Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/08/2011 02:00 PM Senate LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Postponed from 1:30p.m. to 2:00p.m. --
*+ SB 70 ALASKA HEALTH BENEFIT EXCHANGE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 34 SMALL BUSINESS REVOLVING FUND
Moved CSSB 34(L&C) Out of Committee
             SB  70-ALASKA HEALTH BENEFIT EXCHANGE                                                                          
                                                                                                                                
2:18:57 PM                                                                                                                    
CHAIR EGAN announced SB 70 to be up for consideration.                                                                          
                                                                                                                                
SENATOR HOLLIS FRENCH, sponsor of SB 70, introduced the bill and                                                                
read the sponsor statement, as follows:                                                                                         
                                                                                                                                
     Competition  improves quality,  lowers  cost and  gives                                                                    
     consumers  a  meaningful  choice.   The  Alaska  Health                                                                    
     Benefit  Exchange will  make  private health  insurance                                                                    
     companies more  responsive to health care  consumers in                                                                    
     Alaska.                                                                                                                    
                                                                                                                                
     Buying   health   insurance   can  be   difficult   and                                                                    
     complicated.    This    legislation   helps   consumers                                                                    
     identify and  enroll in a health  insurance policy that                                                                    
     will serve  them well, regardless of  what their future                                                                    
     holds.                                                                                                                     
                                                                                                                                
     The Exchange  will promote  competition among  plans by                                                                    
     providing  information   to  consumers  on   a  leveled                                                                    
     playing   field.   Today,   individuals  shopping   for                                                                    
     airline  tickets  can  log onto  the  internet  and  in                                                                    
     minutes  view competing  itineraries, sorted  by route,                                                                    
     schedule,  carrier and  price.  In  this same  way, the                                                                    
     web  based  portal  created by  this  bill  will  allow                                                                    
     health insurance  consumers to compare  carriers, cost-                                                                    
     sharing,   benefit  design,   and   premium  costs   of                                                                    
     different plans, all in a manner of minutes.                                                                               
                                                                                                                                
     The legislation  helps make health  coverage affordable                                                                    
     for Alaskans.  The  exchange will determine eligibility                                                                    
     for   health   insurance  tax   credits,   cost-sharing                                                                    
     assistance,    medical    assistance   programs    like                                                                    
     Medicaid.   Through the  Small Business  Health Options                                                                    
     Program  (SHOP),   the  exchange  will   connect  small                                                                    
     businesses  with   tax  incentives  and   an  insurance                                                                    
     pooling  mechanism, which  can  stabilize premiums  and                                                                    
     make coverage  more affordable.  Finally,  the exchange                                                                    
     establishes  the mechanism  to exempt  people from  the                                                                    
     requirement  to  have  health coverage,  if  affordable                                                                    
     insurance products aren't available.                                                                                       
                                                                                                                                
     An exchange can  open the door to  innovative ways that                                                                    
     keep health  care costs down.   For years, the  idea of                                                                    
     buying and selling health  insurance across state lines                                                                    
     has  been  cited as  a  competitive  response to  small                                                                    
     insurance  pools.    This  legislation  will   ask  the                                                                    
     Exchange board to consider  interstate compacts, and if                                                                    
     one  makes  sense  for  Alaskans,  legislation  can  be                                                                    
     proposed to make it happen.                                                                                                
                                                                                                                                
     Forty-nine  other   states  are  working   towards  the                                                                    
     establishment of an exchange,  and while other elements                                                                    
     of health  reform are controversial, the  exchange idea                                                                    
     is championed  by Governors of  both parties -  even by                                                                    
     those  who are  suing  the federal  government to  stop                                                                    
     reform.                                                                                                                    
                                                                                                                                
     'State   exchanges  are   good   from  a   conservative                                                                    
     standpoint  because they  involve  consumer choice  and                                                                    
     markets,  said former  US Senate  Majority Leader  Bill                                                                    
     Frist, a  Tennessee Republican, in an  Associated Press                                                                    
     article   (1/22/11). 'Each   state  can   develop   the                                                                    
     exchange that best meets the needs of their people.'                                                                       
                                                                                                                                
     Finally, this legislation is our  last chance to create                                                                    
     a  health  insurance exchange  on  our  own terms.   By                                                                    
     2014,  the  state  is  required  to  have  a  consumer-                                                                    
     centered  exchange that  makes buying  health insurance                                                                    
     easier   for  individuals   and  small   businesses  in                                                                    
     Alaska.  If  we don't  act now, the  federal government                                                                    
     will.                                                                                                                      
                                                                                                                                
     Please join me in  supporting an Alaskan-based solution                                                                    
     which puts Alaskans first.                                                                                                 
                                                                                                                                
2:24:30 PM                                                                                                                    
ANDY MADEROW, staff to Senator French, presented a sectional                                                                    
analysis of SB 70, as follows:                                                                                                  
                                                                                                                                
Section 1, through page 2, line 5, provides the intent language                                                                 
for SB 70; fundamental to the aim of SB 70 is connecting                                                                        
individuals and  small business with  quality health  policies to                                                               
reduce the number of uninsured Alaskans.                                                                                        
                                                                                                                                
Section 2,  starting on  page 2, line  6, establishes  the health                                                               
benefit exchange as a public corporation of the state.                                                                          
                                                                                                                                
Section  21.51.210 establishes  a board  of directors  to oversee                                                               
exchange; the board has 13 members.                                                                                             
                                                                                                                                
Section  21.54.220  outlines  powers  and duties  of  the  health                                                               
benefit  exchange.  The  primary  duty  of  the  exchange  is  to                                                               
facilitate purchase and sale of qualified health plans.                                                                         
Sections  (a) 3  and (a)  13  both establish  the Small  Business                                                               
Health Options Program (SHOP).                                                                                                  
                                                                                                                                
2:27:51 PM                                                                                                                    
Section (a)4 provides for a telephone call center.                                                                              
                                                                                                                                
Section (a)5  requires that enrollment  periods be  held annually                                                               
to facilitate the changing of plans.                                                                                            
                                                                                                                                
Section   (a)6  provides   for  the   creation  of   an  internet                                                               
marketplace   to  connect   individuals  with   health  insurance                                                               
coverage.                                                                                                                       
                                                                                                                                
Section (a)7  provides for  certification and  decertification of                                                               
health plans sold through the exchange.                                                                                         
                                                                                                                                
Sections (a)8  and (a)9  require the  exchange to  compare health                                                               
plans on metrics of quality and price.                                                                                          
                                                                                                                                
Section (a)10 requires the exchange  to use a standardized format                                                               
for presenting health benefit options in the exchange                                                                           
                                                                                                                                
Section  (a)11  requires  the  exchange  to  determine  potential                                                               
eligibility for state or local  medical assistance programs, such                                                               
as Medicaid and Denali KidCare.   If qualified, the exchange will                                                               
assist with the enrollment process.                                                                                             
                                                                                                                                
Section (a)12 establishes a tax credit calculator.                                                                              
                                                                                                                                
Section (a)14  requires that the  exchanges exempt  Alaskans from                                                               
requirement  to retain  health insurance  if certain  criteria is                                                               
met.                                                                                                                            
                                                                                                                                
Section (a)15  relates to  sharing information  about individuals                                                               
exempted from the health insurance requirement.                                                                                 
                                                                                                                                
Section  (a)16 notifies  an employer  when  an employee  receives                                                               
premium  assistance  from  the  government,  either  because  the                                                               
employer doesn't  offer a  plan, or offers  a plan  which doesn't                                                               
meet minimum standards or is unaffordable.                                                                                      
                                                                                                                                
Section  (a)17 explicitly  states that  the exchange  will assist                                                               
consumers  by determining  eligibility for  premium tax  credits,                                                               
reduced-cost sharing, or exemptions from the insurance mandate.                                                                 
                                                                                                                                
Section (a)18 sets  up the framework for  Navigator Grants. These                                                               
grants can be  pursued by most organizations or  trade groups for                                                               
the  purposes   of  helping  the  exchange   fulfill  its  goals.                                                               
Navigator  duties  include   enrollment  assistance,  information                                                               
sharing, and assistance with dispute resolution.                                                                                
                                                                                                                                
Section (a)19 requires the board  to consider the rate of premium                                                               
growth within and outside the  exchange, in an effort to evaluate                                                               
the effect  and benefit of incorporating  larger employers within                                                               
SHOP exchange                                                                                                                   
                                                                                                                                
Section (a)20  asks the board  to consider policy  and procedures                                                               
that  minimize adverse  selection, both  inside the  exchange and                                                               
between plans sold within and outside the exchange.                                                                             
                                                                                                                                
Section (a)21  requires the  exchange to  provide credit  for any                                                               
"free choice voucher"  that an employer provides  an employee for                                                               
the purpose of covering premium costs.                                                                                          
                                                                                                                                
Sections  (a)23   and  24   outline  accounting   procedures  and                                                               
submission  of receipts  for review,  to both  federal and  state                                                               
stakeholders.                                                                                                                   
                                                                                                                                
Section (a)25  allows for cooperation  with any  investigation or                                                               
audit by the Secretary of Health and Human Services.                                                                            
                                                                                                                                
Section (a)26 allows  a health insurer to offer  a limited dental                                                               
plan as  part of a  qualified health  plan, so long  as pediatric                                                               
dental benefits are included.                                                                                                   
                                                                                                                                
Section (a)27  requires the  exchange to  apply for  planning and                                                               
establishment  grants  for  the  exchange. Grants  of  up  to  $1                                                               
million  have been  awarded  to each  of 49  states  to date  for                                                               
planning.                                                                                                                       
                                                                                                                                
Section   (a)28   requires   the    exchange   board   to   offer                                                               
recommendations  about potential  interstate compacts  that would                                                               
permit the  sale and  purchase of  health insurance  across state                                                               
lines.                                                                                                                          
                                                                                                                                
Section (b)1,  found on page  8 lines 21-27, allows  the exchange                                                               
to contract  out some  of the  responsibilities outlined  in this                                                               
legislation.                                                                                                                    
Section  (b)2  allows  the exchange  to  share  information  with                                                               
federal  and   state  agencies,  provided   that  confidentiality                                                               
protections are upheld.                                                                                                         
                                                                                                                                
Section (b)3  allows the  exchange to  receive grants  to finance                                                               
operations.                                                                                                                     
                                                                                                                                
Section (c)  prohibits certain  expenses to  keep costs  down for                                                               
consumers.                                                                                                                      
                                                                                                                                
Section  (d)  ensures  individuals  won't be  penalized  if  they                                                               
change  coverage  because  they   are  newly  eligible  for  that                                                               
coverage, or if employer sponsored coverage becomes affordable.                                                                 
                                                                                                                                
2:36:15 PM                                                                                                                    
Proposed Section  21.54.230 of  the new title,  found on  page 9,                                                               
line  14,  through  page  13,  line 7,  relates  to  health  plan                                                               
certification.                                                                                                                  
                                                                                                                                
2:38:13 PM                                                                                                                    
SENATOR  GIESSEL  asked why  the  exchange  is established  as  a                                                               
public corporation.                                                                                                             
                                                                                                                                
SENATOR FRENCH explained that this  was a policy decision made to                                                               
emphasize   that  the   exchange   is   more  market-based   than                                                               
government-based.                                                                                                               
                                                                                                                                
2:39:35 PM                                                                                                                    
RON  KREIER,  Acting  Director, Division  of  Public  Assistance,                                                               
Department  of  Health and  Social  Services  (DHSS), stated  the                                                               
division had prepared a fiscal  note under the assumption that it                                                               
would receive  information directly  from the exchange  and would                                                               
issue benefits.                                                                                                                 
                                                                                                                                
2:40:55 PM                                                                                                                    
CHAIR  EGAN responded  the committee  does not  have that  fiscal                                                               
note and would not move SB 70 today.                                                                                            
                                                                                                                                
MR.  KRIER replied  the fiscal  note  would be  delivered to  the                                                               
committee as soon as possible.                                                                                                  
                                                                                                                                
SENATOR DAVIS asked why the fiscal note came from his division.                                                                 
                                                                                                                                
Mr. KRIER said  his assumption was that the  health care exchange                                                               
would  not make  actual determinations  of benefits;  rather, the                                                               
division would do that through public assistance.                                                                               
                                                                                                                                
SENATOR  DAVIS asked  if the  department had  consulted with  the                                                               
Division of Insurance.                                                                                                          
                                                                                                                                
2:43:45 PM                                                                                                                    
MR. KRIER replied  that he had not discussed this  issue with the                                                               
Division of Insurance.                                                                                                          
                                                                                                                                
CHAIR  DAVIS  noted  that  other consumers  would  also  use  the                                                               
exchange, and  she thought the  division of insurance  would have                                                               
an interest.                                                                                                                    
                                                                                                                                
LINDA  HALL,  Director,  Division  of  Insurance,  Department  of                                                               
Commerce,  Community  and  Economic  Development  (DCCED),  noted                                                               
there has been a substantial amount  of work on fiscal notes. The                                                               
division is in  the process of reviewing numbers,  trying to make                                                               
the fiscal note as accurate as possible.                                                                                        
                                                                                                                                
SENATOR DAVIS  noted that Alaska is  the only state that  has not                                                               
accepted federal money to set up a health care exchange.                                                                        
                                                                                                                                
MS. HALL confirmed that was true.                                                                                               
                                                                                                                                
SENATOR DAVIS asked if the money was still available.                                                                           
                                                                                                                                
MS. HALL replied  the money was still available, but  there was a                                                               
short timeline.                                                                                                                 
                                                                                                                                
SENATOR MENARD asked if Utah has set up an exchange program.                                                                    
                                                                                                                                
MS. HALL said yes, also Massachusetts.                                                                                          
                                                                                                                                
SENATOR MENARD asked  if the Division of Insurance  is in contact                                                               
with those states.                                                                                                              
                                                                                                                                
MS. HALL  said they are in  contact with a number  of states, and                                                               
research  is being  done, especially  with regard  to what  might                                                               
benefit Alaskans.                                                                                                               

Document Name Date/Time Subjects
SB 70 Disability Law Center lttr supporting.PDF SL&C 2/8/2011 2:00:00 PM
SB 70