Legislature(2013 - 2014)BUTROVICH 205

04/18/2014 01:30 PM Senate JUDICIARY


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01:36:48 PM Start
01:38:01 PM HB370
05:48:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
+ HB 370 WORKERS COMP: CONTROLLED SUBSTANCES TELECONFERENCED
Heard & Held
-- Public Testimony --
HB 45 ELECTRONIC BULLYING IN SCHOOLS
Pending Waiver of Uniform Rule 23
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 18, 2014                                                                                         
                           1:36 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Chair                                                                                                     
Senator Fred Dyson                                                                                                              
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Lesil McGuire, Vice Chair                                                                                               
Senator Donald Olson                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 370(L&C)                                                                                
"An  Act relating  to employer-required  drug testing;  requiring                                                               
the  Alaska  Workers'  Compensation Board  to  adopt  regulations                                                               
relating  to   the  prescription  of  controlled   substances  to                                                               
employees;  and  relating  to   the  prescription  of  controlled                                                               
substances to employees."                                                                                                       
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 45                                                                                                               
"An Act relating to harassment, intimidation, or bullying by                                                                    
students attending a public school in the state."                                                                               
                                                                                                                                
     - PENDING WAIVER OF UNIFORM RULE 23                                                                                        
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 370                                                                                                                  
SHORT TITLE: WORKERS COMP: CONTROLLED SUBSTANCES                                                                                
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
03/03/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/03/14       (H)       L&C, JUD                                                                                               
03/19/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/19/14       (H)       Heard & Held                                                                                           
03/19/14       (H)       MINUTE(L&C)                                                                                            
03/26/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/26/14       (H)       Heard & Held                                                                                           
03/26/14       (H)       MINUTE(L&C)                                                                                            
04/04/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/04/14       (H)       Moved CSHB 370(L&C) Out of Committee                                                                   
04/04/14       (H)       MINUTE(L&C)                                                                                            
04/07/14       (H)       L&C RPT CS(L&C) NT 1DP 4NR 1AM                                                                         
04/07/14       (H)       DP: OLSON                                                                                              
04/07/14       (H)       NR: CHENAULT, HERRON, REINBOLD, SADDLER                                                                
04/07/14       (H)       AM: JOSEPHSON                                                                                          
04/07/14       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/07/14       (H)       <Bill Hearing Canceled>                                                                                
04/11/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/11/14       (H)       <Bill Hearing Canceled>                                                                                
04/14/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
04/14/14       (H)       Moved CSHB 370(L&C) Out of Committee                                                                   
04/14/14       (H)       MINUTE(JUD)                                                                                            
04/15/14       (H)       JUD RPT CS(L&C) NT 1DP 4NR                                                                             
04/15/14       (H)       DP: KELLER                                                                                             
04/15/14       (H)       NR: PRUITT, LEDOUX, GRUENBERG, LYNN                                                                    
04/16/14       (H)       TRANSMITTED TO (S)                                                                                     
04/16/14       (H)       VERSION: CSHB 370(L&C)                                                                                 
04/17/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/17/14       (S)       JUD                                                                                                    
04/18/14       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
ANNA LATHAM, Staff                                                                                                              
Representative Kurt Olson                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Introduced HB 370 on behalf of the sponsor.                                                               
                                                                                                                                
MIKE MONAGLE, Director                                                                                                          
Division of Workers' Compensation                                                                                               
Department of Labor and Workforce Development (DOLWD)                                                                           
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions and provided information                                                               
related to HB 370.                                                                                                              
                                                                                                                                
DON ETHERIDGE                                                                                                                   
Alaska State AFL-CIO                                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of HB 370.                                                                           
                                                                                                                                
BARBARA HUFF TUCKNESS, Director                                                                                                 
Governmental and Legislative Affairs                                                                                            
Teamsters Local 959                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Offered supporting comments for HB 370.                                                                   
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:36:48 PM                                                                                                                    
CHAIR  JOHN   COGHILL  called   the  Senate   Judiciary  Standing                                                             
Committee meeting  to order at 1:36  p.m. Present at the  call to                                                               
order were Senators Dyson, Wielechowski, and Chair Coghill.                                                                     
                                                                                                                                
           HB 370-WORKERS COMP: CONTROLLED SUBSTANCES                                                                       
                                                                                                                                
1:38:01 PM                                                                                                                    
CHAIR  COGHILL announced  the consideration  of  HB 370."An  Act                                                               
relating to employer-required drug  testing; requiring the Alaska                                                               
Workers' Compensation Board to adopt  regulations relating to the                                                               
prescription of controlled substances  to employees; and relating                                                               
to  the  prescription  of controlled  substances  to  employees."                                                               
[CSHB 370(L&C) was before the committee.]                                                                                       
                                                                                                                                
1:38:08 PM                                                                                                                    
ANNA  LATHAM,  Staff,  Representative Kurt  Olson,  Alaska  State                                                               
Legislature, Juneau,  Alaska, sponsor  of HB 370,  explained that                                                               
the purpose  of the  legislation was to  address the  overuse and                                                               
abuse of  opiates and the  escalating cost of  prescription drugs                                                               
in workers' compensation.                                                                                                       
                                                                                                                                
She discussed the following sectional analysis:                                                                                 
                                                                                                                                
     Section  1.  Amends  AS   23.10.620;  An  employer  may                                                                  
     require an employee to be  drug tested for a controlled                                                                    
     substance prescribed  to the employee, if  the employee                                                                    
     has been  prescribed a  controlled substance  listed in                                                                    
     schedule IA  for more than 90  days as the result  of a                                                                    
     workers'  compensation claim.  A  negative test  result                                                                    
     may result  in the  denial of  future payments  for the                                                                    
     controlled substance by the employer.                                                                                      
     Section   2.   Amends   AS  23.30.005;   The   Workers'                                                                  
     Compensation Board shall  adopt regulations relating to                                                                    
     the prescription of  controlled substances to implement                                                                    
     AS 23.30095 (p) and (q).                                                                                                   
                                                                                                                                
     Section  3. Amends  AS 23.30.095;  A physician  may not                                                                  
     prescribe more  than a  30 day  supply of  a controlled                                                                    
     substance listed in schedule  IA under AS 11.71.140, or                                                                    
     a controlled  opium, substances in schedule  IIIA under                                                                    
     11.71.160,  or  schedule  VA  under  AS  11.71.180.  An                                                                    
     employer  may  not be  liable  for  future payments  of                                                                    
     schedule  IA  controlled  substances prescribed  to  an                                                                    
     employee if the employee  receives a negative drug test                                                                    
     result.                                                                                                                    
                                                                                                                                
1:41:38 PM                                                                                                                    
SENATOR DYSON  referenced subsection (g)  in Section 1  and asked                                                               
what a negative test shows and means.                                                                                           
                                                                                                                                
MS. LATHAM acknowledged that it  was counterintuitive to look for                                                               
a negative result  and explained that it shows  that the employee                                                               
isn't taking the prescription. Presumably  they don't need it for                                                               
pain management, which is a  good indication that the employee is                                                               
on the way  to returning to work. She noted  that the House Labor                                                               
and  Commerce   Committee  added   some  sideboards   to  protect                                                               
employees.                                                                                                                      
                                                                                                                                
SENATOR DYSON  commented that the  bill was looking  for somebody                                                               
who  wasn't taking  the  prescription because  it  had been  over                                                               
prescribed. The implication  is that they're selling  the drug or                                                               
making it available to somebody else.                                                                                           
                                                                                                                                
MS. LATHAM agreed.                                                                                                              
                                                                                                                                
1:43:44 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if the  workers' compensation law says                                                               
that employers  are to  be notified  of treatment  that employees                                                               
are receiving.                                                                                                                  
                                                                                                                                
MS. LATHAM replied  an adjuster would commonly  handle the claim,                                                               
not the employer.                                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI  pointed out  that the  language on  page 1,                                                               
lines 7-8  says "an employer  may require an employee  to undergo                                                               
drug testing."  He asked if it  was her understanding that  it is                                                               
probably  a violation  of HIPAA  for employers  to be  aware that                                                               
employees  on  workers'  compensation  are  receiving  controlled                                                               
substances.                                                                                                                     
                                                                                                                                
MS.  LATHAM replied  workers' compensation  is exempt  from HIPAA                                                               
requirements.                                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  asked if adjusters typically  share medical                                                               
treatments with an employer.                                                                                                    
                                                                                                                                
MS. LATHAM deferred to Mr. Monagle.                                                                                             
                                                                                                                                
1:44:54 PM                                                                                                                    
MIKE  MONAGLE,  Director,   Division  of  Workers'  Compensation,                                                               
Department of  Labor and  Workforce Development  (DOLWD), Juneau,                                                               
Alaska, explained that employers  generally don't stay briefed on                                                               
a particular claim,  but employers that are  self-insured tend to                                                               
pay  closer attention.  He noted  that workers'  compensation law                                                               
broadly defines  employer to include  their insurance  company or                                                               
claims administrator.                                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI questioned  giving employers  the authority                                                               
to  require  a drug  test  when  employers generally  don't  know                                                               
what's  going on  in a  workers' compensation  case. He  asked if                                                               
that was a fair statement.                                                                                                      
                                                                                                                                
MR. MONAGLE  answered yes and  restated the  statutory definition                                                               
of employer under workers' compensation law.                                                                                    
                                                                                                                                
CHAIR  COGHILL  asked  if  that might  be  characterized  as  the                                                               
employer's delegation responsibility.                                                                                           
                                                                                                                                
MR. MONAGLE agreed that the  insurer has authority to investigate                                                               
and adjust  claims. He  said that about  20 percent  of employers                                                               
are self-insured and they tend to have risk managers.                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI asked  if an  employer can  only require  a                                                               
test for the specific drug that was prescribed.                                                                                 
                                                                                                                                
MS. LATHAM  answered yes; that  sideboard was added in  the House                                                               
Labor and Commerce committee substitute (CS).                                                                                   
                                                                                                                                
1:48:30 PM                                                                                                                    
SENATOR  WIELECHOWSKI commented  that  the provision  was an  odd                                                               
policy approach  because it seems  to encourage a person  to keep                                                               
taking  prescription drugs  even when  they're no  longer needed.                                                               
The employee who stops taking  the drug because he/she is feeling                                                               
better is  cut off  from their  workers' compensation  benefit if                                                               
they're tested and the results show they're not taking the drug.                                                                
                                                                                                                                
MS. LATHAM clarified that the  employer would not be obligated to                                                               
pay for  future prescriptions  if the test  was negative  and the                                                               
prescription was in excess of 90  days. If the employee was still                                                               
in pain,  he/she would have  to contact their provider  who would                                                               
be able to write another prescription.                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  asked what  happens in the  situation where                                                               
pain comes  and goes. The  person gets a  30 supply and  takes it                                                               
for 10 days.  They stop taking it and the  employer tests them on                                                               
day 15  and they don't  have the  OxyContin in their  system. The                                                               
employee is  cut off from the  drug and then starts  feeling pain                                                               
again.                                                                                                                          
                                                                                                                                
MS. LATHAM offered her understanding  that the entire claim would                                                               
not be controverted, just payment for the prescription.                                                                         
                                                                                                                                
CHAIR COGHILL noted that Mr. Monagle agreed.                                                                                    
                                                                                                                                
1:51:22 PM                                                                                                                    
SENATOR DYSON asked who had opposed this legislation.                                                                           
                                                                                                                                
MS. LATHAM  said the minority  voiced concerns when the  bill was                                                               
on the House floor.                                                                                                             
                                                                                                                                
SENATOR DYSON  asked if  the sponsor worked  with doctors  in the                                                               
pain management business.                                                                                                       
                                                                                                                                
MS.  LATHAM   said  she  hadn't   worked  with  doctors   on  the                                                               
legislation   and  hadn't   received   letters   of  support   or                                                               
opposition.                                                                                                                     
                                                                                                                                
SENATOR DYSON asked if she solicited information.                                                                               
                                                                                                                                
MS.  LATHAM  replied  there  were hearings  in  House  Labor  and                                                               
Commerce and there was the ability to comment at that time.                                                                     
                                                                                                                                
SENATOR DYSON expressed concern  with the response, commenting on                                                               
doctors that  overprescribe and the street  value of prescription                                                               
drugs.  He  observed  that  the   bill  tries  to  keep  workers'                                                               
compensation  from  paying for  drugs  that  aren't indicated  by                                                               
diagnosis.                                                                                                                      
                                                                                                                                
CHAIR COGHILL summarized that  workers' compensation doesn't want                                                               
to pay  for a  drug if  an employee  isn't using  it, but  if the                                                               
employee is  using the drug  workers' compensation  will continue                                                               
to pay  for it. He commented  that the doctor may  have a problem                                                               
if he/she is writing prescriptions  and they're not being used as                                                               
prescribed.                                                                                                                     
                                                                                                                                
1:54:30 PM                                                                                                                    
MR. MONAGLE  said the bill  does two  things. First, it  says the                                                               
employer may test  for those long-term users  of opiates. Second,                                                               
it makes  the employee get  back in  touch with their  doctor and                                                               
limits the prescription to 30 days.  He said he views the bill as                                                               
helping  foster  communication  between the  injured  worker  and                                                               
their  doctor so  they can  stop taking  the drug  and return  to                                                               
work.                                                                                                                           
                                                                                                                                
CHAIR COGHILL asked if this was based on model legislation.                                                                     
                                                                                                                                
MS. LATHAM affirmed that the  bill was based on model legislation                                                               
that other states are implementing.                                                                                             
                                                                                                                                
1:58:04 PM                                                                                                                    
SENATOR DYSON  expressed disappointment  that the  sponsor didn't                                                               
seek comment  from the  medical community  because he  didn't see                                                               
how  they could  object to  the bill.  He recapped  Mr. Monagle's                                                               
testimony that the  bill allows the employer to  require the test                                                               
after 90 days, which isn't allowed under existing statute.                                                                      
                                                                                                                                
CHAIR COGHILL noted that Mr. Monagle nodded in agreement.                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI asked  Ms. Latham what type  of drug testing                                                               
she envisioned.                                                                                                                 
                                                                                                                                
MS. LATHAM replied the test would be a urinalysis.                                                                              
                                                                                                                                
SENATOR  WIELECHOWSKI noted  that one  website says  that opiates                                                               
stay in the blood system for up to 12 hours.                                                                                    
                                                                                                                                
MS. LATHAM noted  that information in the  packets indicates that                                                               
the timeframe is between 12 and 24 hours.                                                                                       
                                                                                                                                
SENATOR WIELECHOWSKI  asked if this  law would cut off  forever a                                                               
person  who  tests  negative  because   they  didn't  take  their                                                               
prescription opiate for 13 hours.                                                                                               
                                                                                                                                
MS. LATHAM  replied the  person would need  to make  contact with                                                               
their  doctor  who would  determine  whether  or not  those  pain                                                               
medications were  still needed. She noted  that the documentation                                                               
in the  packet shows that Oxycodone  stays in the system  for 2-4                                                               
days, morphine 48-72 hours, and codeine 48 hours.                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI requested  a list  of all  the schedule  IA                                                               
drugs  and how  long they  stay in  the bloodstream,  because his                                                               
online search  indicates that opiates  stay in the system  for up                                                               
to 12 hours.                                                                                                                    
                                                                                                                                
MS.  LATHAM  acknowledged  that the  documentation  she  provided                                                               
provides different time constraints.                                                                                            
                                                                                                                                
SENATOR  WIELECHOWSKI  read  the   following  language  found  in                                                               
subsection (q) on page 2, lines 11-14:                                                                                          
                                                                                                                                
     (q)  An  employer or  insurer  may  not be  liable  for                                                                    
     future payments  for a  controlled substance  listed in                                                                    
     schedule  IA  under  AS   11.71.140  prescribed  to  an                                                                    
     employee under this section if  the employee receives a                                                                    
     negative test result under AS 23.10.620(g).                                                                                
                                                                                                                                
He pointed out that under  that language, insurance companies and                                                               
employers are not liable if an  employee, who has chronic pain as                                                               
a  result  of  their  job,  receives  a  negative  result  on  an                                                               
employer-required drug test. This goes too far, he said.                                                                        
                                                                                                                                
MR. MONAGLE  clarified that under the  Workers' Compensation Act,                                                               
an employer  cannot stop  benefit payments  to an  injured worker                                                               
unless they  controvert. That  is a  written notification  to the                                                               
employee that the employer is  stopping a particular benefit. The                                                               
employer is subject  to penalties and interest if  the benefit is                                                               
found at hearing to have  been unfairly or frivolously denied. He                                                               
offered his  opinion that the  Workers' Compensation  Board would                                                               
likely say  it was  an unfair or  frivolous controversion  if the                                                               
employee tested negative  after they stopped taking  the drug for                                                               
a few  days because  they felt  fine. He  further opined  that he                                                               
didn't  believe that  employers would  be willy-nilly  in denying                                                               
benefits and that the bill  would foster conversation and further                                                               
evaluation. He said that studies  show that 70 percent of injured                                                               
workers  are   prescribed  opiates   for  pain   medication,  but                                                               
continuing to  take high doses of  opiates over the long  term is                                                               
not the answer for chronic pain issues.                                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI said that as  a former workers' compensation                                                               
hearing officer who  has done several hundred of  these cases, he                                                               
respectfully disagrees  with Mr.  Monagle's analysis of  the law.                                                               
He said it's  very clear that this bill may  result in the denial                                                               
of future payments when a drug  test is negative. Once there is a                                                               
doctor's analysis that the test  result is negative, the employer                                                               
doesn't  have to  worry about  a claim  that it  was a  frivolous                                                               
controversion. He asked Mr. Monagle if he disagreed.                                                                            
                                                                                                                                
MR. MONAGLE answered no.                                                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI said the language  in subsection (q) on page                                                               
2, lines 11-14,  is very clear. It significantly  changes the law                                                               
and treats every injured worker  as though they're a criminal and                                                               
every doctor as though they're  illegally prescribing opiates. He                                                               
described the law as a huge net  that will catch a few bad actors                                                               
and a lot more innocent people  who are in pain because they were                                                               
giving their lives  to their employer. He stressed  that this was                                                               
the wrong policy call.                                                                                                          
                                                                                                                                
2:06:32 PM                                                                                                                    
SENATOR  DYSON   disagreed.  He  maintained  that   the  law  was                                                               
permissive  and  that the  employee  could  continue to  get  the                                                               
prescription  if  their  doctor   said  it  was  necessary.  This                                                               
protects the  employer in the scenario  that Senator Wielechowski                                                               
described.                                                                                                                      
                                                                                                                                
CHAIR COGHILL noted that Ms. Latham indicated she agreed.                                                                       
                                                                                                                                
2:08:05 PM                                                                                                                    
DON  ETHERIDGE, Alaska  State AFL-CIO,  Juneau, Alaska,  said the                                                               
union had  concerns with  HB 370  initially, but  is now  able to                                                               
support the  legislation because of  the sideboards added  in the                                                               
House  Labor and  Commerce Committee.  The  current bill  doesn't                                                               
assume  that  employees  who  test  negative  are  selling  their                                                               
prescription drug.  Also, the entire claim  can't be controverted                                                               
if the  test result is  negative, just  the payment for  the drug                                                               
that the employee isn't taking.                                                                                                 
                                                                                                                                
CHAIR COGHILL asked  if his expectation was that  a negative test                                                               
would  send the  employee  back  to their  doctor;  it would  not                                                               
controvert the entire claim.                                                                                                    
                                                                                                                                
MR. ETHERIDGE answered yes.                                                                                                     
                                                                                                                                
BARBARA  HUFF TUCKNESS,  Director,  Governmental and  Legislative                                                               
Affairs, Teamsters Local 959, Anchorage,  Alaska, stated that she                                                               
would like to go on record  as not opposed to the current version                                                               
of HB 370. Although labor hasn't  embraced the bill, she said the                                                               
sideboards provide a positive opportunity  to get injured workers                                                               
to  continue  to  work  with their  physician.  She  offered  her                                                               
understanding that  the employer  would be the  insurance carrier                                                               
who  would  be involved  in  monitoring  the ongoing  injury  and                                                               
ensuring  that  the  injured  worker  moves  forward  in  a  more                                                               
controlled manner  than may  happen now. To  the extent  that the                                                               
bill helps  get an injured worker  back on the job,  Local 959 is                                                               
supportive, she said.                                                                                                           
                                                                                                                                
2:13:54 PM                                                                                                                    
CHAIR COGHILL  asked if  there was relief  to the  injured worker                                                               
against an  overly aggressive  insurance company  that repeatedly                                                               
denied claims.                                                                                                                  
                                                                                                                                
MS. LATHAM deferred the question to Mr. Monagle.                                                                                
                                                                                                                                
MR. MONAGLE  said insurance companies  respond on  a case-by-case                                                               
basis and  some do better  than others.  If a worker  finds their                                                               
insurance company is non-responsive,  they can file a performance                                                               
complaint  with the  Division  of Insurance.  The  remedy for  an                                                               
injured  worker  whose  benefits  have  been  cut  off  by  their                                                               
insurance  company is  to  file a  claim and  ask  for a  hearing                                                               
before the Workers' Compensation Board.                                                                                         
                                                                                                                                
CHAIR  COGHILL  asked  if  the injured  worker  could  get  their                                                               
benefit  reinstated  if  their   doctor  notified  the  insurance                                                               
company that they needed to continue the prescription drug.                                                                     
                                                                                                                                
MS. LATHAM  offered her  understanding that  the doctor  would be                                                               
able  to work  with the  injured  employee before  the claim  was                                                               
controverted.                                                                                                                   
                                                                                                                                
MR.  MONAGLE said  he believes  that in  most cases  the employer                                                               
would  make a  reasonable  payment for  the  prescription if  the                                                               
injured employee returned  to the doctor and  the doctor notified                                                               
the  employer that  he/she was  writing another  prescription for                                                               
the  pain medication.  Case  law indicates  that  there could  be                                                               
consequences  for an  employer who  continues to  resist or  deny                                                               
benefits when a doctor says they're needed, he said.                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI continued to  maintain that this law doesn't                                                               
say that. The language on page  1, lines 11-13, gives an employer                                                               
the option of denying future payments when it says:                                                                             
                                                                                                                                
     A  negative test  result under  this  subsection for  a                                                                    
     controlled  substance prescribed  to  the employee  may                                                                    
     result  in  the  denial  of   future  payments  by  the                                                                    
     employer  or  insurer   for  the  controlled  substance                                                                    
     prescribed to  the employee but  may not result  in any                                                                    
     other adverse employment action.                                                                                           
                                                                                                                                
The language in  subsection (q) on page 2, lines  11-14, says the                                                               
following  for an  employer or  insurer who  chooses to  exercise                                                               
that option:                                                                                                                    
                                                                                                                                
     (q)  An  employer or  insurer  may  not be  liable  for                                                                    
     future payments  for a  controlled substance  listed in                                                                    
     schedule  IA  under  AS   11.71.140  prescribed  to  an                                                                    
     employee under this section if  the employee receives a                                                                    
     negative test result under AS 23.10.620(g).                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI  said he  believes it's  very clear,  but if                                                               
he's wrong he'd like it stated on the record.                                                                                   
                                                                                                                                
2:19:42 PM                                                                                                                    
MS. LATHAM agreed it was an employer option.                                                                                    
                                                                                                                                
SENATOR WIELECHOWSKI stressed that a  doctor is not involved once                                                               
an  employee receives  a negative  result on  a drug  test. Under                                                               
current  workers'  compensation  law,   an  injured  employee  is                                                               
allowed to receive  pain killing prescription drugs  for the rest                                                               
of his life.  This bill for ever takes the  employer off the hook                                                               
for paying for  these prescription drugs if  the injured employee                                                               
doesn't take the prescription for a few days.                                                                                   
                                                                                                                                
SENATOR DYSON agreed that the bill  leaves a clear option for the                                                               
employer who  is looking  for an  opportunity to  get out  of the                                                               
obligation  of paying.  He conceded  that Senator  Wielechowski's                                                               
point was legitimate.                                                                                                           
                                                                                                                                
CHAIR COGHILL said it's also  a legitimate point that schedule IA                                                               
drugs are not intended to be used to mitigate chronic pain.                                                                     
                                                                                                                                
MS. LATHAM pointed out that an  employer who was no longer liable                                                               
for future payments for a schedule  IA drug could still be liable                                                               
for  future  payments for  other  pain  relievers that  would  be                                                               
effective in treating pain.                                                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI said  it would  be helpful  to hear  from a                                                               
doctor about how  they prescribe drugs for chronic  pain. He also                                                               
asked how often an employer could test an employee.                                                                             
                                                                                                                                
MS. LATHAM said that wasn't defined in the bill.                                                                                
                                                                                                                                
2:23:58 PM                                                                                                                    
CHAIR COGHILL recessed the meeting to a call of the chair.                                                                      
                                                                                                                                
5:48:38 PM                                                                                                                    
CHAIR COGHILL reconvened the meeting  and announced the committee                                                               
would stay  in recess until  9:00 a.m. Saturday  morning 4/19/14.                                                               
[The committee  did not reconvene  therefore, HB 370 was  held in                                                               
committee.]                                                                                                                     
                                                                                                                                

Document Name Date/Time Subjects
HB370 Sectional Analysis.pdf SJUD 4/18/2014 1:30:00 PM
HB 370
HB370 Sponsor Statement.pdf SJUD 4/18/2014 1:30:00 PM
HB 370
HB370 Supporting Documents-AKDrugOverdoseDeaths2008-12.pdf SJUD 4/18/2014 1:30:00 PM
HB 370
HB370 Supporting Documents-Report Lockton & Associates 08-2012.pdf SJUD 4/18/2014 1:30:00 PM
HB 370
HB370 Supporting Documents-Health Partners Opiate Drug Screens.pdf SJUD 4/18/2014 1:30:00 PM
HB 370
HB370 Supporting Documents-Report Workers Compensation 2012 Issues Report by Joseph Paduda.pdf SJUD 4/18/2014 1:30:00 PM
HB 370