Legislature(1995 - 1996)
04/20/1995 08:45 AM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 219 "An Act authorizing special medical parole for terminally ill prisoners." DENNIS DEWITT, STAFF, REPRESENTATIVE MULDER testified in support of HB 219. He provided members with a proposed committee substitute for HB 219, work draft #9-LSO810\M, dated 4/19/95 (copy on file). He explained that the committee substitute removes the requirement for parolees and prisoners to pay for drug testing. He observed that HB 219 provides the Department of Corrections additional tools to control spiraling inmate health care cost by allowing special medical parole for terminally ill and severely disabled prisoners. The legislation also allows the Department to charge for medical services within facilities. The legislation creates a new category of parole called "special medical parole" for inmates who are suffering from terminal diseases or are severely disabled. The classification only allows parole. It does not guarantee parole. The judgment will still rest with the Parole Board. The change was recommended by the Alaska Sentencing Commission. He observed that inmates may be medicaid eligible if they are paroled. Medicaid pays 50 percent of health care costs. Mr. DeWitt noted that the legislation will also allow the Commissioner of the Department of Corrections to establish charges for the health care provided by the Department. He emphasized that the legislation will help deter frivolous use of health care by inmates. In response to a question by Representative Brown, Mr. DeWitt clarified that the committee substitute would result in a zero fiscal note by the Department of Corrections. Representative Brown asked if there would be projected savings. Mr. DeWitt acknowledged that a savings is expected. He emphasized that it is difficult to calculate the savings. Representative Mulder observed that the Department expressed concern that their budget not be effected by an anticipated savings. Representative Mulder spoke in support of HB 219. He noted that the Department is in strong support of the legislation in order to control spiraling medical costs in the 4 institutions. He MOVED to adopt the committee substitute for HB 219, work draft #9-LSO810\M, dated 4/19/95. He explained that the costs of administering the drug testing repayment overshadowed the benefits in the legislation. There being NO OBJECTION, work draft #9-LSO810\M was adopted. JERRY SHRINER, SPECIAL ASSISTANT, DEPARTMENT OF CORRECTIONS clarified that the Department of Corrections would support a zero fiscal note with the adoption of CSHB 219 (FIN). He stressed that collection would be difficult and the cost of collecting could exceed the amount collected. In response to a question by Representative Martin, Mr. Shriner noted that there are no prisoners who would be currently affected by the legislation. He stated that it is difficult to anticipate potential savings. Mr. DeWitt reiterated that parolees would be eligible for the medicaid program. In response to a question by Representative Grussendorf, Mr. DeWitt clarified that parole cannot be forced on an individual. He stated that the state or the inmate could initiate a request for parole. The current terms of parole would not be changed. Representative Grussendorf noted that some prisoners may have no place to go outside of the prison. Representative Brown noted that the sponsor statement estimated that 5 to 10 prisoners may be affected. Mr. DeWitt emphasized that there would not be a large number of inmates affected. Representative Mulder stressed that a few drive the majority of the costs. He observed that one terminally ill prisoner had medical bills of $567.0 thousand dollars over two months. Representative Brown asked if prisoners have alternative health insurance. Mr. Shriner estimated that very few would have alternative health insurance other than medicaid. He noted that one prisoner who would have been eligible under the bill was recently placed in a nursing home. Representative Brown noted that section 13 states that prisoners are responsible for their own medical care and would be required to pay a portion of the costs based upon the prisoner's ability to pay. Mr. DeWitt noted that section 13 is new policy. He stressed that many inmates have some funds. He stated that the co-payments would be small. The provision is designed to act as a deterrent to frivolous complaints. 5 Representative Brown expressed concern with the effect that the provision would have on people with resources and who are confined for some period of time. She observed that health insurance is more expensive if the person is not part of an employee's plan. Mr. DeWitt replied that the expectation is that there would be a relatively small number of inmates that would have the independent wealth to cover their own health care. He stressed that it is an attempt to allow the Department to get control on utilization as opposed to securing revenue. Mr. DeWitt noted that there will be individuals in halfway houses and soft beds that will have other coverage or resources. The legislation allows the Department to become a secondary payer to the primary health care provider. Representative Brown asked if the income of a working spouse could be reached by the Department. Mr. DeWitt expected that the initial focus would be to deter unnecessary utilization and capture available other coverage. He acknowledged that the legislation allows a broader interpretation. He emphasized that Alaska is not a community property state. He stressed that because the institution does not have its own billing system it is going to be difficult to bill other coverage externally. He noted that the intent is to allow the Department to take advantage of other coverage that is available or to access the resources of someone that is independently wealthy. Representative Brown questioned the legality of the retroactive provision. MICHAEL STARK, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW assured her that the retroactive provision would not present a legal problem. He emphasized that the provision is not intended as part of the punishment imposed on an inmate. It is a reasonable effort by the state to defer expenses. He added that institutionalized populations often include individuals that manifest medical complaints in which there is no basis in fact. He stressed that the legislation will deter frivolous medical complaints. Representative Brown reiterated concerns with the breadth of the provision. She asked to what extent the state would pursue other resources. Mr. Stark suggested that some mechanism could be developed to pursue resources that inmates may have. He stressed that it will take time to develop procedures. He emphasized that there will be no denial of medical services. He observed that regulations will have to be adopted. Representative Therriault MOVED to report CSHB 219 (FIN) out 6 of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CSHB 219 (FIN) was reported out of Committee with a "do pass" recommendation and with two zero fiscal notes; one by the Department of Administration, dated 3/27/95; and one by the House Finance Committee for the Department of Corrections, dated 4/20/95.
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