Legislature(2005 - 2006)BUTROVICH 205

02/16/2005 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 82 CHILD PROTECTION INTERVIEW/TRANSPORT TELECONFERENCED
Moved CSSB 82(HES) Out of Committee
*+ SB 78 SENIOR CARE PROGRAM TELECONFERENCED
Heard & Held
*+ SB 79 MEDICAID FOR ADULT DENTAL SERVICES TELECONFERENCED
Moved CSSB 79(HES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                   SB  78-SENIOR CARE PROGRAM                                                                               
                                                                                                                              
2:30:06 PM                                                                                                                    
SENATOR DYSON announced SB 78 to be up for consideration.                                                                       
                                                                                                                                
COMMISSIONER  JOEL GILBERTSON,  Department of  Health and  Social                                                               
Services,  advised   he  was  addressing  his   comments  to  the                                                               
committee  substitute   (CS).  The  bill  deals   with  extending                                                               
SeniorCare  benefits  to  Alaska seniors  -  particularly  around                                                               
prescription drug  coverage. The  Legislature passed a  bill last                                                               
session  that established  a $120.00  per  month cash  assistance                                                               
program  for  low-income  seniors  living below  135  percent  of                                                               
poverty  and a  prescription drug  subsidy for  seniors that  are                                                               
between 135 and 150 percent of poverty.                                                                                         
                                                                                                                                
That benefit  program expires  on January 1,  2006 at  which time                                                               
the  new,  Part D,  federal  Medicare  drug benefit  will  become                                                               
effective and  provide seniors  with prescription  drug benefits.                                                               
Parts A and  B are what most Alaska seniors  have. Part A relates                                                               
to in-patient  hospital services for  seniors; Part B  relates to                                                               
out-patient physician  reimbursements; Part C deals  with managed                                                               
care plans  under Medicare but isn't  used in Alaska; and  Part D                                                               
is the new prescription drug benefit.                                                                                           
                                                                                                                                
Each part  has associated costs.  Part A has its  own deductible;                                                               
Part B  has its own  premium and  deductible for seniors  to pay;                                                               
and Part D will have  a premium deductible. Therefore, as seniors                                                               
enroll in  Medicare Part  D, those above  135 percent  of poverty                                                               
will be responsible for some  premium and deductible costs. Those                                                               
are  first dollar  costs,  which means  they  must satisfy  those                                                               
before  they may  receive benefits  under  the prescription  drug                                                               
benefit.                                                                                                                        
                                                                                                                                
SB 78 is a proposal under SeniorCare. He emphasized that:                                                                       
                                                                                                                                
     First  and foremost  this legislation  states that  for                                                                    
     seniors  above 135  percent of  poverty  and below  300                                                                    
     percent of poverty, the State  of Alaska will cover the                                                                    
     premium  and  deductible  costs for  those  seniors  to                                                                    
     ensure that there  is no senior in this  state ... that                                                                    
     will  not   be  able  to  enroll   in  a  comprehensive                                                                    
     prescription benefit plan beginning next year.                                                                             
                                                                                                                                
Prescription drugs represent  a sizeable part of  health care and                                                               
many  seniors in  the state  are forced  to choose  between food,                                                               
rent or prescription  drugs. By itself the  Medicare drug benefit                                                               
won't ease  that decision  for many  low-income seniors,  but the                                                               
extension of  the $120 per  month cash assistance  for low-income                                                               
seniors below 135 percent of poverty will help some.                                                                            
                                                                                                                                
He referenced a  chart that looks at what  the qualifications and                                                               
benefits  mean in  real  dollars, and  said  it's important  when                                                               
talking  about   income  levels.  The  cash   assistance  benefit                                                               
continues at $120  per month or for seniors below  135 percent of                                                               
poverty.   Those   individuals   won't  get   state   help   with                                                               
prescription drug  expenses because  the federal  government will                                                               
cover the  costs for  them. Instead  the state  acknowledges they                                                               
have other costs and recognizes that cash is much more flexible.                                                                
                                                                                                                                
Therefore, seniors  below 135 percent  of poverty, which  is just                                                               
under $16,000 per  individual and about $21,000  per couple, will                                                               
continue  to receive  the $120  per month  cash assistance.  They                                                               
will receive  the Medicare  drug benefit with  no premium  and no                                                               
deductible.  The  state expects  to  serve  about 7,000  seniors,                                                               
which  is about  the same  as the  cash assistance  program under                                                               
SeniorCare.                                                                                                                     
                                                                                                                                
The  new  benefit  under  SB  78  deals  with  prescription  drug                                                               
assistance for  seniors above  135 percent of  poverty and  up to                                                               
300 percent  of poverty. That  amounts to just less  than $35,000                                                               
for an individual and just  under $47,000 for a couple. Following                                                               
an asset test,  the state will step in and  cover monthly premium                                                               
and  deductible costs,  but individuals  will still  have out  of                                                               
pocket  expenses for  coinsurance and  prescription drugs.  Under                                                               
this proposal, DHSS expects to serve about 10,000 seniors.                                                                      
                                                                                                                                
2:36:31 PM                                                                                                                    
Comparing old  and new SeniorCare prescription  drug benefits, he                                                               
pointed  out the  considerable savings  that seniors  would enjoy                                                               
under the new proposal.                                                                                                         
                                                                                                                                
2:38:20 PM                                                                                                                    
As previously  stated, DHSS expects  to serve about  7,000 people                                                               
with cash  assistance. For the  original SeniorCare  program, the                                                               
estimates were  accurate for the  cash assistance benefit  in the                                                               
135  percent of  poverty  bracket, but  were somewhat  inaccurate                                                               
between 135  and 150 percent of  poverty, which means there  is a                                                               
surplus in  the SeniorCare Trust  Fund. The surplus will  be used                                                               
to pay for start up and a portion of the first year costs.                                                                      
                                                                                                                                
The fiscal notes  indicate increased expenses for  the first year                                                               
because the Medicare drug benefit  doesn't begin until the second                                                               
half of the next state fiscal year.                                                                                             
                                                                                                                                
2:40:00 PM                                                                                                                    
SENATOR  KIM  ELTON  asked  the reason  the  old  program  didn't                                                               
eliminate residents  in the Pioneer/Veteran  Homes while  the new                                                               
proposal does.                                                                                                                  
                                                                                                                                
JON  SHERWOOD,  Medicaid  specialist, Department  of  Health  and                                                               
Social Services, said both the  current program and SB 78 contain                                                               
provisions for  temporary stay  in the  home. Since  the original                                                               
bill, other statutes have defined  public institutions to exclude                                                               
Pioneer/Veteran Homes.  Prior to last session  they were included                                                               
in some  definitions so that's  why they decided to  specify them                                                               
separately.                                                                                                                     
                                                                                                                                
COMMISSIONER  GILBERTSON  said  the justification  for  excluding                                                               
those residents is  that this would be a  redundant benefit since                                                               
there is already a Pioneer Home Assistance Program.                                                                             
                                                                                                                                
2:41:44 PM                                                                                                                    
SENATOR ELTON  said he  was working from  Version \A  even though                                                               
Version  \G was  under  consideration so  some  of his  questions                                                               
might have already been answered.                                                                                               
                                                                                                                                
He noted  seniors are limited to  30-day out of state  trips with                                                               
exceptions for out  of state medical treatment or  to accompany a                                                               
family  member who  is receiving  medical  treatment outside  the                                                               
state. However, it isn't an exception  to leave the state to care                                                               
for an  ill family  member that  lives out  of state  because the                                                               
senior isn't accompanying the family member outside.                                                                            
                                                                                                                                
COMMISSIONER GILBERTSON  agreed with the interpretation  and said                                                               
the point  is legitimate. He  recalled working on the  issue last                                                               
year  and  acknowledged  it  would be  advantageous  to  use  the                                                               
language they  settled on at  that time.  He thought there  was a                                                               
waiver process  that was established  for the department  to have                                                               
discretion on a case-by-case basis.                                                                                             
                                                                                                                                
2:44:38 PM                                                                                                                    
SENATOR  ELTON  suggested the  committee  look  at the  exception                                                               
language  for Permanent  Fund  dividends  to accommodate  medical                                                               
treatment for an immediate family  member. He then questioned the                                                               
effective date.                                                                                                                 
                                                                                                                                
MR. SHERWOOD  explained the committee substitute  (CS) simplifies                                                               
the language  to have the bill  take effect when Medicare  Part D                                                               
becomes available in Alaska.                                                                                                    
                                                                                                                                
SENATOR ELTON  remarked in five  years the program would  be more                                                               
expensive than the Longevity Bonus Program.                                                                                     
                                                                                                                                
MR. SHERWOOD  replied he didn't  have five-year numbers,  but the                                                               
projection is  to serve  about 17,000 seniors  in the  first year                                                               
for  about $17  million and  the Longevity  Bonus Program  was to                                                               
serve 15,000 seniors for $38 million.                                                                                           
                                                                                                                                
2:47:43 PM                                                                                                                    
SENATOR ELTON acknowledged that because  of the phase out, no one                                                               
would have been served without this program.                                                                                    
                                                                                                                                
CHAIR DYSON asked  for an explanation of  the differences between                                                               
Versions \A and \G.                                                                                                             
                                                                                                                                
MR.   SHERWOOD  described   four  changes:   conforming  language                                                               
changes; clarifying reference to  the Medicare Modernization Act;                                                               
adding SeniorCare  Benefit to  the statutory  list of  items that                                                               
can not  be garnished; and  changing effective date  to eliminate                                                               
reference to January 1.                                                                                                         
                                                                                                                                
2:49:52 PM                                                                                                                    
SENATOR ELTON moved to adopt  Version \G as the working document.                                                               
There being no objection, the motion carried.                                                                                   
                                                                                                                                
CHAIR  DYSON  suggested  the  committee  entertain  a  conceptual                                                               
amendment to make eligibility the  same as for the Permanent Fund                                                               
Dividend as far as traveling out of state.                                                                                      
                                                                                                                                
SENATOR ELTON  said he  would like to  review that  before moving                                                               
the bill since he didn't remember the language precisely.                                                                       
                                                                                                                                
CHAIR  DYSON expressed  agreement  and said  he is  uncomfortable                                                               
that seniors must  go through a waiver process to  go outside for                                                               
medical  reasons.   He  added  the   department  would   have  an                                                               
opportunity to  speak against the  change here and in  the Senate                                                               
Finance Standing Committee.                                                                                                     
                                                                                                                                
COMMISSIONER  GILBERTSON  said   the  department  really  doesn't                                                               
monitor senior travel patterns and  that particular change in the                                                               
program  management might  be minimal.  Acknowledging that  it is                                                               
within  Legislature's  purview to  change,  he  said the  current                                                               
language has  proved to be adequate  to address the issue  in the                                                               
last year.                                                                                                                      
                                                                                                                                
SENATOR WILKEN  suggested it  is important  for the  committee to                                                               
know how  many other  states have  this type  of program  and how                                                               
other states are treating the  federal drug prescription program.                                                               
He suggested that western states were of particular interest.                                                                   
                                                                                                                                
COMMISSIONER  GILBERTSON  said  he  would  make  the  information                                                               
available at the next hearing,  but other states haven't begun to                                                               
respond to  the integration between  the state  pharmacy assisted                                                               
plan  and Medicare  drug  benefits. The  Medicare,  Part D,  drug                                                               
benefit would be delivered in  a different way than Medicare Part                                                               
A  and Part  B. Part  D  would essentially  be delivered  through                                                               
private insurance  - pharmacy benefit management  firms. At least                                                               
two firms  would bid  on each  region after  which the  region is                                                               
assigned an  actuarial value per  life of individuals  that would                                                               
be  served.  Then the  actuarial/cash  value  is converted  to  a                                                               
benefit for the consumers.                                                                                                      
                                                                                                                                
He  suggested  many  states are  digesting  the  information  and                                                               
deciding how to  convert what used to be a  Medicaid benefit to a                                                               
supplement to Medicare.                                                                                                         
                                                                                                                                
2:56:05 PM                                                                                                                    
SENATOR WILKEN  said he would  prefer not  to move the  bill from                                                               
committee in order to provide time for further clarification.                                                                   
                                                                                                                                
CHAIR DYSON asked the process used  to decide that 300 percent of                                                               
the federal poverty level was the right number to use.                                                                          
                                                                                                                                
COMMISSIONER  GILBERTSON  replied  he would  provide  information                                                               
regarding  what the  various income  threshold  options mean.  To                                                               
some  extent, he  said, the  line is  discretionary and  there is                                                               
nothing  to peg  it  to  in the  private  market place.  Governor                                                               
Murkowski has  taken the  position that  the threshold  should be                                                               
low enough  so that seniors in  need are served. He  doesn't want                                                               
any senior  in the  state not  to be  enrolled in  a prescription                                                               
drug benefit  next year  because they aren't  able to  afford the                                                               
premium  or deductible,  which  is sizeable.  The  out of  pocket                                                               
expense before the first benefit is received is around $700.                                                                    
                                                                                                                                
After reviewing the income levels,  the governor decided that for                                                               
a senior who  makes less than $35,000 per year  a $670 deductible                                                               
is high so that's where he drew the line.                                                                                       
                                                                                                                                
CHAIR DYSON asked  whether the poverty level is  $10,000 per year                                                               
for a single person.                                                                                                            
                                                                                                                                
COMMISSIONER  GILBERTSON  replied  the Alaska  poverty  level  is                                                               
higher than  the national  average by 25  percent and  in Alaska,                                                               
100 percent of  poverty is between $11,000 and  $12,000 per year.                                                               
Where  you draw  the poverty  line  is the  discretion of  policy                                                               
makers, he emphasized.                                                                                                          
                                                                                                                                
2:59:56 PM                                                                                                                    
CHAIR DYSON asked whether there is an asset test.                                                                               
                                                                                                                                
COMMISSIONER  GILBERTSON said  yes, for  the seniors  who receive                                                               
the  $120 cash  assistance benefit,  the liquid  asset limit  per                                                               
individual  is $6,000.  The secondary  benefit, the  prescription                                                               
drug subsidy liquid asset level is $50,000.                                                                                     
                                                                                                                                
CHAIR DYSON asked about non-liquid assets.                                                                                      
                                                                                                                                
COMMISSIONER GILBERTSON replied there is none.                                                                                  
                                                                                                                                
CHAIR DYSON  noted the in state  advertisements for restructuring                                                               
assets to qualify  for different programs and  remarked that some                                                               
of it looks like scam.                                                                                                          
                                                                                                                                
COMMISSIONER GILBERTSON  agreed and said  it has been  a constant                                                               
struggle for  states and the  federal government to keep  up with                                                               
lawyers that  work to reduce  senior's assets. The  fiscal crisis                                                               
in  Medicaid is  largely  associated with  senior and  disability                                                               
services. Middle  and upper middle income  Americans are spending                                                               
down  parents and  transferring assets  when they  need long-term                                                               
care.  Although both  federal and  state  look-backs have  become                                                               
stricter, a  great number  of lawyers  are still  helping seniors                                                               
become eligible for programs such as this.                                                                                      
                                                                                                                                
3:02:39 PM                                                                                                                    
CHAIR DYSON  said if  40 percent of  the senior  population would                                                               
qualify that  means that  that 40 percent  of seniors  are living                                                               
under the 300 percent of federal poverty level.                                                                                 
                                                                                                                                
COMMISSIONER  GILBERTSON replied  it's a  rough estimate,  but if                                                               
17,000 seniors are served it's about 40 percent.                                                                                
                                                                                                                                
CHAIR  DYSON  announced he  would  hold  the  bill and  would  be                                                               
interested in the department looking  into the qualifications for                                                               
being  out of  state and  whether the  permanent fund  is a  good                                                               
model.                                                                                                                          
                                                                                                                                
SENATOR WILKEN said  he would like to know what  other states are                                                               
doing with regard to the federal program.                                                                                       
                                                                                                                                
3:04:33 PM                                                                                                                    
CHAIR  DYSON said  he  would be  interested  in comparisons  with                                                               
Colorado and Idaho.                                                                                                             
                                                                                                                                
SENATOR DONNY OLSON asked for  information on the distribution of                                                               
rural participants.                                                                                                             
                                                                                                                                
COMMISSIONER GILBERTSON agreed to do so.                                                                                        
                                                                                                                                
CHAIR DYSON asked for information  about what additional benefits                                                               
people might qualify for.                                                                                                       
                                                                                                                                
COMMISSIONER  GILBERTSON said  he would  get the  information and                                                               
clarified there  would be  some dual  eligibility so  the program                                                               
would be available to Alaska  Natives who are eligible for Indian                                                               
Health Service  (IHS) benefits. He  would provide  information on                                                               
the  number of  dual  eligibilities and  the  benefits they  have                                                               
access to, but  it is well established in law  that benefits will                                                               
be provided to all individuals  regardless of whether or not they                                                               
are eligible under IHS or a Native health corporation.                                                                          
                                                                                                                                
3:07:00 PM                                                                                                                    
CHAIR  DYSON said  he  could appreciate  that,  but doesn't  want                                                               
someone to receive payment twice for the same drug.                                                                             
                                                                                                                                
SENATOR ELTON expressed interest  in whether the previous program                                                               
had pro rata language and  also in departmental discussions about                                                               
inserting pro rata language in this bill.                                                                                       
                                                                                                                                
3:08:24 PM                                                                                                                    
CHAIR DYSON held SB 78 in committee.                                                                                            

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