04/14/2016 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic | 
|---|---|
| Start | |
| HB290 | |
| HB234 | |
| HB372 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 125 | TELECONFERENCED | |
| += | HB 305 | TELECONFERENCED | |
| + | HB 290 | TELECONFERENCED | |
| + | HB 372 | TELECONFERENCED | |
| + | HB 234 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
                    ALASKA STATE LEGISLATURE                                                                                  
          SENATE LABOR AND COMMERCE STANDING COMMITTEE                                                                        
                         April 14, 2016                                                                                         
                           1:35 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mia Costello, Chair                                                                                                     
Senator Cathy Giessel, Vice Chair                                                                                               
Senator Kevin Meyer                                                                                                             
Senator Gary Stevens                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 290                                                                                                              
"An  Act  extending  the  termination date  of  the  Real  Estate                                                               
Commission; and providing for an effective date."                                                                               
                                                                                                                                
     - MOVED HB 290 OUT OF COMMITTEE                                                                                            
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 234(L&C)                                                                                
"An  Act  relating  to  insurance   coverage  for  mental  health                                                               
benefits provided through telemedicine."                                                                                        
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 372(L&C) AM                                                                             
"An Act relating  to insurance; relating to the  annual report by                                                               
the  director of  policies and  variable annuities;  establishing                                                               
limitations on issuance of long-term  care insurance; relating to                                                               
expenses for insurance examinations;  relating to regulations for                                                               
insurance; relating  to requirements  for group  health insurance                                                               
policies;  amending the  insurance  utilization review,  benefits                                                               
determination,  health  care  insurance grievance  definition  of                                                               
'group  health  insurance';  relating to  motor  vehicle  service                                                               
contracts; resolution  procedures, independent review  of adverse                                                               
determinations or  final adverse relating to  notice requirements                                                               
for   meetings  of   stockholders  or   members  of   a  domestic                                                               
determinations, independent review  organizations, and continuing                                                               
education providers; insurer; establishing  a definition of 'bona                                                               
fide  association';  relating  to requirements  and  relating  to                                                               
required  provisions  for  health care  insurance  contracts  and                                                               
policies,  penalties  for  committing a  fraudulent  or  criminal                                                               
insurance  act;  updating  criteria  for  including  health  care                                                               
provider choice;  establishing civil  penalties for  insurers for                                                               
failure  examinations;   relating  to  rate   filing  deviations;                                                               
establishing  civil penalties  for certain  to provide  requested                                                               
records;  amending  the  definition  of 'wet  marine  and  wilful                                                               
violations;    and   providing    for    an   effective    date."                                                               
transportation'   insurance;  amending   provisions  on   limited                                                               
licenses  to  include  crop insurance;  relating  to  third-party                                                               
administrator    notification     requirements;    relating    to                                                               
certification   filing  by   reinsurance  intermediary   brokers;                                                               
relating  to  rate filings,  delivery  of  insurance policies  or                                                               
endorsements; relating to refunds of variable life insurance                                                                    
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 125                                                                                                              
"An   Act   relating  to   the   sale   of  products   containing                                                               
dextromethorphan; relating to  the regulation of dextromethorphan                                                               
by municipalities; and providing for an effective date."                                                                        
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 305(EDC)                                                                                
"An   Act   relating  to   the   sale   of  products   containing                                                               
dextromethorphan; relating to  the regulation of dextromethorphan                                                               
by municipalities; and providing for an effective date."                                                                        
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 290                                                                                                                  
SHORT TITLE: EXTENDING THE REAL ESTATE COMMISSION                                                                               
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
02/01/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/01/16       (H)       L&C, FIN                                                                                               
03/30/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/30/16       (H)       Moved  HB 290 Out of Committee                                                                         
03/30/16       (H)       MINUTE(L&C)                                                                                            
03/31/16       (H)       L&C RPT 2DP 5NR                                                                                        
03/31/16       (H)       DP: HUGHES, OLSON                                                                                      
03/31/16       (H)       NR: LEDOUX, TILTON, KITO, JOSEPHSON,                                                                   
                         COLVER                                                                                                 
04/11/16       (H)       FIN AT 8:30 AM HOUSE FINANCE 519                                                                       
04/11/16       (H)       -- MEETING CANCELED --                                                                                 
04/11/16       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
04/11/16       (H)       Moved  HB 290 Out of Committee                                                                         
04/11/16       (H)       MINUTE(FIN)                                                                                            
04/12/16       (H)       FIN RPT 3DP 5NR 1AM                                                                                    
04/12/16       (H)       DP: SADDLER, MUNOZ, THOMPSON                                                                           
04/12/16       (H)       NR: PRUITT, WILSON, GUTTENBERG, GATTIS,                                                                
                         EDGMON                                                                                                 
04/12/16       (H)       AM: KAWASAKI                                                                                           
04/12/16       (H)       TRANSMITTED TO (S)                                                                                     
04/12/16       (H)       VERSION: HB 290                                                                                        
04/13/16       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/13/16       (S)       L&C, FIN                                                                                               
04/14/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 234                                                                                                                  
SHORT TITLE: INSURANCE COVERAGE FOR TELEMEDICINE                                                                                
SPONSOR(s): REPRESENTATIVE(s) VAZQUEZ                                                                                           
                                                                                                                                
01/19/16       (H)       PREFILE RELEASED 1/8/16                                                                                
01/19/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/19/16       (H)       HSS, L&C                                                                                               
03/15/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/15/16       (H)       Heard & Held                                                                                           
03/15/16       (H)       MINUTE(HSS)                                                                                            
03/17/16       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/17/16       (H)       Moved  HB 234 Out of Committee                                                                         
03/17/16       (H)       MINUTE(HSS)                                                                                            
03/18/16       (H)       HSS RPT 3DP 1NR 1AM                                                                                    
03/18/16       (H)       DP: TARR, VAZQUEZ, WOOL                                                                                
03/18/16       (H)       NR: TALERICO                                                                                           
03/18/16       (H)       AM: SEATON                                                                                             
04/06/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/06/16       (H)       Heard & Held                                                                                           
04/06/16       (H)       MINUTE(L&C)                                                                                            
04/11/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/11/16       (H)       Moved  CSHB 234(L&C) Out of Committee                                                                  
04/11/16       (H)       MINUTE(L&C)                                                                                            
04/12/16       (H)       L&C RPT CS(L&C) 3DP 3NR                                                                                
04/12/16       (H)       DP: TILTON, HUGHES, OLSON                                                                              
04/12/16       (H)       NR: LEDOUX, KITO, JOSEPHSON                                                                            
04/13/16       (H)       TRANSMITTED TO (S)                                                                                     
04/13/16       (H)       VERSION: CSHB 234(L&C)                                                                                 
04/14/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: HB 372                                                                                                                  
SHORT TITLE: OMNIBUS INSURANCE                                                                                                  
SPONSOR(s): LABOR & COMMERCE                                                                                                    
                                                                                                                                
03/21/16       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/21/16       (H)       L&C                                                                                                    
03/28/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/28/16       (H)       Heard & Held                                                                                           
03/28/16       (H)       MINUTE(L&C)                                                                                            
03/30/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
03/30/16       (H)       Heard & Held                                                                                           
03/30/16       (H)       MINUTE(L&C)                                                                                            
04/04/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/04/16       (H)       Heard & Held                                                                                           
04/04/16       (H)       MINUTE(L&C)                                                                                            
04/06/16       (H)       L&C AT 3:15 PM BARNES 124                                                                              
04/06/16       (H)       Moved  CSHB 372(L&C) Out of Committee                                                                  
04/06/16       (H)       MINUTE(L&C)                                                                                            
04/07/16       (H)       L&C RPT CS(L&C) 1DP 6NR                                                                                
04/07/16       (H)       DP: OLSON                                                                                              
04/07/16       (H)       NR: LEDOUX, TILTON, HUGHES, KITO,                                                                      
                         JOSEPHSON, COLVER                                                                                      
04/13/16       (H)       TRANSMITTED TO (S)                                                                                     
04/13/16       (H)       VERSION: CSHB 372(L&C) AM                                                                              
04/14/16       (S)       L&C AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
LAURA STIDOLPH, Staff                                                                                                           
Representative Kurt Olson and                                                                                                   
House Labor and Commerce Committee                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced the legislation on behalf of the                                                              
sponsor speaking to the following sponsor statement:                                                                            
                                                                                                                                
KRIS CURTIS, Legislative Auditor                                                                                                
Division of Legislative Audit                                                                                                   
Legislative Affairs Agency                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing on HB 290, reviewed the                                                               
sunset audit findings for the Real Estate Commission.                                                                           
                                                                                                                                
SARAH CHAMBERS, Operations Manager                                                                                              
Division of Corporations, Business and Professional Licensing                                                                   
Department of Commerce, Community and Economic Development                                                                      
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided information related to HB 290.                                                                  
                                                                                                                                
ED MARTIN, representing himself                                                                                                 
Cooper Landing, Alaska                                                                                                          
POSITION STATEMENT:  Testified on HB 290.                                                                                     
                                                                                                                                
TRACI BARICKMAN                                                                                                                 
Alaska Real Estate Commission                                                                                                   
Mat-Su, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 290.                                                                          
                                                                                                                                
ANITA HALTERMAN, Staff                                                                                                          
Representative Liz Vazquez                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 234 on behalf of the sponsor.                                                              
                                                                                                                                
REPRESENTATIVE LIZ VAZQUEZ                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 234.                                                                                       
                                                                                                                                
LORI WING-HEIER                                                                                                                 
Director                                                                                                                        
Division of Insurance                                                                                                           
Department of Commerce, Community and Economic Development                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided information related to HB 234.                                                                  
                                                                                                                                
STACY TONER, Deputy Director                                                                                                    
Division of Behavioral health                                                                                                   
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 234.                                                                          
                                                                                                                                
LYN FREEMAN                                                                                                                     
MIND MATTERS RESEARCH                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 234.                                                                          
                                                                                                                                
KELLY PUFF, representing herself                                                                                                
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified in support of HB 234.                                                                          
                                                                                                                                
DR. AROM EVANS, Medical Director                                                                                                
Orion Behavioral                                                                                                                
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Testified in support of HB 234.                                                                          
                                                                                                                                
KONRAD JACKSON, Staff                                                                                                           
Senator Kurt Olson                                                                                                              
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 372 on behalf of the sponsor.                                                              
                                                                                                                                
LORI WING-HEIER, Director                                                                                                       
Division of Insurance                                                                                                           
Department of Commerce, Community and Economic Development                                                                      
Anchorage, Alaska                                                                                                             
POSITION STATEMENT:  Provided information on HB 372.                                                                          
                                                                                                                                
DAVE DONLEY, representing himself                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Requested the committee amend HB 372.                                                                    
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:35:01 PM                                                                                                                    
CHAIR MIA COSTELLO called the  Senate Labor and Commerce Standing                                                             
Committee meeting  to order at 1:35  p.m. Present at the  call to                                                               
order  were  Senators  Giessel,   Stevens,  and  Chair  Costello.                                                               
Senator Meyer arrived soon thereafter. She reviewed the agenda.                                                                 
                                                                                                                                
          HB 290-EXTENDING THE REAL ESTATE COMMISSION                                                                       
                                                                                                                                
1:35:49 PM                                                                                                                    
CHAIR COSTELLO announced the consideration of HB 290.                                                                           
                                                                                                                                
1:36:42 PM                                                                                                                    
LAURA  STIDOLPH, Staff,  Representative Kurt  Olson, House  Labor                                                               
and  Commerce  Committee,  sponsor  of  HB  290,  introduced  the                                                               
legislation on  behalf of the  sponsor speaking to  the following                                                               
sponsor statement:                                                                                                              
                                                                                                                                
     HB  290 extends  the sunset  date for  the Real  Estate                                                                    
     Commission to June 30, 2018.                                                                                               
                                                                                                                                
     I encourage  all the members to  review the Legislative                                                                    
     Audit summary and  the full audit report.  You will see                                                                    
     that in  the opinion of  our auditors, the  Real Estate                                                                    
     Commission   is  serving   the  public's   interest  by                                                                    
     effectively  licensing real  estate brokers,  associate                                                                    
     brokers, and  salespersons. Additionally, it  was found                                                                    
     that  the  board  worked   to  improve  operations  and                                                                    
    industry   practices   by    modifying   and   adopting                                                                     
     regulations.                                                                                                               
                                                                                                                                
MS.  STIDOLPH said  the audit  made two  recommendations: 1)  the                                                               
chair  of  the  Real  Estate   Commission  and  the  director  of                                                               
Administrative   Services  for   the   Department  of   Commerce,                                                               
Community and  Economic Development (DCCED) should  work together                                                               
to procure a master errors  and omissions insurance policy and 2)                                                               
the   Division  of   Corporations,   Business  and   Professional                                                               
Licensing should  take action to  ensure that cases  are actively                                                               
investigated.  She  concluded  that the  Real  Estate  Commission                                                               
serves  an important  role by  improving operations  and industry                                                               
practices by modifying and adopting regulations.                                                                                
                                                                                                                                
1:38:25 PM                                                                                                                    
CHAIR COSTELLO asked how many members serve on the commission.                                                                  
                                                                                                                                
MS. STIDOLPH replied  there are five members:  two sales persons,                                                               
two brokers and one public member.                                                                                              
                                                                                                                                
1:39:12 PM                                                                                                                    
KRIS CURTIS, Legislative Auditor,  Division of Legislative Audit,                                                               
reviewed the audit  findings for the Real  Estate Commission. She                                                               
emphasized  that the  audit recommended  a six-year  extension on                                                               
the condition that the board  demonstrate by January 2016 that it                                                               
was  able  to secure  a  master  errors and  omissions  insurance                                                               
policy.  Otherwise,  the  recommendation   was  for  a  four-year                                                               
extension. She noted the bill calls for a two-year extension.                                                                   
                                                                                                                                
The  audit   made  two  recommendations.   First  was   that  the                                                               
commission  work  with  DCCED  to  secure  a  master  errors  and                                                               
omissions  policy for  real estate  licensees. The  law requiring                                                               
this  insurance   became  effective   in  2010.   The  department                                                               
established  the  terms  and  conditions   of  the  insurance  in                                                               
December 2011 but the board  delayed establishing regulations for                                                               
the insurance  until October 2014. The  Division of Corporations,                                                               
Business  and   Professional  Licensing   and  the   Division  of                                                               
Administrative Services  cited the reason  for the delay  was the                                                               
overall  complexity  of  the  project,   the  lack  of  insurance                                                               
expertise, and  the length  of time  the commission  involved the                                                               
Department of Law  in drafting the regulations.  She advised that                                                               
not securing the policy essentially  removes the requirement from                                                               
all licensees thereby  exposing the public to  error and omission                                                               
risks in real estate transactions.                                                                                              
                                                                                                                                
The second recommendation was for  the chief investigator to take                                                               
action to  ensure that  all cases  are actively  investigated and                                                               
completed  timely.  Of  the 235  investigations  that  were  open                                                               
during the  time period that was  audited, significant inactivity                                                               
was found  in 29  of the  36 cases that  were tested.  During the                                                               
audit, 11 of those inactive cases  were closed because of the age                                                               
of  the matter.  The reasons  for  the excessive  time lags  were                                                               
inadequate monitoring  and insufficient oversight to  ensure that                                                               
investigations  were completed  timely. The  consequence is  that                                                               
consumers   may  not   have   been   adequately  protected   from                                                               
incompetent or unlawful licensees.                                                                                              
                                                                                                                                
MS.  CURTIS  said the  department  and  the commission  generally                                                               
concurred with the audit recommendations.                                                                                       
                                                                                                                                
1:42:21 PM                                                                                                                    
CHAIR COSTELLO asked how the  audit findings were communicated to                                                               
the commission, and the commission's response.                                                                                  
                                                                                                                                
MS. CURTIS explained that there  is communication with management                                                               
and the  board chair during the  audit and a formal  exit meeting                                                               
that  describes   the  findings.  A   draft  of  the   report  is                                                               
subsequently sent  to both  the board  chair and  the department,                                                               
which  provides an  opportunity  for each  to provide  additional                                                               
information.  The  preliminary report  then  is  provided to  the                                                               
Legislative Budget and  Audit (LB&A) Committee and  the board and                                                               
department are allowed  to formally comment on  the report. Those                                                               
comments are found at the back of the report.                                                                                   
                                                                                                                                
1:43:13 PM                                                                                                                    
SENATOR MEYER joined the committee.                                                                                             
                                                                                                                                
SENATOR STEVENS asked  what the current recommendation  is for an                                                               
extension.                                                                                                                      
                                                                                                                                
MS. CURTIS said she favors four  years. The two years proposed in                                                               
the bill is  acceptable but it means they would  begin that audit                                                               
work next year.                                                                                                                 
                                                                                                                                
SENATOR STEVENS  asked what it  would mean to the  audit division                                                               
if the bill was amended to four years.                                                                                          
                                                                                                                                
MS. CURTIS said  it depends on the year, but  next year they will                                                               
be very busy with 10 sunset audits.                                                                                             
                                                                                                                                
CHAIR  COSTELLO  asked  if  the bill  passed  several  years  ago                                                               
requiring audits for the departments weighs into the workload.                                                                  
                                                                                                                                
MS.  CURTIS replied  it affects  her workload  but not  the audit                                                               
staff, and that has been deleted for FY2017 going forward.                                                                      
                                                                                                                                
1:45:45 PM                                                                                                                    
SARAH  CHAMBERS, Operations  Manager,  Division of  Corporations,                                                               
Business  and  Professional  Licensing, Department  of  Commerce,                                                               
Community  and  Economic  Development  (DCCED),  Juneau,  Alaska,                                                               
introduced herself.                                                                                                             
                                                                                                                                
CHAIR COSTELLO asked  her to discuss the financial  status of the                                                               
Real Estate Commission and comment on the findings in the audit.                                                                
                                                                                                                                
MS.  CHAMBERS said  the Real  Estate  Commission is  in a  strong                                                               
fiscal condition  and has a  healthy surplus. With regard  to the                                                               
recommendations,  timely  investigations  has  been  a  recurring                                                               
theme for  all boards and  commissions, not just the  Real Estate                                                               
Commission.  To address  this problem,  a new  chief investigator                                                               
has  made  structural  changes to  improve  caseload  management.                                                               
There  is also  improved engagement  and professionalism  between                                                               
the  investigative unit  and  the Real  Estate  Commission in  an                                                               
effort to  reduce the number  of investigations and the  time lag                                                               
identified in the  audit. In 2015 there were 116  total cases and                                                               
only 36 were investigations.                                                                                                    
                                                                                                                                
She  described the  errors and  omissions insurance  as a  sticky                                                               
wicket. The initial  delay was a result of spending  about a year                                                               
to get guidance  from the Department of Law, followed  by a delay                                                               
to  try to  understand how  the  pieces work  together. Once  the                                                               
commission  and  the  division   adopted  regulations,  a  public                                                               
invitation  for insurers  to bid  went out  in November  2015 and                                                               
there was  no response. Two  comments were that the  structure of                                                               
providing E&O  insurance was not attractive  because the insurers                                                               
couldn't assess  their risk. Insurers  had no information  on the                                                               
risk pool  being presented and the  $300 cap the division  set in                                                               
regulation for an  annual premium (the cap that  sales people and                                                               
brokers would pay) was not  attractive in the current market. The                                                               
division is actively  working with the commission  to discern the                                                               
next  step,  including   an  analysis  of  whether   or  not  new                                                               
regulations need to be adopted to raise the premium.                                                                            
                                                                                                                                
1:51:47 PM                                                                                                                    
SENATOR STEVENS asked  how long it will be  before the commission                                                               
has E&) insurance.                                                                                                              
                                                                                                                                
MS. CHAMBERS replied  the hope is to have a  plan within the next                                                               
year.  She pointed  out that  the  E&O policy  isn't required  in                                                               
statute,  but  a clause  within  the  statute  says that  if  the                                                               
commission doesn't  have an E&O  policy, none of the  brokers and                                                               
licensees would be required to carry E&O insurance.                                                                             
                                                                                                                                
SENATOR STEVENS asked what length extension she supports.                                                                       
                                                                                                                                
MS. CHAMBERS replied  the division would work  with the timeframe                                                               
stated in the bill but having  longer might be more efficient and                                                               
effective.                                                                                                                      
                                                                                                                                
1:54:49 PM                                                                                                                    
SENATOR  STEVENS expressed  hesitation  to extend  the sunset  to                                                               
four years.                                                                                                                     
                                                                                                                                
MS.  CHAMBERS clarified  that the  commission has  seven members,                                                               
the majority of which are licensees.                                                                                            
                                                                                                                                
1:55:37 PM                                                                                                                    
ED MARTIN,  representing himself, Cooper Landing,  Alaska, stated                                                               
the  commission ought  to  be extended  a  minimum. He  expressed                                                               
appreciation that the legislature is trying to keep costs down.                                                                 
                                                                                                                                
1:57:24 PM                                                                                                                    
TRACI   BARICKMAN,  Member,   Alaska   Real  Estate   Commission,                                                               
testified  in  support  of  HB  290.  She  related  her  personal                                                               
experience  as  a  professional   realtor.  She  said  the  board                                                               
operates within  its budget  and does not  burden the  state. She                                                               
related that  most complaints  that are  filed have  a legitimate                                                               
foundation   and   often   licensees  are   disciplined   through                                                               
education, fines and sometimes suspension  or revocation of their                                                               
license. She said the commission  works to keep regulations up to                                                               
date  with  the constantly  changing  real  estate industry.  The                                                               
sunset audit  last year concluded  the commission is  serving the                                                               
public interest  and recommended an extension  with the condition                                                               
of obtaining a master insurance  policy. They are working through                                                               
that  process  and   a  shorter  extension  will   make  it  more                                                               
difficult.  She stressed  that  to terminate  or  not extend  the                                                               
commission  would take  away an  important guardian  for consumer                                                               
protection.                                                                                                                     
                                                                                                                                
CHAIR COSTELLO asked if she is  saying it would be challenging to                                                               
meet the condition  of obtaining an E&O policy  if the commission                                                               
is extended just two years.                                                                                                     
                                                                                                                                
MS.  BARICKMAN replied  she believes  it will  take at  least two                                                               
years. She noted  that most realtors already  carry E&O insurance                                                               
and during  a recent commission meeting  she recommended removing                                                               
subsection  (e) of  the  E&O insurance  statute.  That voids  the                                                               
requirement for brokers  and licensees to carry  E&O insurance if                                                               
the  commission is  unable to  obtain a  master policy.  It's not                                                               
possible to  get a master  policy until there is  some historical                                                               
data and apparently that is lacking.                                                                                            
                                                                                                                                
2:02:34 PM                                                                                                                    
SENATOR STEVENS asked if she  is saying that most licensees carry                                                               
E&O insurance regardless of whether the commission does.                                                                        
                                                                                                                                
MS. BARICKMAN answered yes.                                                                                                     
                                                                                                                                
SENATOR STEVENS  asked what the  exposure is  to the public  if a                                                               
licensee doesn't have this insurance.                                                                                           
                                                                                                                                
MS. BARICKMAN replied the brokers are most at risk.                                                                             
                                                                                                                                
2:04:23 PM                                                                                                                    
CHAIR COSTELLO  closed public testimony  on HB 290. She  asked if                                                               
there were any questions.                                                                                                       
                                                                                                                                
SENATOR STEVENS asked  to hear from the  department about whether                                                               
the  public and  brokers would  be  protected if  there wasn't  a                                                               
requirement for the commission to carry a master E&O policy.                                                                    
                                                                                                                                
2:05:23 PM                                                                                                                    
MS.  CHAMBERS   related  that  the   statute  says   brokers  and                                                               
salespersons must carry errors and  omissions insurance, but they                                                               
are  exempt from  that requirement  as  long as  the Real  Estate                                                               
Commission doesn't have a master  E&O policy. Once the commission                                                               
has a policy,  everyone under their governance must  also carry a                                                               
policy either privately  or through the master  policy. She noted                                                               
that  a bill  that removes  the exemption  is moving  through the                                                               
process, but it hasn't passed.                                                                                                  
                                                                                                                                
2:06:59 PM                                                                                                                    
CHAIR  COSTELLO  found  no  further  questions  and  solicited  a                                                               
motion.                                                                                                                         
                                                                                                                                
2:07:05 PM                                                                                                                    
SENATOR  GIESSEL moved  to report  HB  290, labeled  29-LS1345\W,                                                               
from  committee  with  individual  recommendations  and  attached                                                               
fiscal note(s).                                                                                                                 
                                                                                                                                
2:07:17 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:07:26 PM                                                                                                                    
CHAIR COSTELLO  announced that without  objection, HB  290 passed                                                               
from the Senate Labor and Commerce Standing Committee.                                                                          
                                                                                                                                
2:07:40 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
           HB 234-INSURANCE COVERAGE FOR TELEMEDICINE                                                                       
                                                                                                                                
2:09:03 PM                                                                                                                    
CHAIR COSTELLO announced the consideration  of HB 234. She stated                                                               
that  the   intent  is   to  hear  from   the  sponsor   and  the                                                               
administration,   take  questions   from  members,   hear  public                                                               
testimony and hold the bill for further review.                                                                                 
                                                                                                                                
2:09:34 PM                                                                                                                    
ANITA HALTERMAN, Staff, Representative  Liz Vazquez, Alaska State                                                               
Legislature,  stated that  HB 234  seeks to  require health  care                                                               
insurers that  offer, issue, or  renew health insurance  plans in                                                               
Alaska  to reimburse  mental health  professionals for  medically                                                               
necessary services delivered using  telemedicine via secure phone                                                               
or  internet  video  applications.  This  legislation  would  not                                                               
require an  initial face-to-face visit but  requires providers be                                                               
licensed in Alaska.                                                                                                             
                                                                                                                                
HB 234  is a parity bill.  Currently, 32 states and  the District                                                               
of Columbia have  telehealth parity laws that  require the option                                                               
of  telemedicine.  Only  Arizona requires  a  face-to-face  visit                                                               
before mental health services can be delivered via telehealth.                                                                  
                                                                                                                                
2:11:20 PM                                                                                                                    
CHAIR  COSTELLO asked  if the  lack of  face-to-face interactions                                                               
has been an issue in other states.                                                                                              
                                                                                                                                
MS.  HALTERMAN replied  it  is appropriate  for  a mental  health                                                               
professional to require a face-to-face  encounter if they deem it                                                               
appropriate.  This legislation  seeks to  prohibit the  insurance                                                               
industry from imposing that requirement.                                                                                        
                                                                                                                                
CHAIR COSTELLO summarized  that the insurance would  not check to                                                               
see if there  was a face to face interaction.  The claim would be                                                               
handled absent that information.                                                                                                
                                                                                                                                
MS. HALTERMAN agreed.                                                                                                           
                                                                                                                                
2:13:21 PM                                                                                                                    
REPRESENTATIVE LIZ VAZQUEZ, Alaska  State Legislature, sponsor of                                                               
HB 234, stated  that this legislation provides  access to medical                                                               
care that is often difficult for  people living in rural areas to                                                               
access. Even in a city as  large as Fairbanks there can be access                                                               
issues. Some people  are also limited by  age, mobility, stamina,                                                               
and transportation from making a trip to a health care provider.                                                                
                                                                                                                                
CHAIR  COSTELLO asked  if this  would cover  Medicaid recipients.                                                               
She shared  that a  constituent's son came  home from  the Alaska                                                               
Psychiatric  Institute  (API) and  wasn't  willing  to visit  the                                                               
doctor to  renew a  prescription.  The  doctor wasn't  willing to                                                               
make a home visit because transportation wasn't reimbursed.                                                                     
                                                                                                                                
MS.  VAZQUEZ  answered  yes;  Medicaid   has  the  gold  standard                                                               
regulations for telehealth delivery.                                                                                            
                                                                                                                                
CHAIR COSTELLO asked  if she was saying that a  phone call to the                                                               
doctor would have sufficed.                                                                                                     
                                                                                                                                
REPRESENTATIVE VAZQUEZ replied "it could be in that situation."                                                                 
                                                                                                                                
SENATOR  STEVENS  asked  if  the   Alaska  Native  Tribal  Health                                                               
Consortium delivers mental health services via telemedicine.                                                                    
                                                                                                                                
MS. HALTEMAN offered her understanding  that tribal entities have                                                               
federal  exemptions   that  allow  flexibility  in   the  use  of                                                               
telemedicine.  She said  many of  those  beneficiaries have  dual                                                               
eligibility through Medicaid  so there is a parity  issue and the                                                               
private sector is  falling behind. She directed  attention to the                                                               
50-state  analysis that  gives Alaska  an A+  for telehealth  for                                                               
Medicaid policies and an F for  the private sector. She said this                                                               
bill is the first of many to  come to help improve for people who                                                               
currently don't have access.                                                                                                    
                                                                                                                                
SENATOR  STEVENS   commented  that  parity  is   crucial  and  it                                                               
shouldn't matter what race you are.                                                                                             
                                                                                                                                
2:18:40 PM                                                                                                                    
SENATOR  GIESSEL  added  that the  Alaska  Native  Tribal  Health                                                               
Consortium has  been very successful  in providing  mental health                                                               
services  through  telemedicine  for  many years.  It  leads  the                                                               
nation in this area.                                                                                                            
                                                                                                                                
2:19:05 PM                                                                                                                    
LORI WING-HEIER,  Director, Division of Insurance,  Department of                                                               
Commerce,  Community  and  Economic Development  (DCCED),  stated                                                               
that,  as the  sponsor said,  HB 234  provides for  telemedicine.                                                               
Currently,  MODA provides  for telemedicine  in its  policies but                                                               
Premera  does not  in the  majority  of its  plans. The  division                                                               
worked with the sponsor in the drafting and has no comments.                                                                    
                                                                                                                                
2:20:12 PM                                                                                                                    
STACY  TONER, Deputy  Director,  Division  of Behavioral  health,                                                               
Department of  Health and Social Services  (DHSS), stated support                                                               
for HB 234.  She stressed the importance of  having mental health                                                               
services delivered via telehealth.  She said tribal organizations                                                               
that use the  division's services use telehealth  to give village                                                               
residents   access    to   psychiatrists   and    mental   health                                                               
professionals. She noted that telemedicine  has been available in                                                               
the Medicaid service array for  years. The only recommendation is                                                               
to use the term "telehealth" rather than telemedicine.                                                                          
                                                                                                                                
2:21:32 PM                                                                                                                    
CHAIR COSTELLO opened public testimony.                                                                                         
                                                                                                                                
2:21:44 PM                                                                                                                    
LYN FREEMAN,  Mind Matters Research,  testified in support  of HB
234.  She described  her professional  experience and  education.                                                               
She  described the  mental health  intervention she  designed and                                                               
tested  specifically   for  Alaskans.  When  she   published  the                                                               
outcomes, the National Institute of  Health (NIH) directed her to                                                               
make the intervention available to  people across Alaska. She was                                                               
specifically  directed   to  utilize  telemedicine  as   much  as                                                               
possible  to overcome  the barriers  to access  to care.  The NIH                                                               
wrote  letters  of  support and  asked  insurance  providers  for                                                               
assurance that  the intervention would be  available for patients                                                               
in  the office  setting and  through telemedicine.  She said  she                                                               
approached the insurance providers in  the state asking for their                                                               
support and  was stonewalled  at every point.  She was  told that                                                               
her patients would  not be covered unless she became  part of one                                                               
of their  programs or joined  their Teladoc program.  She decided                                                               
not to  treat patients via telemedicine  until legislation passed                                                               
that would protect  both her patients and herself.  She urged the                                                               
committee to pass the bill.                                                                                                     
                                                                                                                                
2:26:33 PM                                                                                                                    
KELLY  PUFF, representing  herself,  testified in  support of  HB
234. She related her experience as  a parent of a son with autism                                                               
and said  the family wouldn't  be intact  if it weren't  for home                                                               
telehealth. It's made all the difference to their family.                                                                       
                                                                                                                                
2:28:24 PM                                                                                                                    
DR.  AROM  EVANS,  Medical   Director,  Orion  Behavioral  Health                                                               
Network,  testified  in  support  of HB  234.  He  described  the                                                               
services the  company provides throughout the  state for children                                                               
and  adolescents  with  mental   health  conditions.  This  is  a                                                               
vulnerable population,  many of  which would  not have  access to                                                               
these   services  if   it   weren't   for  telehealth.   Medicaid                                                               
beneficiaries are  able to receive  telehealth services  in their                                                               
home, but  individuals with private  insurance don't  have access                                                               
to  these  service because  their  insurance  company won't  pay.                                                               
Oftentimes  the option  is  to  pay for  an  expensive flight  to                                                               
Anchorage or forego the care. He  urged the committee to pass the                                                               
bill.                                                                                                                           
                                                                                                                                
2:32:45 PM                                                                                                                    
CHAIR COSTELLO  closed public  testimony on HB  234 and  held the                                                               
bill in committee for further review.                                                                                           
                                                                                                                                
2:33:08 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
                    HB 372-OMNIBUS INSURANCE                                                                                
                                                                                                                                
2:36:40 PM                                                                                                                    
CHAIR  COSTELLO   reconvened  the   meeting  and   announced  the                                                               
consideration  of  HB  372.  [CSHB  372(L&C)  am  is  before  the                                                               
committee.]                                                                                                                     
                                                                                                                                
2:37:31 PM                                                                                                                    
KONRAD  JACKSON,   Staff,  Senator   Kurt  Olson,   Alaska  State                                                               
Legislature, introduced HB  372 the legislation on  behalf of the                                                               
House  Labor and  Commerce Committee,  speaking to  the following                                                               
sponsor statement:                                                                                                              
                                                                                                                                
     House Bill 372 is an insurance statute clean-up bill,                                                                      
     similar to ones introduced every few years.                                                                                
                                                                                                                                
     The bill  makes conforming  changes to  Alaska Statutes                                                                    
     which bring  us into compliance with  the ever changing                                                                    
     Federal  insurance laws.  The modernization  of several                                                                    
     provisions   to   Title   21  also   include   consumer                                                                    
     protection and insurer licensing restrictions.                                                                             
                                                                                                                                
       Your support for this important Title 21 update is                                                                       
     appreciated.                                                                                                               
                                                                                                                                
2:38:39 PM                                                                                                                    
LORI WING-HEIER, Director, Division of Insurance, Department of                                                                 
Commerce, Community and Economic Development (DCCED), Anchorage,                                                                
Alaska provided the following sectional analysis for HB 372:                                                                    
                                                                                                                                
     Sec. 1 AS 21.06.110 Director's annual report                                                                             
                                                                                                                                
     that  the director  include in  the  annual report  the                                                                    
     total  number  of  public  comments  received  and  the                                                                    
     director's efforts, to the extent  allowable by law, to                                                                    
     improve  or maintain  public access  to information  on                                                                    
     the  individual  health  care  insurance  rate  filings                                                                    
     before they  become effective. This  has been  added to                                                                    
     provide the  consumer with as  notice of  the impending                                                                    
     rate  filing  and the  impact  it  will have  on  their                                                                    
     healthcare insurance plan.                                                                                                 
                                                                                                                                
     Sec. 2 AS 21.06.120(a) Examination of insurers                                                                           
                                                                                                                                
     references  to   the  handbooks  used   throughout  the                                                                    
     country for financial  and market conduct examinations.                                                                    
     Both  publications   are  published  by   the  National                                                                    
     Association of  Insurance Commissioners.  Formerly, the                                                                    
     term   "Examiners'    Handbook"   was    a   sufficient                                                                    
     description  as  both  the  financial  examination  and                                                                    
     market conduct  examination handbooks used the  term in                                                                    
     their   title.  Now,   however,  the   "Market  Conduct                                                                    
     Examiners Handbook" is no longer  published and is part                                                                    
     of the "Market Regulation Handbook".                                                                                       
                                                                                                                                
     Sec. 3 AS 21.06.140(f) Conduct of examination                                                                            
                                                                                                                                
     references  to   the  handbooks  used   throughout  the                                                                    
     country for financial  and market conduct examinations.                                                                    
     Both  publications   are  published  by   the  National                                                                    
     Association of  Insurance Commissioners.  Formerly, the                                                                    
     term   "Examiners'    Handbook"   was    a   sufficient                                                                    
     description  as  both  the  financial  examination  and                                                                    
     market conduct  examination handbooks used the  term in                                                                    
     their   title.  Now,   however,  the   "Market  Conduct                                                                    
     Examiners Handbook" is no longer  published and is part                                                                    
     of the "Market Regulation Handbook".                                                                                       
                                                                                                                                
     Sec. 4 AS 21.06.160(a) Examination expense                                                                               
                                                                                                                                
     general     agents,     third-party     administrators,                                                                    
     reinsurance   intermediary   managers,  motor   vehicle                                                                    
     service contract  providers, and surplus  lines brokers                                                                    
     from the requirements of  paying for division personnel                                                                    
     and  overhead costs  relating to  an examination;  such                                                                    
     entities  would  still  be  required  to  pay  for  the                                                                    
     division's  "out-of-pocket"  expenses including  travel                                                                    
     expenses and  for compensation of a  contract examiner,                                                                    
     however,  the entities  could apply  for a  waiver from                                                                    
     the director based on financial hardship.                                                                                  
                                                                                                                                
     Sec.  5 AS  21.07.005  Regulations  relating to  health                                                                  
     care insurance policies