Legislature(1997 - 1998)

1997-05-09 Senate Journal

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1997-05-09                     Senate Journal                      Page 1923
SB 122                                                                       
CS FOR SENATE BILL NO. 122(L&C) An Act relating to unfair                      
discrimination under a group health insurance policy for services              
provided by marital and family therapists; and providing for an                
effective date which had been returned to the Rules Committee                  
(page 1452) was before the Senate on reconsideration.                          
                                                                               
Senator Leman moved that the Senate return to second reading for               
the purpose of rescinding its previous action in adopting the Labor            
and Commerce Committee Substitute.  Without objection, the bill                
was returned to second reading.                                                
                                                                               
Senator Leman moved that the Senate rescind its previous action in             
adopting the Labor and Commerce Committee Substitute (page                     
1344).  Senator Mackie objected.                                               
                                                                               
                                                                               

1997-05-09                     Senate Journal                      Page 1924
SB 122                                                                       
The question being: Shall the Senate rescind its previous action?              
The roll was taken with the following result:                                  
                                                                               
CSSB 122(L&C)                                                                  
Rescind previous action in adopting                                            
L&C Committee Substitute                                                       
                                                                               
YEAS:  13   NAYS:  6   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Leman, Lincoln,                  
Miller, Parnell, Phillips, Taylor, Torgerson, Ward                             
                                                                               
Nays:  Green, Halford, Mackie, Pearce, Sharp, Wilken                           
                                                                               
Excused:  Kelly                                                                
                                                                               
Sharp changed from "Yea" to "Nay".                                             
                                                                               
and so, the Senate rescinded its previous action.                              
                                                                               
The question being: Shall the Labor and Commerce Committee                     
Substitute be adopted?  The roll was taken with the following                  
result:                                                                        
                                                                               
CSSB 122(L&C)                                                                  
Second Reading                                                                 
Adopt L&C Committee Substitute?                                                
                                                                               
YEAS:  4   NAYS:  15   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Green, Halford, Mackie, Pearce                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Leman, Lincoln,                  
Miller, Parnell, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken              
                                                                               
Excused:  Kelly                                                                
                                                                               
and so, the Labor and Commerce Committee Substitute failed to be               
adopted.                                                                       
                                                                               
SENATE BILL NO. 122 was automatically in third reading on                      
reconsideration.                                                               
                                                                               

1997-05-09                     Senate Journal                      Page 1925
SB 122                                                                       
Senator Leman moved and asked unanimous consent for the adoption               
of the following Letter of Intent.                                             
                                                                               
                                Letter of Intent                               
                                      for                                      
                              SENATE BILL No. 122                              
                                                                               
AS 21.36.090(d) and Section 4, ch. 39, SLA 1993, require that no               
person may practice unfair discrimination against certain health               
care providers.  However, Alaska statutes are not specific in their            
distinction between fair and unfair discrimination.                            
                                                                               
It is the intent of the Legislature that the Division of Insurance             
develop regulations by January 15, 1998, to define the distinction             
between fair and unfair discrimination as those terms relate to                
the provision of services 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 nonprofit               
corporation, if the service is within the scope of a providers                 
occupational license, taking into account that unfair discrimination           
does not include:                                                              
		a) requirements imposed by an insurer for purposes                           
of utilization review as defined by the Division;                              
		b)  requirements imposed by an insurer for purposes                          
of cost containment, as defined by the Division; and                           
		c)  requirements imposed by an insurer for purposes                          
of setting standards of clinically appropriate health care services,           
including professionally written screening procedures, protocols and           
practice guidelines appropriate to the specific profession providing           
the service as determined by an independent peer review.                       
                                                                               
Objections were heard.                                                         
                                                                               
The question being: Shall the Letter of Intent be adopted?  The                
roll was taken with the following result:                                      
                                                                               
                                                                               

1997-05-09                     Senate Journal                      Page 1926
SB 122                                                                       
                                                                               
SB 122                                                                         
Adopt Letter of Intent?                                                        
                                                                               
YEAS:  7   NAYS:  12   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Donley, Green, Halford, Leman, Mackie, Pearce, Ward                     
                                                                               
Nays:  Adams, Duncan, Ellis, Hoffman, Lincoln, Miller, Parnell,                
Phillips, Sharp, Taylor, Torgerson, Wilken                                     
                                                                               
Excused:  Kelly                                                                
                                                                               
and so, the Letter of Intent failed.                                           
                                                                               
The question to be reconsidered: Shall SENATE BILL NO. 122                     
An Act relating to unfair discrimination under a group health                  
insurance policy for services provided by marital and family                   
therapists; and providing for an effective date pass the Senate?               
The roll was taken with the following result:                                  
                                                                               
SB 122                                                                         
Third Reading - On Reconsideration                                             
Effective Date                                                                 
                                                                               
YEAS:  15   NAYS:  4   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Hoffman, Leman, Lincoln,                  
Miller, Parnell, Pearce, Phillips, Taylor, Torgerson, Ward, Wilken             
                                                                               
Nays:  Green, Halford, Mackie, Sharp                                           
                                                                               
Excused:  Kelly                                                                
                                                                               
Wilken changed from "Nay" to "Yea".                                            
                                                                               
and so, SENATE BILL NO. 122 passed the Senate on                               
reconsideration.                                                               
                                                                               
Senator Taylor moved and asked unanimous consent that the vote on              
the passage of the bill be considered the vote on the effective date           
clause.  Without objection, it was so ordered and the bill was                 
referred to the Secretary for engrossment.