Legislature(2013 - 2014)BELTZ 105 (TSBldg)
03/05/2013 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB56 | |
| SB22 | |
| SB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 56 | TELECONFERENCED | |
| += | SB 49 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 22 | ||
SB 49-MEDICAID PAYMENT FOR ABORTIONS; TERMS
2:13:28 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 49 and opened public testimony. [SSSB 49 was
the working document.]
2:14:09 PM
NANCY BIENVENUE, representing herself, said she is a registered
nurse and the former CEO of Care Net. This is a pregnancy center
that offers life affirming assistance for women facing an
unplanned pregnancy and post-abortion assistance. She related
that she made some poor choices in 1975 and had an elective
abortion. She shared her personal story and described being
stunned to learn that the state would pay for her foolish
choices.
She emphasized that SB 49 is not about freedom and privacy and
the right for a woman and her doctor to make a choice about
abortion. Rather, the bill is about funding an elective
abortion. She pointed out that the statute says [a Medicaid
paid] abortion is for medical necessity, and urged the
legislature to consider that when making a choice for what is
good, sensible and moral.
2:19:15 PM
GRADY PENNELL, Pastor, Eagle River Grace Church, said he
supports SB 49 because it gives the unborn child a fighting
chance for life. Furthermore, it is consistent with the
teachings of the majority of the world religions. He noted that
this can be fact-checked on-line. He shared stories of African
American men who probably would not have been born if today's
abortions laws had been on the books when their mothers were
pregnant.
2:21:44 PM
PATRICIA STEEN, representing herself, stated that legal abortion
is the law of the land and there can be no discrimination
between which women can choose and which cannot. It is a matter
of access and the civil rights of citizens under the 14th
Amendment. She pointed out that abortions, including those that
are publicly funded, have been declining in Alaska. She cited
federal statistics on the cost of raising a child and pointed
out that the total amount paid for all the publicly funded
abortions in Alaska would pay for just one child who needed to
be on public assistance throughout his or her life. She said the
number of abortions decline proportionally with access to
affordable birth control, adequate sex education, adequate
health care, and the ability to adequately support the children.
The wording proposed in SB 49 is in direct conflict with what is
available to two-thirds of the women in the world, and is
completely unconstitutional considering the U.S. Supreme Court
decision and the 14th Amendment. She concluded that abortion
rights need to be safeguarded and supported for all women
regardless of their economic status.
SENATOR DYSON asked if her point is that abortion should be
allowed because raising a child is too expensive and the kid may
be poor.
MS.STEEN said her point is that the proposed language limits
abortions for women who cannot afford to pay for them.
2:25:56 PM
JOSHUA DECKER, staff attorney, ACLU of Alaska, thanked the
committee for allowing him to supplement the written testimony
that was submitted on February 27, 2013. He stated that SB 49
has serious constitutional problems. First, it violates the
separation of powers in Alaska. The Supreme Court decision in
State of Alaska v. Planned Parenthood was a decision of
constitutional dimension that the legislature lacks the power to
alter through legislation. Because SB 49 seeks to limit the
rights articulated by the Supreme Court, it is unconstitutional
from a separation of powers view. The bill is also
unconstitutional from an equal protection view. It animates from
a desire to limit abortions, which is not a neutral criterion
for the state allocating money to Medicaid recipients, and the
narrow definition of what is medically necessary does not treat
women who receive Medicaid assistance equally. For these reasons
the ACLU of Alaska is asking the committee not to pass SB 49, he
said.
CHAIR COGHILL said the committee received the well-written
testimony and he disagrees with it completely.
SENATOR DYSON asked, aside from the Supreme Court decision, if
the ACLU has ever held an opinion that an unborn child has value
or worth on its own.
MR. DECKER said the ACLU holds the position that everyone has
value, but SB 49 doesn't speak to that. Rather, the bill speaks
to an unconstitutional discrimination of publicly funding a
constitutional right.
SENATOR DYSON restated the question asking whether the ACLU
believes that an unborn child has intrinsic value or worth on
its own.
MR. DECKER said certainly, but that isn't the end of the
inquiry. Because of the conclusive Supreme Court statement, SB
49 would offend a longstanding constitutional requirement and,
if passed, lead to expensive and unnecessary litigation.
SENATOR DYSON observed that his question was not answered.
2:30:44 PM
SHERRY WRIGHT, representing herself, testified in support of SB
49. She shared her personal story of how an abortion at age 17
negatively affected her life. She only got peace from the
horrible choice she made through the grace of God, much prayer,
and finally telling her secret. She related that she volunteers
as a post-abortion counselor, and most of the women in the group
say that they aborted their child as a matter of convenience.
She expressed hope that this common-sense bill passes.
CHAIR COGHILL observed that her testimony was that there could
be psychological and emotional cost to a woman who has an
abortion.
MS. WRIGHT agreed and suggested he search on-line for websites
featuring post-abortion trauma.
2:35:14 PM
REGINA CHENAULT, M.D., representing herself, said she is a
surgeon testifying in support of SB 49. She offered her medical
opinion that very few medical conditions make an abortion
medically necessary. Mental conditions do not qualify as medical
necessity for a woman to get an abortion. In fact, many mental
health patients have children, raise them, and contribute to
society. She emphasized that state Medicaid dollars do not need
to be spent killing babies. They are valuable gifts from God
that have intrinsic worth. She related her experience that women
who have had an abortion never get away from having made that
bad decision. By contrast, many women with life-threatening
diseases risk their own lives to continue a pregnancy. She
shared two patient stories where the women chose to have
abortions that would be paid for by Medicaid and stated that she
disagrees that Medicaid should pay for these types of abortions.
CHAIR COGHILL asked her opinion about including some
psychological component to prove a medical need for an abortion.
DR. CHENAULT said she agrees only in cases of incest.
CHAIR COGHILL noted that the bill already includes exceptions
for rape and incest.
2:42:16 PM
PATTI PRICE, representing herself, stated support for SB 49.
2:42:50 PM
CONNIE BELL, representing herself, testified in support of SB
49. She said the testimony by Planned Parenthood makes it clear
that there is a need to define "medically necessary." She
offered her belief that the unborn child has intrinsic value
whose rights are originally from God. Good law upholds those
rights and for Alaska to have a good law the term "medically
necessary" needs a definition.
2:44:02 PM
JEAN BRAMER, M.D., representing herself, said she is an OB/GYN
physician who strongly supports SB 49. She stated that this is
not a prolife and prochoice debate; this is about funding.
Defining "medically necessary" is very important to keep from
spending thousands of dollars on elective abortions. She
described an elective abortion as an inconvenient pregnancy that
wants to be terminated for no medical reason. In fact, very few
medical reasons would make an abortion reasonable. The list of
medical conditions in the bill is very broad and will cover the
women who should be covered, but it will not allow the state to
pay for an elective abortion. Private insurance does not cover
elective abortion so there is no reason that Medicaid should
cover them, she said. The bill brings clarity to what is
important, but it does not try to change the legality of
elective abortions. It's a matter of funding.
2:47:46 PM
WILLIAM RESINGER, M.D., representing himself, said he took the
original Hippocratic Oath which forbade both abortion and
euthanasia. As a radiologist he said he is in the unique
position of being able to testify on behalf of the unborn; they
are human beings. He described things he has witnessed during
ultrasounds, and pointed out that abortion is the only surgical
procedure that has 100 percent mortality. Because abortion
destroys a human being, it's important to clearly and carefully
define what constitutes "medical necessity."
2:50:55 PM
IIONA FARR M.D., representing herself, testified in support of
SB 49. She said that as a physician she does her best to promote
life and she doesn't want her tax dollars going to pay for
abortions that are not medically necessary as it results in the
death of unborn Alaska children. Noting that eighteen states
have passed legislation prohibiting abortions in the new health
exchanges, she stressed the importance for Alaska to set a clear
standard for what is medically necessary before the federal
government imposes a definition.
DR. FARR suggested the committee remove kidney infections from
the list of medical conditions that qualify for medical
necessity. This condition is fairly common during pregnancy and
is not a reason for abortion. At the least, specify kidney
infection with sepsis. She also suggested adding congenital
fetal abnormalities incompatible with life to the list, because
these often result in complications with the pregnancy. Mental
health issues or economic conditions are not reasons to have an
abortion. She related several patient stories and stated that
most abortions in Alaska are elective and should not be paid for
by taxpayers.
CHAIR COGHILL asked her to submit her suggestions in writing.
DR. FARR agreed and noted that she biopsies the uterus before
doing an ultrasound.
CHAIR COGHILL asked if she was aware of complaints that vaginal
ultrasounds were repugnant.
DR. FARR answered no; either an abdominal or trans-vaginal
ultrasound should be done before any type of intrauterine
procedure is performed.
2:56:50 PM
SID HEIDERSDORF, Vice President, Alaskans for Life, stated that
Alaskans for Life supports all efforts to remove the state from
the abortion business, and opposes the Medicaid program paying
for elective procedures, especially abortion. That is not what
the program is for. Alaskans for Life holds the view that
nothing qualifies as a medically necessary abortion, but
acknowledges that SB 49 is a step in the right direction.
However, the list of conditions to qualify for a medically
necessary abortion is so broad it would be easy for an
abortionist to circumvent the intention of the statute. Thus,
the committee should consider requiring a second physician to
certify the medically necessary conditions.
3:00:51 PM
GEORGE BROWN M.D., representing himself, said he is a pediatric
physician who has practiced in Alaska for many years. He began
by pointing out that current research shows that physical and
mental illness cannot be separated. By definition there is an
emotional need if someone who is terribly distraught comes in
seeking help. What should happen is to help that person make the
most sensible decision for them. However, if families receive
the help they need to raise their children, there will be less
demand for abortion.
DR. BROWN thanked the committee for listening respectfully to
each side of this very complicated issue. He expressed hope that
both sides do everything possible to prevent unwanted
pregnancies. He concluded reading the following from his
prepared comments:
Our Alaska and United States Constitution[s] expressly
promise freedom of speech, of the press, of public
assembly to petition, and freedom of and from
religion. These are solemn and challenging promises.
They are not all yet kept for many of us, sadly for
too many of us. If I had somehow been able to add
another constitutional promise, I would have added
"freedom to practice tolerance everywhere and as often
as anyone possible could."
It is important for you to understand that the health
of body and mind cannot be divided. I ask you to
carefully consider the negative impact that passage of
SB 49 will have on the emotional and physical health
of many Alaskan women.
3:05:58 PM
CHAIR COGHILL held SB 49 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Amended CS SB 22 Version N.pdf |
SJUD 3/5/2013 1:30:00 PM |
SB 22 |
| Sponsor Statement - Medically Necessary.docx |
SJUD 2/27/2013 1:30:00 PM SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 SB 49 Sponsor Statement |
| Sectional SB 49.doc |
SJUD 2/27/2013 1:30:00 PM SJUD 3/4/2013 1:30:00 PM SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| Amendment N 2.pdf |
SJUD 3/5/2013 1:30:00 PM |
SB 22 |
| Amendment N.3.pdf |
SJUD 3/5/2013 1:30:00 PM |
SB 22 |
| SB0049B Sponsor Substitute.pdf |
SJUD 2/27/2013 1:30:00 PM SJUD 3/4/2013 1:30:00 PM SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| ACLU Review 02 27 2013.pdf |
SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| SB 49_Planned Parenthood Powerpoint.pdf |
SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |
| Letter from Giguere.pdf |
SJUD 3/5/2013 1:30:00 PM SJUD 3/11/2013 5:00:00 PM |
SB 49 |