Legislature(2025 - 2026)BELTZ 105 (TSBldg)

04/07/2025 01:30 PM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 21 AK WORK & SAVE PROGRM; RETIRE. SAVINGS BD TELECONFERENCED
Moved CSSB 21(L&C) Out of Committee
-- Public Testimony <Time Limit May Be Set> --
+ SB 83 TELEHEALTH REIMBURSEMENT RATES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
Bills Previously Heard/Scheduled
**Streamed live on AKL.tv**
             SB  83-TELEHEALTH REIMBURSEMENT RATES                                                                          
                                                                                                                              
            [CSSB 83(HSS)was before the committee.]                                                                             
                                                                                                                                
1:33:38 PM                                                                                                                    
CHAIR BJORKMAN announced the consideration  of CS FOR SENATE BILL                                                               
NO. 83(HSS) "An  Act relating to health  care insurance; relating                                                               
to  insurance reimbursement  for  health  care services  provided                                                               
through  telehealth; relating  to  telehealth;  providing for  an                                                               
effective date  by repealing  the effective date  of secs.  9 and                                                               
10, ch. 38, SLA 2022; and providing for an effective date."                                                                     
                                                                                                                                
1:34:02 PM                                                                                                                    
SENATOR  MATT  CLAMAN,  District  H,  Alaska  State  Legislature,                                                               
Juneau, Alaska, as the sponsor of SB 83, he the bill:                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Senate  Bill  83 was  brought  forward  by health  care                                                                    
     providers  in my  district who  provide both  in-person                                                                    
     and telehealth  services to Alaskans across  the state.                                                                    
     SB 83 will ensure  pay parity for telehealth, requiring                                                                    
     health care  insurers to reimburse at  the same payment                                                                    
     rate for telehealth services as in-person care.                                                                            
                                                                                                                                
1:34:31 PM                                                                                                                    
SENATOR CLAMAN continued with his presentation:                                                                                 
                                                                                                                                
     Telehealth   reduces  barriers   to  care   and  allows                                                                    
     patients  to receive  timely and  convenient care  from                                                                    
     the comfort of their own  homes. In Alaska, barriers to                                                                    
     care  affect individuals  in  rural  areas, those  with                                                                    
     disabilities,  and  those with  limited  transportation                                                                    
     options.   Telehealth  is   especially  important   for                                                                    
     chronic  disease  management, mental  health  services,                                                                    
     and preventative care.                                                                                                     
                                                                                                                                
     The  COVID-19 pandemic  highlighted  the critical  need                                                                    
     for  telehealth  access,   prompting  the  Centers  for                                                                    
     Medicare  &  Medicaid  Services  (CMS)  to  temporarily                                                                    
     implement   telehealth  parity.   While  this   federal                                                                    
     mandate has expired,  some telehealth provisions remain                                                                    
     in  place.  What  was  once a  temporary  need  is  now                                                                    
     standard practice,  and many  states have  made efforts                                                                    
     to solidify  permanent access  to these  services. Over                                                                    
     33 states have enacted similar  legislation to SB 83 to                                                                    
     ensure fair reimbursement for telehealth services.                                                                         
                                                                                                                                
     Alaska's  Medicaid program  already has  telehealth pay                                                                    
     parity.  This  legislation  builds upon  that  existing                                                                    
     framework  to  require  the   same  parity  by  private                                                                    
     insurers.  In our  previous  committee,  we amended  to                                                                    
     remove  the   sunset  language  in   Alaska's  Medicaid                                                                    
     telehealth statutes,  ensuring that  it will  remain in                                                                    
     law.                                                                                                                       
                                                                                                                                
     Passage  of  this  legislation will  expand  access  to                                                                    
     care,  improve  and  maintain   quality  of  care,  and                                                                    
     incentivize continued telehealth utilization.                                                                              
                                                                                                                                
1:36:13 PM                                                                                                                    
SARENA HACKENMILLER, Staff, Senator Matt Claman, Alaska State                                                                   
Legislature, Juneau, Alaska, provided the sectional analysis for                                                                
SB 83:                                                                                                                          
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                  Sectional Analysis Version O                                                                                
                                                                                                                                
     Section 1                                                                                                              
     AS  21.42.422(b).  Coverage  for telehealth.  Adds  new                                                                    
     paragraph (3) and references  the definition of "health                                                                    
     care provider" as given in AS 21.07.250.                                                                                   
                                                                                                                                
1:36:38 PM                                                                                                                    
MS. HACKENMILLER continued with the sectional analysis of SB 83,                                                                
version O:                                                                                                                      
                                                                                                                                
     Section 2                                                                                                              
     AS  21.42.422. Coverage  for telehealth.  Establishes a                                                                    
     new  subsection  requiring   health  care  insurers  to                                                                    
     reimburse   health   care  providers   for   telehealth                                                                    
     services, including behavioral  health services, at the                                                                    
     same rate as for in-person services.                                                                                       
                                                                                                                                
     Section 3                                                                                                              
     AS 29.10.200. Limitation of home  rule powers. Adds new                                                                    
     paragraph  (68) "AS  29.20.420  (health care  insurance                                                                    
     plans)" to the  list of provisions which  apply to home                                                                    
     rule municipalities                                                                                                        
                                                                                                                                
     Section 4                                                                                                              
     AS 29.20.420. Health  care insurance plans. Establishes                                                                    
     a  new section  requiring a  home rule  or general  law                                                                    
     municipality  offering a  group  health care  insurance                                                                    
     plan  to  meet  the  requirements  of  AS  21.42.422(c)                                                                    
     (Section 2).  Provides the  definition of  "health care                                                                    
     insurance plan" as given in AS 21.52.500.                                                                                  
                                                                                                                                
     Section 5                                                                                                              
     AS 39.30.090(a).  Authorization for  self-insurance and                                                                    
     excess  loss  insurance.  Adds a  new  subsection  (13)                                                                    
     requiring  a  policy  or policies  of  group  insurance                                                                    
     covering  state employees  and other  specific employee                                                                    
     groups under  the Department of Administration  to meet                                                                    
     to the requirements of AS 21.42.422(c) (Section 2).                                                                        
                                                                                                                                
     Section 6                                                                                                              
     AS  39.30.091.  Authorization  for  self-insurance  and                                                                    
     excess loss  insurance. Amends this statute  to require                                                                    
     those  employers  with   a  self-insured  group  health                                                                    
     insurance plan covering active  state employees to meet                                                                    
     the requirements of AS 21.42.422(c) (Section 2).                                                                           
                                                                                                                                
     Section 7                                                                                                              
     Repeals Sections 9, 10, and 13 of ch. 38, SLA 2022.                                                                        
                                                                                                                                
     Section 8                                                                                                              
     Repeals Section 14 of ch. 38, SLA 2022.                                                                                    
                                                                                                                                
     Section 9                                                                                                              
     Establishes an effective date of January 1, 2026.                                                                          
                                                                                                                                
1:38:22 PM                                                                                                                    
CHAIR BJORKMAN announced invited testimony on SB 83.                                                                            
                                                                                                                                
1:38:40 PM                                                                                                                    
JIM    REBITZER,    Economist,   Boston    University,    Boston,                                                               
Massachusetts, testified by invitation on SB 83:                                                                                
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     I am here  to testify about a new  piece of legislation                                                                    
     regarding  reimbursement for  telehealth services.  The                                                                    
     bill  requires  a  health   insurer  to  reimburse  for                                                                    
     telehealth services on  the same basis and  at least at                                                                    
     the  same   rate  as  comparable   healthcare  services                                                                    
     provided in person.                                                                                                        
                                                                                                                                
     Let me  start with  my conclusion: This  legislation is                                                                    
     reasonable and deserving of  your support. However, the                                                                    
     reasoning  behind  it may  be  of  greater use  to  the                                                                    
     committee than my conclusion.                                                                                              
                                                                                                                                
     As  an  economist   studying  management,  I  generally                                                                    
     believe that  a state legislature should  not determine                                                                    
     how much private insurers  pay for services. Typically,                                                                    
     legislatures    lack    essential    information    and                                                                    
     incentives,  and   they  respond  too  slowly   to  set                                                                    
     appropriate reimbursement rates. It  is better to leave                                                                    
     this  to negotiations  between insurers  and providers.                                                                    
     However, telehealth might be  the exception that proves                                                                    
     the rule.  Mandating equal payment can  help address an                                                                    
     economic  issue  that  private parties  cannot  resolve                                                                    
     independently.                                                                                                             
                                                                                                                                
     Like every new  treatment modality, telehealth requires                                                                    
     providers  to develop  new capabilities  for delivering                                                                    
     care  at   a  distance.   Payers  may  be   willing  to                                                                    
     compensate   providers   to  encourage   these   costly                                                                    
     investments,  but will  they pay  enough on  their own?                                                                    
     Perhaps  not. In  our fragmented  payment system,  each                                                                    
     provider  treats patients  from many  different payers:                                                                    
     Medicare,  Medicaid,  the   State  of  Alaska,  private                                                                    
     insurers,  and  private  employers. This  diversity  of                                                                    
     payers creates an opportunity for free riding.                                                                             
                                                                                                                                
1:41:27 PM                                                                                                                    
MR. REBITZER continued with his testimony on SB 83:                                                                             
                                                                                                                                
     Suppose  a provider  deals  with  10 different  payers,                                                                    
     each  paying  $50  for   a  telehealth  visit.  Suppose                                                                    
     providers are happy to  invest adequately in telehealth                                                                    
     capacity at this price. What  would happen if one payer                                                                    
     decided to  pay $40  for a telehealth  visit? Providers                                                                    
     might still  be willing  to deliver telehealth  care to                                                                    
     this payer because they have  already borne the cost of                                                                    
     developing  the telehealth  capacity.  The insurer  who                                                                    
     pays  $40 would,  in effect,  be "free  riding" on  the                                                                    
     other  payers' generosity.  That would  be annoying  to                                                                    
     the  other  payers.  If the  rest  followed  suit,  the                                                                    
     result would be an  inadequate investment in telehealth                                                                    
     capacity  or, in  the extreme  case,  no investment  at                                                                    
     all.                                                                                                                       
                                                                                                                                
     You can  see where this  is heading. The  proposed bill                                                                    
     can be beneficial  as it makes it more  difficult for a                                                                    
     single  insurer to  take  advantage  of investments  in                                                                    
     telehealth funded by other payers.                                                                                         
                                                                                                                                
     Some who object to payment  parity might argue that the                                                                    
     marginal  cost of  telehealth  is  less than  in-person                                                                    
     health,  so   "parity"  in   payments  means   you  are                                                                    
     overpaying for  telehealth. This reasoning  makes sense                                                                    
     until  you think  about it  for a  minute. Much  of the                                                                    
     cost  of delivering  telehealth is  determined by  what                                                                    
     else  providers  could  do  with  their  time.  Payment                                                                    
     parity  has  the  advantage  of   not  making  it  more                                                                    
     expensive   for   providers  who   deliver   telehealth                                                                    
     services.                                                                                                                  
                                                                                                                                
     Although I  am not  an Alaskan, I  am impressed  by the                                                                    
     vast  distances' healthcare  providers  must travel  to                                                                    
     reach all Alaskans. The cost  of underinvestment in and                                                                    
     under provision of telehealth  is especially severe for                                                                    
     Alaska, so the proposed legislation's value is likely                                                                      
     to be high.                                                                                                                
                                                                                                                                
1:44:25 PM                                                                                                                    
HOWARD DETWILER,  Owner, Arctic  Behavior Health  LLC, Anchorage,                                                               
Alaska, testified by  invitation on SB 83 and gave  an example of                                                               
when  a  snowstorm,  in Anchorage,  prevented  two  clients  from                                                               
visiting   the  office,   requiring   remote  consultations   for                                                               
medication  management.   The  technological  costs   and  system                                                               
failures for telehealth can equal  or exceed in-person visits and                                                               
may increase  the risk of emergency  consultations. He emphasized                                                               
an experience  of developing military telehealth  systems in Iraq                                                               
and  Afghanistan, emphasizing  that telehealth  is essential  for                                                               
healthcare delivery in Alaska.                                                                                                  
                                                                                                                                
1:46:43 PM                                                                                                                    
CHAIR BJORKMAN asked  Mr. Detwiler to give examples of  how SB 83                                                               
would directly affect his business.                                                                                             
                                                                                                                                
1:46:58 PM                                                                                                                    
MR. DETWILER replied that a  snowstorm prevented two clients from                                                               
visiting the office for  restricted medications, making in-person                                                               
evaluation  and  prescription  continuation impossible.  He  said                                                               
telehealth  is   essential  to   maintain  continuity   of  care,                                                               
especially given Alaska's distances and challenging climate.                                                                    
                                                                                                                                
[CHAIR BJORKMAN held SB 83 in committee.]                                                                                       

Document Name Date/Time Subjects
SB83 ver O.pdf SL&C 4/7/2025 1:30:00 PM
SB 83
SB83 Sponsor Statement ver O.pdf SL&C 4/7/2025 1:30:00 PM
SB 83
SB83 Sectional Analysis ver O.pdf SL&C 4/7/2025 1:30:00 PM
SB 83
SB83 Fiscal Note-DCCED-DOI 03.14.25.pdf SL&C 4/7/2025 1:30:00 PM
SB 83
SB83 Fiscal Note-DOA-DRB 02.04.25.pdf SL&C 4/7/2025 1:30:00 PM
SB 83
SB83 Supporting Document-AMA-State telehealth policy trends 11.30.23.pdf SL&C 4/7/2025 1:30:00 PM
SB 83
SB83 Supporting Document-AMA-Supporting equitable payment for telehealth 06.21.23.pdf SL&C 4/7/2025 1:30:00 PM
SB 83
SB83 Public Testimony-Combined Letters of Support 04.04.25.pdf SL&C 4/7/2025 1:30:00 PM
SB 83