Legislature(2001 - 2002)
2002-05-10 House JournalFull Journal pdf
2002-05-10 House Journal Page 3489 SB 37 The following was read the second time: CS FOR SENATE BILL NO. 37(FIN) "An Act relating to collective negotiation by competing physicians with health benefit plans, to health benefit plan contracts, to the application of antitrust laws to agreements involving providers and groups of providers affected by collective negotiations, and to the effect of the collective negotiation provisions on health care providers." 2002-05-10 House Journal Page 3490 with the: Journal Page L&C RPT HCS(L&C) 1DNP 5NR 2682 FN6: ZERO(ADM) 2683 FN7: (CED) 2683 FN8: (LAW) 2683 JUD RPT HCS(JUD) 1DNP 5NR 3129 FN6: ZERO(ADM) 3129 FN8: (LAW) 3129 FN9: ZERO(CED) 3129 FIN RPT HCS(JUD) 4DP 2NR 1AM 3418 FN6: ZERO(ADM) 3419 FN8: (LAW) 3419 FN9: ZERO(CED) 3419 **The presence of Representatives Moses, Wilson, and Kott was noted. Representative James moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 37(JUD) (same title) There being no objection, it was so ordered. **The presence of Representative Kerttula was noted. Amendment No. 1 was offered by Representative Halcro: Page 1, following line 5: Insert a new bill section to read: "* Section 1. AS 21.42 is amended by adding a new section to read: Sec. 21.42.410. Coverage for contraceptives. (a) Except with respect to limited benefit health care insurance or health care insurance purchased by a religious employer, a health care insurer that offers, issues for delivery, delivers, or renews in this state a health care insurance plan that provides coverage for prescription drugs on an outpatient basis shall provide coverage for any prescribed drug or device approved by the United States Food and 2002-05-10 House Journal Page 3491 Drug Administration for use as a contraceptive. The coverage required under this section is subject to standard policy provisions applicable to other benefits, including deductible or copayment provisions, within the constraints of (b) of this section. (b) An insurer may not impose on a person receiving prescription contraceptive benefits a (1) copayment, coinsurance payment, or fee that is not equally imposed on all individuals in the same benefit category, class, coinsurance level, or copayment level receiving benefits for prescription drugs; or (2) reduction in allowable reimbursement for prescription drug benefits. (c) This section may not be construed to (1) require coverage for prescription coverage benefits in a contract, policy, or plan that does not otherwise provide coverage for prescription drugs; (2) preclude the use of closed formularies if the formularies include oral, implant, and injectable contraceptive drugs, intrauterine devices, and prescription barrier methods; (3) require an insurer to provide coverage for abortion; (4) require an insurer to provide coverage for emergency contraception. (d) A health care insurance plan that, under (a) of this section, is exempt from providing coverage for contraceptives must contain a written notice that prescription contraceptives are not included under the policy. (e) In this section, (1) "limited benefit health care insurance" means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance, including accident only, Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) supplement, dental, disability income, fixed indemnity, long-term care, Medicare supplement, specific disease, vision, and other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, or major medical insurance; (2) "religious employer" means an employer (A) with a primary purpose of instilling religious principles; (B) that primarily employs individuals who share the 2002-05-10 House Journal Page 3492 religious principles of the employer; (C) that primarily serves individuals who share the employer's religious principles; and (D) that does not receive public funding." Page 1, line 6: Delete "* Section 1" Insert "* Sec. 2" Renumber the following bill section accordingly. Representative Halcro moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. **The presence of Representative Masek was noted. Representative Hayes, who had been previously excused (page 3479), left the Chamber. Representative James rose to a point of order, stating that Amendment No. 1 was not germane and cited Rule 402 of Mason's Manual. The Speaker ruled Amendment No. 1 out of order. Representative Halcro appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be sustained?" The roll was taken with the following result: HCS CSSB 37(JUD) Second Reading Sustain Ruling of the Chair/Amendment No. 1 not germane YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 2002-05-10 House Journal Page 3493 Yeas: Bunde, Chenault, Coghill, Dyson, Fate, Foster, Green, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Mulder, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams, Wilson Nays: Berkowitz, Cissna, Crawford, Croft, Davies, Guess, Halcro, Joule, Kapsner, Kerttula, Kookesh, Moses, Murkowski Excused: Hayes And so, the ruling of the Chair was sustained. Amendment No. 2 was offered by Representative Halcro: Page 7, line 18, following "plan": Insert "or a health care insurance plan issued by a hospital or medical service corporation" Representative Halcro moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 37(JUD) Second Reading Amendment No. 2 YEAS: 10 NAYS: 29 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Cissna, Crawford, Halcro, Joule, Kapsner, Kerttula, Kookesh, Murkowski, Wilson Nays: Bunde, Chenault, Coghill, Croft, Davies, Dyson, Fate, Foster, Green, Guess, Harris, Hudson, James, Kohring, Kott, Lancaster, Masek, McGuire, Meyer, Morgan, Moses, Mulder, Ogan, Porter, Rokeberg, Scalzi, Stevens, Whitaker, Williams Excused: Hayes And so, Amendment No. 2 was not adopted. 2002-05-10 House Journal Page 3494 Amendment No. 3 was offered by Representative Murkowski: Page 1, line 14: Delete "over fee-related terms" Page 2, lines 7 - 8: Delete "on fee-related and other issues" Representative Murkowski moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Croft objected. Amendment to Amendment No. 3 was offered by Representative Murkowski: Delete "Page 1, line 14: Delete "over fee-related terms"" Representative Murkowski moved and asked unanimous consent that Amendment to Amendment No. 3 be adopted. There being no objection, it was so ordered. There being no objection, Amendment No. 3 as amended was adopted. Representative James moved and asked unanimous consent that HCS CSSB 37(JUD) am H be considered engrossed, advanced to third reading, and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 37(JUD) am H will be in third reading on tomorrow's calendar.