Legislature(2023 - 2024)
2023-05-10 Senate Journal
Full Journal pdf2023-05-10 Senate Journal Page 1033 SB 45 CS FOR SENATE BILL NO. 45(L&C) "An Act relating to insurance; relating to direct health care agreements; relating to the duties of the director of the division of insurance in the Department of Commerce, Community, and Economic Development; relating to unfair trade practices; and providing for an effective date" was read the third time. Senator Wielechowski moved the bill be returned to second reading for amendments. Without objection, the bill was returned to second reading. 2023-05-10 Senate Journal Page 1034 Senator Wielechowski offered Amendment No. 1 : Page 1, line 3: Delete "relating to unfair trade practices;" Page 2, line 12: Delete "cancellation" Insert "termination" Page 2, line 22, following "information;": Insert "and" Page 2, line 25: Delete "; and" Insert "." Page 2, lines 26 - 28: Delete all material. Page 2, following line 30: Insert new subsections to read: "(d) A health care provider or health care business may not decline to enter into a direct health care agreement with a new patient or terminate a direct health care agreement with an existing patient solely because of the patient's race, religion, color, national origin, age, sex, physical or mental disability, marital status, change in marital status, pregnancy, parenthood, or any other characteristic of a class of persons protected by a state law that prohibits discrimination. (e) A health care provider or health care business may decline to enter into a direct health care agreement with a new patient if the health care provider or health care business (1) is unable to provide to the patient the health care services the patient requires; or (2) does not have the capacity to accept new patients. (f) A health care provider or health care business may terminate a direct health care agreement with an existing patient based on the patient's health status only if the health care provider is unable to provide to the patient the health care services the patient requires or in accordance with this section." 2023-05-10 Senate Journal Page 1035 Reletter the following subsections accordingly. Page 3, line 29: Delete "and in AS 45.45.915" Page 4, line 4: Delete "(d)" Insert "(g)" Page 4, line 6: Delete "(g) or (h)" Insert "(j) or (k)" Page 4, lines 20 - 23: Delete all material. Reletter the following subsections accordingly. Page 5, following line 3: Insert a new subsection to read: "(q) A health care provider or health care business may not make, publish, disseminate, circulate, broadcast, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, broadcast, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over a radio or television station, or in any other way, an advertisement, announcement, or statement containing an assertion, representation, or statement that is untrue, deceptive, or misleading with respect to (1) the terms of or the benefits or advantages provided by a direct health care agreement; (2) the characterization of a direct health care agreement, including the characterization of a direct health care agreement as health insurance or an alternative to health insurance; (3) the business of a direct health care agreement." Reletter the following subsections accordingly. 2023-05-10 Senate Journal Page 1036 Page 5, line 14: Delete "and" Page 5, line 16, following "agreement": Insert "; and (3) suspend or revoke the business registration of a health care provider or health care business for repeat violations" Page 6, line 12, through page 7, line 20: Delete all material. Renumber the following bill sections accordingly. Page 7, line 27: Delete "Section 4" Insert "Section 2" Page 7, line 28: Delete "sec. 5" Insert "sec. 3" Page 7, line 28: Delete "September 1, 2023" Insert "January 1, 2024" Senator Wielechowski moved for the adoption of Amendment No. 1. Without objection, Amendment No. 1 was adopted. Senator Hughes offered Amendment No. 2 : Page 5, lines 25 - 26: Delete "physicians licensed under AS 08.64 who have established residency in the state under AS 01.10.055" Insert "health care providers" Senator Hughes moved for the adoption of Amendment No. 2. Senator Tobin objected. Senator Hughes moved and asked unanimous consent to withdraw Amendment No. 2. Without objection, Amendment No. 2 was withdrawn. 2023-05-10 Senate Journal Page 1037 Senator Hughes offered Amendment No. 3 : Page 1, lines 9 - 11: Delete "Health care services provided under a direct health care agreement are limited to the type of health care services that a primary care provider may provide to a patient." Page 6, line 10: Delete ";" Insert "." Page 6, line 11: Delete all material. Senator Hughes moved for the adoption of Amendment No. 3. Senator Giessel objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 45(L&C) am Second Reading Amendment No. 3? YEAS: 5 NAYS: 14 EXCUSED: 0 ABSENT: 1 Yeas: Hughes, Kaufman, Myers, Shower, Wilson Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Kiehl, Merrick, Olson, Stevens, Tobin, Wielechowski Absent: Stedman and so, Amendment No. 3 failed. Senator Wielechowski offered Amendment No. 4 : Page 1, following line 14: Insert a new subsection to read: "(b) To be eligible to enter into a direct health care agreement under this section, a health care provider or health care business must 2023-05-10 Senate Journal Page 1038 (1) accept new patients who receive assistance under AS 47.07 (Medical Assistance for Needy Persons) or AS 47.08 (Assistance for Catastrophic Illness and Chronic or Acute Medical Conditions) or who are enrolled in the Medicare program; or (2) maintain a practice in which 20 percent or more of the patients (A) are eligible to receive assistance under AS 47.07 or AS 47.08; (B) are enrolled in the Medicare program; or (C) do not have health insurance." Reletter the following subsections accordingly. Page 4, line 4: Delete "(d)" Insert "(e)" Page 4, line 6: Delete "(g) or (h)" Insert "(h) or (i)" Senator Wielechowski moved for the adoption of Amendment No. 4. Senator Wilson objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 45(L&C) am Second Reading Amendment No. 4? YEAS: 18 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Hughes, Kaufman, Kiehl, Merrick, Olson, Shower, Stedman, Stevens, Tobin, Wielechowski, Wilson Nays: Myers Absent: Kawasaki and so, Amendment No. 4 was adopted. 2023-05-10 Senate Journal Page 1039 Senators Hughes, Kiehl offered Amendment No. 5 : Page 5, lines 25 - 26: Delete "who have established residency in the state under AS 01.10.055" Senator Hughes moved for the adoption of Amendment No. 5. Objections were heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSSB 45(L&C) am Second Reading Amendment No. 5? YEAS: 8 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Hughes, Kaufman, Kiehl, Myers, Olson, Shower, Tobin, Wilson Nays: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Kawasaki, Merrick, Stedman, Stevens, Wielechowski and so, Amendment No. 5 failed. CS FOR SENATE BILL NO. 45(L&C) am "An Act relating to insurance; relating to direct health care agreements; relating to the duties of the director of the division of insurance in the Department of Commerce, Community, and Economic Development; and providing for an effective date" was automatically in third reading. The question being: "Shall CS FOR SENATE BILL NO. 45(L&C) am "An Act relating to insurance; relating to direct health care agreements; relating to the duties of the director of the division of insurance in the Department of Commerce, Community, and Economic Development; and providing for an effective date" pass the Senate?" The roll was taken with the following result: 2023-05-10 Senate Journal Page 1040 CSSB 45(L&C) am Third Reading - Final Passage Effective Date(s) YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Bishop, Bjorkman, Claman, Dunbar, Giessel, Gray-Jackson, Hoffman, Hughes, Kaufman, Merrick, Myers, Olson, Shower, Stedman, Stevens, Tobin, Wielechowski, Wilson Nays: Kawasaki, Kiehl and so, CS FOR SENATE BILL NO. 45(L&C) am passed the Senate. Senator Giessel moved and asked unanimous consent the vote on the passage of the bill be considered the vote on the effective date clause(s). Without objection, it was so ordered and the bill was referred to the Secretary for engrossment.