Legislature(1997 - 1998)

02/17/1998 11:22 AM RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                SENATE RULES COMMITTEE                                         
                  February 17, 1998                                            
                      11:22 a.m.                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Tim Kelly, Chair                                                       
Senator Loren Leman, Vice Chair                                                
Senator Robin Taylor                                                           
Senator John Torgerson                                                         
Senator Jim Duncan                                                             
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
All members present                                                            
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
CS FOR HOUSE BILL NO. 309(RLS)                                                 
"An Act naming the Robert B. Atwood Building."                                 
                                                                               
HOUSE JOINT RESOLUTION NO. 29                                                  
Supporting an increase in federal funding for prostate cancer                  
research.                                                                      
                                                                               
SENATE BILL NO. 197                                                            
"An Act relating to health care services provided by, and practices            
of, a health maintenance organization; and prohibiting health                  
maintenance organizations from limiting free speech of health care             
providers."                                                                    
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
HB 309 - No previous action to record.                                         
                                                                               
HJR 29 - See Senate Health, Education & Social Services minutes                
         dated 5/7/97.                                                         
                                                                               
SB 197 - See HESS minutes dated 1/14/98, 1/16/98, and 1/21/98.                 
                                                                               
WITNESS REGISTER                                                               
                                                                               
Ms. Annette Deal, Staff to Representative John Cowdery                         
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Offered information on CSHB 209(RLS)                    
                                                                               
                                                                               
Keith Gerken                                                                   
Division of General Services                                                   
Department of Administration                                                   
P.O. Box 110210                                                                
Juneau, AK 99811-0210                                                          
  POSITION STATEMENT:  Testified in support of CSHB 209(RLS)                   
                                                                               
Representative Kim Elton                                                       
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Prime Sponsor of HJR 29                                 
                                                                               
Senator Dave Donley                                                            
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
  POSITION STATEMENT:  Prime Sponsor of SB 197                                 
                                                                               
Ms. Lynn Hartz                                                                 
Alaska Nurse Practitioner Association                                          
3104 Brookside Drive                                                           
Anchorage, AK 99517                                                            
  POSITION STATEMENT:  Testified in support of CSSB 197(RLS) with              
                       inclusion of a suggested amendment                      
                                                                               
Ms. Kathy Volz                                                                 
Alaska Physical Therapy Association                                            
P.O. Box 140351                                                                
Anchorage, AK 99514                                                            
  POSITION STATEMENT:  Testified in support of CSSB 197(RLS)                   
                                                                               
ACTION NARRATIVE                                                               
TAPE 98-1 , SIDE A                                                             
                                                                               
             HB 309 - NAMING ATWOOD BLDG IN ANCHORAGE                          
                                                                               
CHAIRMAN KELLY called the Senate Rules Committee meeting to order              
at 11:22 a.m., and noted all members were present.  He then brought            
CSHB 309(RLS) before the committee as the first order of business.             
                                                                               
ANNETTE DEAL, staff to Representative John Cowdery who is the prime            
sponsor of the legislation, explained HB 309 was originally a one              
sentence bill to change the name of the Bank of America Building in            
Anchorage, which was recently purchased by the state of Alaska, to             
the Robert B. Atwood Building.  However,  it came to the sponsor's             
attention that the Bank of America had sign rights in their lease.             
The committee substitute added a new sentence to give the                      
Department of Administration the right to negotiate that lease for             
sign rights.                                                                   
                                                                               
CHAIRMAN KELLY related that his understanding from Representative              
Cowdery is that there has been a understanding reached with the                
Bank of America and they are close to agreeing to name the building            
the Bank of America, Robert B. Atwood Building until the year 2002             
when the ability of the naming of it by the Bank of America                    
expires.                                                                       
                                                                               
CHAIRMAN KELLY asked Mr. Gerken of the Department of Administration            
if there are any legal problems with this arrangement.  KEITH                  
GERKEN stated the amended bill solves the conflict between the                 
proposal and lease which the state inherited upon the purchase of              
the building.                                                                  
                                                                               
There being no further testimony on CSHB 309(RLS), CHAIRMAN KELLY              
asked for the will of the committee.                                           
                                                                               
SENATOR LEMAN stated it was appropriate to name the Bank of America            
Building after a man who contributed so much to the state of                   
Alaska.  He then moved CSHB 309(RLS) be passed out of committee                
with individual recommendations and approved for calendaring at the            
discretion of the Chair.  Hearing no objection, it was so ordered.             
                                                                               
                                                                               
          HJR 29 - FUNDING FOR PROSTATE CANCER RESEARCH                        
                                                                               
CHAIRMAN KELLY brought HJR 29 before the committee as the next                 
order of business.  He directed attention to a proposed Rules SCS.             
                                                                               
REPRESENTATIVE KIM ELTON, prime sponsor of HJR 29, said the                    
resolution asks the federal government to raise the awareness of               
prostate cancer research programs and to more fully fund prostate              
cancer research.  He pointed out prostate cancer afflicts one out              
of every five men and causes 41,000 deaths a year.                             
                                                                               
Representative Elton explained the committee substitute changes two            
references from 1997 to 1998.  On page 1, line 7, the 334,500 new              
cases of prostrate cancer figure has been changed to 209,900 which             
more accurately reflects what the number is.                                   
                                                                               
There being no further testimony on HJR 29, CHAIRMAN KELLY                     
requested motions on the legislation.                                          
                                                                               
SENATOR DUNCAN moved the adoption of SCS HJR 29(RLS).  Hearing no              
objection, the motion carried.                                                 
                                                                               
SENATOR DUNCAN moved SCS HJR 29(RLS) be approved for calendaring at            
the discretion of the Chair.  Hearing no objection, it was so                  
ordered.                                                                       
                                                                               
                                                                               
           SB 197 - REGULATING HEALTH MAINTENANCE ORGS.                        
                                                                               
CHAIRMAN KELLY brought SB 197 before the committee and noted there             
was a proposed Rules CS for the committee's consideration.                     
                                                                               
SENATOR DAVE DONLEY, prime sponsor of SB 197, explained the                    
committee substitute adds language on page 3, line 21, which                   
provides that health maintenance organizations would have to                   
provide an 'point of service' option that could require additional             
costs on the part of  the people that choose option, but it would              
allow them to go to other types of health care.  He said it is a               
way of making sure the consumers have an option to buy additional              
coverages of the types  that they may feel is appropriate and not              
be limited by HMOs to not have that option available to them.                  
                                                                               
Senator Donley voiced his support for an amendment that was being              
offered by Senator Leman.  He said the amendment also increases                
consumer options within the HMO system.                                        
                                                                               
SENATOR TAYLOR moved the adoption of CSSB 197(RLS).  Hearing no                
objection, the motion carried.                                                 
                                                                               
SENATOR LEMAN moved adoption of the following amendment to CSSB
197(RLS).  CHAIRMAN KELLY objected for the purpose of discussion on            
the amendment.                                                                 
                                                                               
Amendment No. 1                                                                
                                                                               
Page 1, following line 7, insert a new bill section to read:                   
   "*Section 1.  AS 21.36.090(d) is amended to read:                           
          (d)  Except to the extent necessary to comply with AS                
21.42.365 and AS 21.56, a person may not practice or permit unfair             
discrimination against a person who provides a service covered                 
under a group health insurance policy that extends coverage on an              
expense incurred basis, or under a group service or indemnity type             
contract issued by a health maintenance organization or a nonprofit            
corporation, if the service is within the scope of the provider's              
occupational license.  In this subsection, "provider" means a state            
licensed physician, dentist, osteopath, optometrist, chiropractor,             
nurse midwife, advanced nurse practitioner, naturopath, physical               
therapist, occupational therapist, psychologist, psychological                 
associate, or licensed clinical social worker, or certified direct-            
entry midwife."                                                                
                                                                               
Page 1, line 8:  Delete "Section 1." and insert "Sec. 2."                      
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
CHAIRMAN KELLY stated the committee would take testimony from                  
Anchorage via the teleconference network.                                      
                                                                               
LYNN HARTZ, a family nurse practitioner and a legislative                      
representative of the Alaska Nurse Practitioner Association,                   
testified in support of CSSB 197(RLS).  She said it contains some              
important consumer protection aspects relating to disclosure to the            
enrollee of what is covered and what will not be covered, as well              
as protecting the lines of communication between the clinician and             
patient.                                                                       
                                                                               
Ms. Hartz suggested that in addition to the changes in the                     
committee substitute and the proposed amendment, there is                      
additional language in the HMO statutes that would need to be                  
changed to allow enrollees continued choice in their health care               
providers inside the HMO network.  She said it is their view that              
the change will allow health care consumer choice in their                     
preferred health care provider inside the HMO network as Senator               
Donley's amendment provides for choice in providers outside the HMO            
network.  She said she would fax the suggested change to the                   
Chairman.                                                                      
                                                                               
KATHY VOLZ, testifying from Anchorage on behalf of the Alaska                  
Physical Therapy Association, voiced their support for the                     
committee substitute and Senator Leman's amendment.                            
                                                                               
CHAIRMAN KELLY removed his objection to the adoption of Amendment              
No. 1, and there being no further objection, he stated the                     
amendment was adopted and it would be incorporated into a new Rules            
CS.                                                                            
                                                                               
SENATOR TAYLOR moved and asked unanimous consent CSSB 197(RLS), as             
amended, be approved for calendaring at the discretion of the                  
Chair.  Hearing no objection, it was so ordered.                               
                                                                               
There being no further business to come before the committee, the              
meeting adjourned at 11:33 a.m.                                                

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