Legislature(2023 - 2024)BUTROVICH 205
03/14/2024 03:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB57 | |
| Confirmation Hearing(s) | |
| SB181 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 57 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 181 | TELECONFERENCED | |
HB 57-EMERGENCY MED. SVCS: REVIEW ORGANIZATIONS
3:33:50 PM
CHAIR WILSON announced the consideration of HOUSE BILL NO. 57
"An Act relating to review organizations and permitting an
emergency medical services provider to establish a review
organization; and relating to patient records."
3:34:14 PM
REPRESENTATIVE STANLEY WRIGHT, District 22, Alaska State
Legislature, Juneau, Alaska, Sponsor of HB 57 stated the bill
corrects an inequity affecting emergency medical services (EMS)
in Alaska by extending quality assurance program protections to
EMS workers, which fixed healthcare facilities have had for
years. He noted that several states have already recognized the
need for such protections for EMS systems. Alaska's EMS system,
especially in rural areas, relies heavily on volunteers,
including medical directors who are often physicians ensuring
communities have access to state-certified emergency services.
He emphasized a discrepancy where these physicians have quality
assurance protections in their primary roles at clinics and
hospitals but lose those protections when serving as EMS medical
directors, threatening the health and safety of Alaskans and the
sustainability of rural EMS systems.
3:36:05 PM
RACHEL GUNN, Staff, Representative Stanley Wright, Alaska State
Legislature, Juneau, Alaska, said EMS represents a vital
intersection of transportation, safety, medical, and public
health disciplines, with emergency physicians playing a critical
role. She explained that these physicians extend their expertise
beyond hospital walls, guiding EMTs and paramedics through
medical control, issuing treatment orders, and establishing
prehospital protocols to direct patient care before hospital
arrival. EMS professionals, including Emergency Trauma
Technicians (ETTs), Mobile Intensive Care Technicians (TMTs),
paramedics, and medical directors, engage in critical self-
reflection to assess what went well, what could improve, and
factors contributing to poor outcomes. She emphasized that while
peer review boards and quality assurance programs encourage
continuous evaluation, the legal protections for hospital-based
medical directors do not extend to EMS review processes. She
argued that HB 57 is necessary to protect peer review
discussions from legal exploitation, ensuring that EMS
professionals can openly discuss improvements without fear of
litigation, which is crucial for continuous EMS advancement and
safety.
3:38:13 PM
MS. GUNN provided the following sectional analysis for HB 57:
[Original punctuation provided.]
SECTIONAL ANALYSIS
HB 57
Emergency Medical Services Quality
Assurance Program Protections
SECTIONAL ANALYSIS HB 57 Emergency Medical Services
Quality Assurance Program Protections
Section I:
Amends AS 18.23.070(1) to Include EMT's, dispatchers,
and paramedics in the definition of "health care
provider" for the purpose of peer review protection.
Section II:
Amends the definition of "healthcare provider" in AS
18.23.070(3) to include EMS agencies and employees who
are conducting peer review activities.
Section III:
AS 18.23.070(5) is amended to include emergency
medical services agencies and employees under the
definition of a "review organization"
3:39:17 PM
CHAIR WILSON announced invited testimony on HB 57.
3:39:28 PM
BRIAN WEBB, representing self, Anchorage, Alaska, stated SB 57
aims to address the omission of EMS in the original statute by
extending the same protections that fixed healthcare facilities
have to Alaska EMS services. He explained that Alaska EMS
requests an amendment to AS 18.23.070 to broaden the definitions
of covered entities, as the current wording does not include EMS
personnel or activities. He noted that EMS providers are aware
that what is discussed or documented in review processes is
legally discoverable, leading to hesitation in sharing
information, which hinders education and patient care
improvements. The lack of protections impacts EMS retention,
with valuable volunteers, clinicians, and critical medical
directors leaving the system due to the absence of legal
safeguards. He emphasized that rural towns in Alaska rely on
volunteer medical directors, who have legal protections in their
day jobs but not when volunteering, making HB 57 crucial. He
cited a tenfold increase in EMS medical director litigation
since COVID-19, mostly related to administrative duties, and
noted that other states, including California, Arizona, Florida,
and Washington, have already enacted similar protections.
3:43:00 PM
MS. GUNN stated Dr. Livengood was on a medical emergency but
provided a written testimony.
3:43:11 PM
CHAIR WILSON opened public testimony on HB 57; finding none, he
closed public testimony.
3:43:41 PM
SENATOR KAUFMAN opined that HB 57 is sensible as it provides
protection and opens communication channels to include EMS
personnel in discussions about continuous improvement and
quality management.
3:44:22 PM
REPRESENTATIVE WRIGHT thanked the committee for hearing HB 57.
3:44:41 PM
CHAIR WILSON held HB 57 in committee.