Legislature(2005 - 2006)BELTZ 211
02/23/2006 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB289 | |
| SB298 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 298 | TELECONFERENCED | |
| += | SB 289 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE LABOR AND COMMERCE STANDING COMMITTEE
February 23, 2006
1:32 p.m.
MEMBERS PRESENT
Senator Con Bunde, Chair
Senator Ralph Seekins, Vice Chair
Senator Ben Stevens
MEMBERS ABSENT
Senator Johnny Ellis
Senator Bettye Davis
COMMITTEE CALENDAR
SENATE BILL NO. 289
"An Act relating to the payment of insurer examination expenses,
to the regulation of managed care insurance plans, to actuarial
opinions and supporting documentation for an insurer, to
insurance firms, managing general agents, and third-party
administrators, to eligibility of surplus lines insurers, to
suitability of life and health insurance policies and annuity
contracts, to unfair discrimination under a health insurance
policy, to prompt payment of health care insurance claims, to
required notice by an insurer, to individual deferred annuities,
to direct payment to providers under a health insurance policy,
to mental health benefits under a health care insurance plan, to
the definitions of 'title insurance limited producer' and of
other terms used in the title regulating the practice of the
business of insurance, and to small employer health insurance;
repealing the Small Employer Health Reinsurance Association;
making conforming amendments; and providing for an effective
date."
MOVED CSSB 289(L&C) OUT OF COMMITTEE
SENATE BILL NO. 298
"An Act relating to loans from trust property; relating to a
trustee's power to appoint the principal of a trust to another
trust; relating to challenges to, claims against, and
liabilities of trustees, beneficiaries, and creditors of trusts
and of trusts and estates; relating to individual retirement
accounts and plans; relating to certain trusts in divorce and
dissolutions of marriage situations; and providing for an
effective date."
MOVED SB 298 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 289
SHORT TITLE: INSURANCE
SPONSOR(s): LABOR & COMMERCE BY REQUEST
02/13/06 (S) READ THE FIRST TIME - REFERRALS
02/13/06 (S) L&C, FIN
02/16/06 (S) L&C AT 1:30 PM BELTZ 211
02/16/06 (S) Heard & Held
02/16/06 (S) MINUTE(L&C)
02/23/06 (S) L&C AT 1:30 PM BELTZ 211
BILL: SB 298
SHORT TITLE: TRUSTS: CHALLENGES; CLAIMS; LIABILITIES
SPONSOR(s): SENATOR(s) SEEKINS
02/14/06 (S) READ THE FIRST TIME - REFERRALS
02/14/06 (S) L&C, JUD
02/23/06 (S) L&C AT 1:30 PM BELTZ 211
WITNESS REGISTER
LINDA HALL, Director
Division of Insurance
Department of Commerce, Community & Economic Development
PO Box 110800
Juneau, AK 99811-0800
POSITION STATEMENT: Commented on SB 289.
KATIE CAMPBELL
Life and Health Actuary
Department of Commerce, Community & Economic Development
PO Box 110800
Juneau, AK 99811-0800
POSITION STATEMENT: Commented on SB 289.
DOUGLAS BLATTMACHR, President
Alaska Trust Company
Anchorage AK
POSITION STATEMENT: Supported SB 289.
RICHARD THWAITES, Chairman
Alaska Trust Company
Anchorage AK
POSITION STATEMENT: Supported SB 298.
BETH CHAPMAN, Atty.
Faulkner Banfield
Juneau AK
POSITION STATEMENT: Supported SB 298.
STEVEN GREER, Atty.
Anchorage AK
POSITION STATEMENT: Supported SB 298.
JONATHAN BLATTMACHR, Atty.
New York NY
POSITION STATEMENT: Supported SB 298.
DAVID SHAFTEL, Atty.
Juneau AK
POSITION STATEMENT: Supported SB 298.
RICH HOMPESCH
Hompesch and Evans
Fairbanks AK
POSITION STATEMENT: Supported SB 298.
ACTION NARRATIVE
CHAIR CON BUNDE called the Senate Labor and Commerce Standing
Committee meeting to order at 1:32:29 PM. Present were Senators
Ben Stevens, Ralph Seekins and Chair Con Bunde.
SB 289-INSURANCE
CHAIR CON BUNDE announced SB 289 to be up for consideration.
SENATOR BEN STEVENS moved to adopt Amendment 1 for discussion
purposes. There were no objections and it was so ordered.
Amendment 1
Offered by The Division of Insurance
TO: SB 289
Pages 12 - 13
AS 21.07.080 is amended to read:
*Sec. 15.a 21.07.080 IS AMENDED TO READ:
Sec. 21.07.080. Religious non-medical providers. This
chapter may not be construed to
(1) restrict or limit the right of a managed care entity to
include [HEALTH CARE] services provided by a religious
non-medical provider as medical [HEALTH] care services
covered by the managed care plan;
(2) require a managed care entity, when determining coverage
for [HEALTH CARE] services provided by a religious non-
medical provider, to
(A) apply medically based eligibility standards;
(B) use health care providers to determine access by a
covered person;
(C) use health care providers in making a decision on an
internal of external appeal; or
(D) require a covered person to be examined by a health
care provider as a condition of coverage; or
(3) require a managed care plan to exclude coverage for
[HEALTH CARE] services provided by a religious non-
medical provider because the religious non-medical
provider is not providing medical or other data required
from a health care provider if the medical or other data
is inconsistent with the religious non-medical treatment
or nursing care being provided.
AS 21.07.250 is amended by adding a new paragraph to read:
(18) "medical care" has the meaning given in AS
21.90.900(30)
AS 21.07.250(15) is amended to read:
(15) "religious non-medical provider" means a person who
[DOES NOT PROVIDE MEDICAL CARE, BUT WHO] provides only religious
non-medical treatment or nursing care for an illness or injury;
LINDA HALL, Director, Division of Insurance, Department of
Commerce, Community & Economic Development (DCCED), said that
Ms. Campbell, DCCED Life and Health Actuary, would explain the
amendment.
KATIE CAMPBELL, Life and Health Actuary, Division of Insurance,
Department of Commerce, Community & Economic Development
(DCCED), explained that an issue was raised about changing the
term "health care services" to "medical care services" and using
the term "medical care" with a religious non-medical provider.
It was really a terminology issue. She came up with an easy
solution that removed the offending term "medical" in AS
21.07.080 and added the definition of medical care to the
definitions in AS 21.07 (because that's the term that is used
throughout that chapter). She also clarified the definition of
religious non-medical provider and removed the term "medical
care" as well.
CHAIR BUNDE asked if it basically prevented the use of a double
negative - "non-medical medical care".
MS. CAMPBELL replied, "Exactly."
1:36:44 PM recessed 2:00:01 PM
CHAIR BUNDE announced there were no objections to Amendment 1
and it was adopted.
SENATOR SEEKINS moved to pass CSSB 289(L&C) from committee with
individual recommendations and attached fiscal notes. Senator
Seekins, Ben Stevens and Chair Bunde voted yea; and it was so
ordered.
2:01:43 PM recess 2:02:42 PM
SB 298-TRUSTS: CHALLENGES; CLAIMS; LIABILITIES
2:03:21 PM
CHAIR CON BUNDE announced SB 298 to be up for consideration.
SENATOR RALPH SEEKINS, sponsor of SB 298, said that it revises
Titles 13 and 34 pertaining to the administration of trust
assets. The updates include the clarifying language relating to
the various powers conferred upon the trustee, trustee reporting
requirements and claims made against trust assets. Updates to
language in Title 34 pertain to the exemption from transfer
provisions for certain IRA trust assets, technical corrections
made to AS 32.40.110(b) and the handling of trust assets in
cases of divorce or dissolution.
He explained that since 1997, the Alaska State Legislature has
consistently worked to update and improve the laws regarding the
use and administration of trusts. As a result, Alaska is
considered one of the premier trust jurisdictions in the
country. At least seven other states have enacted legislation
similar to Alaska's. The proposed updates are intended to
preserve Alaska's leading position within the universes of trust
products and services offered nationwide. Alaska's trust laws
encourage citizens to keep their assets in the state and attract
capital from all over the country. SB 298 clarifies previous
trust legislation, makes the administration of trusts in Alaska
more efficient and cost effective. It will keep Alaska as the
jurisdiction of choice for trust administration.
DOUGLAS BLATTMACHR, President, Alaska Trust Company, supported
Senator Seekins comments and SB 298.
2:07:24 PM
MR. RICHARD THWAITES, Chairman, Alaska Trust Company, said that
most of his clients don't use the services of the Alaska Trust
Company, but the estate planning services he does provide are
now more easily attainable and beneficial to them because of
Alaska's trust law.
BETH CHAPMAN, Atty., Faulkner and Banfield, said she also works
with individual Alaskans in planning their estates and this bill
continues to improve the state's law, which assists them in
meeting their estate planning goals, particularly in responding
to changed circumstances in their family. SB 298 continues to
improve Alaska trust laws. She was not aware of any opposition
to SB 298.
STEVEN GREER, private practitioner in Anchorage, said he was not
connected with the Alaska Trust Company, but that SB 298
improved Alaska's trust laws and he supported its passage.
2:09:58 PM
JONATHAN BLATTMACHR, Atty., said he practices primarily in New
York City, but has a license in Alaska. He said that seven other
states have tried to do "copycat" legislation of the Alaska
trust provisions. He supported SB 298 saying it would continue
to draw business to Alaska before people turn to other states.
DAVID SHAFTEL, Atty., said he is a member of the informal group
of estate and trust attorneys who practice in Alaska. His
clients have benefited from Alaska's superior estate and trust
laws. He participated in drafting some of the provisions and
urged passage of SB 298.
2:12:34 PM
RICH HOMPESCH, Hompesch and Evans, Fairbanks, supported previous
testimony and SB 298. He said his clients have benefited greatly
from Alaska's superior trust estate laws. He had heard of no
opposition to this bill.
CHAIR BUNDE asked Senator Seekins if he had heard of any
opposition to the bill.
2:13:42 PM
SENATOR SEEKINS replied that he hadn't heard of any opposition
to this bill. He moved to pass SB 298 from committee with
individual recommendations and attached zero fiscal note.
Senators Seekins, Ben Stevens and Chair Bunde voted yea; and SB
298 moved from committee.
CHAIR BUNDE adjourned the meeting at 2:15:30 PM.
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