                              
reduced.                                                                                                                        
                                                                                                                                
DOCTOR INAMUPDI said  his group would compromise  on the suggested                                                              
$500,000  threshold  and  on permitting  the  physician  exemption                                                              
provided  the parameters  are clearly  defined. His  group is  not                                                              
willing to  compromise on the total  elimination of CON  or on any                                                              
facet  of a  regulation that  jeopardizes the  quality of  patient                                                              
care.                                                                                                                           
                                                                                                                                
3:36:07 PM                                                                                                                    
REPRESENTATIVE ROSES  asked if he would favor doing  away with CON                                                              
if  all physicians  and  health care  providers  were required  to                                                              
post prices.                                                                                                                    
                                                                                                                                
DOCTOR INAMUPDI  said the Medicare  and Medicaid prices  are fixed                                                              
and he  doesn't believe  that would  change. "Eliminating  the CON                                                              
would actually hurt by proliferation of imaging services."                                                                      
                                                                                                                                
3:39:02 PM                                                                                                                    
JEANINE  HINMAN,  Attorney,  Advanced  Medical  Center  of  Alaska                                                              
(AMCA),  Anchorage, said  she is  also talking  as the  wife of  a                                                              
physician.  She said  if  she were  convinced  that repealing  CON                                                              
would cause  hospitals to  suffer in a  significant way,  then she                                                              
wouldn't support the  repeal. "But I don't believe  it," she said.                                                              
The  four CONs  that have  been  approved are  hospitals, and  she                                                              
believes that the  profit margin at Providence  Hospital is plenty                                                              
high.                                                                                                                           
                                                                                                                                
MS. HINMAN said  she doesn't think she and her  husband would have                                                              
moved here,  if they'd known  about the hostile  legal environment                                                              
that  uses CON  as a  vehicle for  litigation.  Knowing that  it's                                                              
hamstrung  AMCA  in  three  different   markets,  she  said  there                                                              
probably is a recruitment problem in the state.                                                                                 
                                                                                                                                
MS. HINMAN pointed  out that CON doesn't address  access to health                                                              
care in rural  areas so the  idea that maintaining the  status quo                                                              
will  help  access  doesn't  track. She  suggested  that  a  truly                                                              
mobile  ambulatory   surgery  center  where  doctors   go  out  to                                                              
villages is another avenue to consider.                                                                                         
                                                                                                                                
MS.  HINMAN   responded  to  a   question  about   timeframes  and                                                              
explained  that she  returned to  Alaska  a month  ago, but  she's                                                              
been working  for AMCA  on CON  related legal  issues longer  than                                                              
that.  She made the  point that  litigation doesn't  add value  to                                                              
health care, it just adds cost.                                                                                                 
                                                                                                                                
3:47:37 PM                                                                                                                    
JEFF   JESSE,  CEO,   Alaska   Mental  Health   Trust   Authority,                                                              
Anchorage,  said  he  brings  the   perspective  of  children  and                                                              
adolescent mental  health services. Several years  ago residential                                                              
psychiatric treatment  centers were added  to the CON  process and                                                              
that's been  a tremendous  benefit for the  "Bring the  Kids Home"                                                              
(BTKH) initiative.  He noted that three years ago  428 youths were                                                              
housed out  of state and  now the number  is under 250.  This year                                                              
home and  community-based services will  be reviewed to  help kids                                                              
before  they reach  the  point  that they  need  to  be placed  in                                                              
residential facilities, he said.                                                                                                
                                                                                                                                
MR.  JESSE suggested  that  the  CON process  needs  to cover  two                                                              
areas in  addition to residential  psychiatric treatment  centers.                                                              
The  first  is  acute  care  facilities  for  adolescents  needing                                                              
mental  health   services.  The   second  is  called   conversion.                                                              
Briefly,  that's where  a  provider could  start  lower levels  of                                                              
care  and convert  them  to  CON  covered services  without  going                                                              
through the CON process.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GARDNER asked  if companies  are willing  to build                                                              
residential   treatment   facilities   because   they   feel   the                                                              
investment would be protected.                                                                                                  
                                                                                                                                
MR. JESSE  said no; "It  isn't so much  that we need  to encourage                                                              
providers  to invest  in that  higher level  of care,  we need  to                                                              
limit the number of beds that are there."                                                                                       
                                                                                                                                
REPRESENTATIVE  GARDNER  said  she's  looking  for  the  empirical                                                              
data.                                                                                                                           
                                                                                                                                
MR. JESSE  explained that  at the beginning  of the  BTKH process,                                                              
DHSS  looked  at   the  Alaskan  adolescents  who   were  in  RPTC                                                              
[residential  psychiatric  treatment  center]  level care  in  the                                                              
Lower 48.  They learned that  the reason  many were in  that level                                                              
of  care  was  because lower  levels  of  care  weren't  available                                                              
within Alaska.                                                                                                                  
                                                                                                                                
REPRESENTATIVE GARDNER  commented that it isn't necessarily  a CON                                                              
issue.                                                                                                                          
                                                                                                                                
MR. JESSE said  he agrees but the  point is, that was  the default                                                              
placement when  lower level  care wasn't  available in  the state.                                                              
"We don't want to  duplicate that problem with our  in state array                                                              
of services," he said.                                                                                                          
                                                                                                                                
3:54:49 PM                                                                                                                    
KIM  BLACK, Alaska  Open  Imaging Center,  Eagle  River, spoke  in                                                              
favor  of the  negotiated  rule  making process.  She  highlighted                                                              
that  the statute  needs  clarification because  radiologists  are                                                              
currently left out  of the physician exemption in  the CON. Alaska                                                              
Open Imaging  Center  does have  physician owners  who are  on the                                                              
premises when patients come in, she said.                                                                                       
                                                                                                                                
3:56:42 PM                                                                                                                    
LAURIE   HERMAN,   Regional  Director   of   Government   Affairs,                                                              
Providence  Health &  Services in  Alaska,  Anchorage, stated  for                                                              
the record  that Providence  is very  pleased with the  innovative                                                              
step  that  Commissioner  Jackson  has suggested  with  regard  to                                                              
negotiated rule making.                                                                                                         
                                                                                                                                
CHAIR DAVIS expressed hope that the process would be successful.                                                                
                                                                                                                                
CO-CHAIR  WILSON opined that  more regulations  aren't always  the                                                              
best answer.  It's a good  idea to look  at everything as  a whole                                                              
and see if changes are needed.                                                                                                  
                                                                                                                                
REPRESENTATIVE  GARDNER  said  she  looks forward  to  seeing  the                                                              
process move forward.                                                                                                           
                                                                                                                                
REPRESENTATIVE LYNN  said he feels  that monopolies aren't  in the                                                              
best  interest; the  patient is  who  really matters;  competition                                                              
tends  to lower  prices;  he is  not  necessarily  opposed to  the                                                              
negotiation process;  and he would  like to see the  related bills                                                              
move forward.                                                                                                                   
                                                                                                                                
CHAIR  DAVIS  stated   that  the  bills  will   proceed  when  the                                                              
legislature is in session.                                                                                                      
                                                                                                                                
REPRESENTATIVE  CISSNA  said  one  fix  could be  to  keep  people                                                              
healthy from the start.                                                                                                         
                                                                                                                                
REPRESENTATIVE  FAIRCLOUGH said  she  appreciates the  opportunity                                                              
to learn more  about CON in Alaska  and is pleased to  see all the                                                              
interest.                                                                                                                       
                                                                                                                                
REPRESENTATIVE ROSES  said he hopes  the negotiations go  well and                                                              
that stakeholders come to some agreement.                                                                                       
                                                                                                                                
There  being no  further business  to come  before the  committee,                                                              
Chair Davis adjourned the meeting at 4:03:52 PM.                                                                              
                                                                                                                                

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