Legislature(2011 - 2012)CAPITOL 120
04/06/2011 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB215 | |
| HB171 | |
| HB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 215 | TELECONFERENCED | |
| + | SB 31 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 171 | TELECONFERENCED | |
| += | HB 1 | TELECONFERENCED | |
HB 1 - POLICY FOR SECURING HEALTH CARE SERVICES
2:14:03 PM
CHAIR GATTO announced that the final order of business would be
HOUSE BILL NO. 1, "An Act stating a public policy that allows a
person to choose or decline any mode of securing health care
services." [Before the committee was CSHB 1(HSS), and a
proposed committee substitute (CS) for HB 1, Version 27-
LS0006\B, Bailey, 4/1/11, which had been adopted as the working
document on 4/4/11.]
CHAIR GATTO mentioned that he's one of HB 1's joint prime
sponsors.
2:14:22 PM
KAREN SAWYER, Staff, Representative Carl Gatto, Alaska State
Legislature, on behalf of Representative Gatto, one of HB 1's
joint prime sponsors, relayed that during the bill's last
hearing, a concern was raised about whether the language of the
proposed state policy could possibly be interpreted as allowing
for something that's contrary to public policy or current law,
and offered her belief that language on page 2, lines 5-6 -
which defines the term, "mode of obtaining" in part as meaning
directly purchasing healthcare services from a healthcare
provider - addresses that concern. However, she relayed,
members' packets do include a proposed conceptual amendment the
second part of which would further clarify that particular issue
by adding a reference to the statutory definition of the term,
"health care provider" [as its used in Title 9]. Another
concern raised during the bill's last hearing revolved around
the bill's proposal to establish a short title in uncodified
law, and the first part of the aforementioned conceptual
amendment would delete the short-title provision located on page
1, lines 4-6 - Section 1 of Version B. The proposed conceptual
amendment read [original punctuation provided]:
Page 1, Line 4-6
Delete lines 4-6
Page 2, Line 6
Insert after health care provider (AS DEFINED IN
SEC. 09.55.560)
MS. SAWYER noted that members' packets now also contain a six-
page document from the Goldwater Institute that addresses
questions pertaining to the model legislation - developed by the
American Legislative Exchange Council (ALEC) - upon which HB 1
was modeled.
2:17:03 PM
REPRESENTATIVE GRUENBERG [made a motion] that the conceptual
amendment be divided into Conceptual Amendment 1 and Conceptual
Amendment 2, with Conceptual Amendment 1 being the proposed
change to page 1, lines 4-6, and Conceptual Amendment 2 being
the proposed change to page 2, line 6. There being no
objection, the conceptual amendment was so divided.
REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual
Amendment 1 [original punctuation provided]:
Page 1, Line 4-6
Delete lines 4-6
REPRESENTATIVE KELLER objected.
REPRESENTATIVE GRUENBERG said it is generally the legislature's
policy not to provide for short titles in uncodified law, and so
unless there is a really important reason, regardless of the
merits of the bill, he doesn't see a need for providing for a
short title for HB 1.
REPRESENTATIVE KELLER offered his understanding that this is the
first time the legislature has done anything related to
healthcare freedom, and shared his belief that to call the bill
the [Alaska Health Freedom Act], therefore, implies that there
may be more adjustments needed later on. He said it seems like
retaining that provision wouldn't cause harm but could help.
REPRESENTATIVE GRUENBERG pointed out, though, that if [the bill]
is called the Alaska Health Freedom Act, and it is subsequently
added to, it could raise questions regarding whether any such
addition still falls under the title, because currently it only
addresses this one short policy.
CHAIR GATTO, indicating agreement with Representative Keller,
surmised that if the bill is so added to, its short-title
provision could be deleted at a later date.
REPRESENTATIVE GRUENBERG argued that the phrase, "Alaska Health
Freedom Act" is not a neutral term and connotes that it is
Alaska's very best policy for healthcare. So although people
might agree with the substance of the bill, they might not agree
that they want to have that kind of a slanted definition.
Again, very rarely are bills given short titles. In conclusion,
he ventured that removal of the short-title provision might
render the bill less controversial.
2:22:30 PM
A roll call vote was taken. Representative Gruenberg voted in
favor of Conceptual Amendment 1. Representatives Lynn, Keller,
Pruitt, Thompson, and Gatto voted against it. Therefore,
Conceptual Amendment 1 failed by a vote of 1-5.
2:23:26 PM
REPRESENTATIVE THOMPSON made a motion to adopt [Conceptual]
Amendment 2 [original punctuation provided]:
Page 2, Line 6
Insert after health care provider (AS DEFINED IN
SEC. 09.55.560)
REPRESENTATIVE GRUENBERG objected for the purpose of discussion,
and suggested that that definition be made available to members.
The committee took an at-ease from 2:24 p.m. to 2:27 p.m.
CHAIR GATTO noted that members now have a copy of AS
09.55.560(2), which read:
(2) "health care provider" means an acupuncturist
licensed under AS 08.06; an audiologist or speech-
language pathologist licensed under AS 08.11; a
chiropractor licensed under AS 08.20; a dental
hygienist licensed under AS 08.32; a dentist licensed
under AS 08.36; a nurse licensed under AS 08.68; a
dispensing optician licensed under AS 08.71; a
naturopath licensed under AS 08.45; an optometrist
licensed under AS 08.72; a pharmacist licensed under
AS 08.80; a physical therapist or occupational
therapist licensed under AS 08.84; a physician or
physician assistant licensed under AS 08.64; a
podiatrist; a psychologist and a psychological
associate licensed under AS 08.86; a hospital as
defined in AS 47.32.900, including a governmentally
owned or operated hospital; an employee of a health
care provider acting within the course and scope of
employment; an ambulatory surgical facility and other
organizations whose primary purpose is the delivery of
health care, including a health maintenance
organization, individual practice association,
integrated delivery system, preferred provider
organization or arrangement, and a physical hospital
organization;
REPRESENTATIVE GRUENBERG expressed concern that AS 09.55.560(2)
doesn't include midwives.
MS. SAWYER mentioned that another state used the term, "lawful"
when referring to health care providers, rather than referencing
a specific definition.
REPRESENTATIVE GRUENBERG said he prefers the approach taken by
Amendment 2, since what may be considered "lawful" could change.
2:30:07 PM
REPRESENTATIVE GRUENBERG, therefore, made a motion to
conceptually amend Conceptual Amendment 2 such that it would
include midwives. There being no objection, Conceptual
Amendment 2 was conceptually amended to that effect.
REPRESENTATIVE GRUENBERG then removed his objection to the
motion to adopt Conceptual Amendment 2.
CHAIR GATTO, noting that there were no further objections,
relayed that Conceptual Amendment 2, as conceptually amended,
was adopted.
REPRESENTATIVE GRUENBERG asked whether HB 1 does anything other
than set a policy.
MS. SAWYER indicated that the bill is doing just that, setting a
policy that the [legislature] believes in the right established
by the Tenth Amendment, that being that the state has the right
to regulate health insurance and healthcare services.
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on HB 1.
2:32:45 PM
REPRESENTATIVE THOMPSON moved to report the proposed committee
substitute (CS) for HB 1, Version 27-LS0006\B, Bailey, 4/1/11,
as amended, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection,
CSHB 1(JUD) was reported from the House Judiciary Standing
Committee.