Legislature(2005 - 2006)BUTROVICH 205
04/07/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB130 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 140 | TELECONFERENCED | |
| + | SB 132 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 130 | TELECONFERENCED | |
| += | SB 128 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 7, 2005
8:10 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
Senator Gretchen Guess
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 140
"An Act relating to spyware and unsolicited Internet
advertising."
SCHEDULED BUT NOT HEARD
SENATE BILL NO. 132
"An Act relating to complaints filed with, investigations,
hearings, and orders of, and the interest rate on awards of the
State Commission for Human Rights; making conforming amendments;
and providing for an effective date."
SCHEDULED BUT NOT HEARD
SENATE BILL NO. 130
"An Act relating to a special deposit for workers' compensation
and employers' liability insurers; relating to assigned risk
pools; relating to workers' compensation insurers; stating the
intent of the legislature, and setting out limitations,
concerning the interpretation, construction, and implementation
of workers' compensation laws; relating to the Alaska Workers'
Compensation Board; assigning certain Alaska Workers'
Compensation Board functions to the division of workers'
compensation in the Department of Labor and Workforce
Development and to that department, and authorizing the board to
delegate administrative and enforcement duties to the division;
establishing a Workers' Compensation Appeals Commission;
providing for workers' compensation hearing officers in workers'
compensation proceedings; relating to workers' compensation
medical benefits and to charges for and payment of fees for the
medical benefits; relating to agreements that discharge workers'
compensation liability; relating to workers' compensation
awards; relating to reemployment benefits and job dislocation
benefits; relating to coordination of workers' compensation and
certain disability benefits; relating to division of workers'
compensation records; relating to release of treatment records;
relating to an employer's failure to insure and keep insured or
provide security; providing for appeals from compensation
orders; relating to workers' compensation proceedings; providing
for supreme court jurisdiction of appeals from the Workers'
Compensation Appeals Commission; providing for a maximum amount
for the cost-of-living adjustment for workers' compensation
benefits; relating to attorney fees; providing for the
department to enter into contracts with nonprofit organizations
to provide information services and legal representation to
injured employees; providing for administrative penalties for
employers uninsured or without adequate security for workers'
compensation; relating to fraudulent acts or false or misleading
statements in workers' compensation and penalties for the acts
or statements; providing for members of a limited liability
company to be included as an employee for purposes of workers'
compensation; establishing a workers' compensation benefits
guaranty fund; relating to the second injury fund; making
conforming amendments; providing for a study and report by the
medical services review committee; and providing for an
effective date."
HEARD AND HELD
SENATE BILL NO. 128
"An Act relating to consideration by the Local Boundary
Commission of a requested borough incorporation."
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 130
SHORT TITLE: WORKERS' COMPENSATION
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/03/05 (S) READ THE FIRST TIME - REFERRALS
03/03/05 (S) L&C, FIN
03/08/05 (S) L&C AT 1:30 PM BELTZ 211
03/08/05 (S) Heard & Held
03/08/05 (S) MINUTE (L&C)
03/10/05 (S) L&C AT 1:30 PM BELTZ 211
03/10/05 (S) Heard & Held
03/10/05 (S) MINUTE (L&C)
03/15/05 (S) L&C AT 1:30 PM BELTZ 211
03/15/05 (S) Heard & Held
03/15/05 (S) MINUTE (L&C)
03/17/05 (S) L&C AT 1:30 PM BELTZ 211
03/17/05 (S) Heard & Held
03/17/05 (S) MINUTE (L&C)
03/22/05 (S) L&C AT 1:30 PM BELTZ 211
03/22/05 (S) Heard & Held
03/22/05 (S) MINUTE (L&C)
03/24/05 (S) L&C AT 2:00 PM BELTZ 211
03/24/05 (S) Heard & Held
03/24/05 (S) MINUTE (L&C)
03/29/05 (S) L&C AT 1:30 PM BELTZ 211
03/29/05 (S) -- Meeting Canceled --
03/31/05 (S) L&C AT 1:30 PM BELTZ 211
03/31/05 (S) Moved CSSB 130(L&C) Out of Committee
03/31/05 (S) MINUTE (L&C)
04/01/05 (S) L&C RPT CS 2DP 1NR 2AM NEW TITLE
04/01/05 (S) DP: BUNDE, STEVENS B
04/01/05 (S) NR: SEEKINS
04/01/05 (S) AM: DAVIS, ELLIS
04/01/05 (S) JUD REFERRAL ADDED AFTER L&C
04/05/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/05/05 (S) Heard & Held
04/05/05 (S) MINUTE (JUD)
04/06/05 (S) JUD AT 8:30 AM BUTROVICH 205
04/06/05 (S) Heard & Held
04/06/05 (S) MINUTE (JUD)
WITNESS REGISTER
Mr. Paul Lisanki, Director
Division of Worker's Compensation
Department of Labor & Workforce Development
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Commented on SB 130
Ms. Linda Hall, Director
Division of Insurance
th
550 W. 7 Ave Suite 1560
Anchorage, AK 99501
POSITION STATEMENT: Commented on SB 130
Ms. Marjorie Linder, Vocational Rehabilitation Counselor
Division of Worker's Compensation
Department of Labor & Workforce Development
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Commented on SB 130
Mr. Jim Jordan, Executive Director
Alaska State Medical Association
4107 Laurel St.
Anchorage, AK
POSITION STATEMENT: Commented on SB 130
Mr. Steve Constantino, Hearing Officer
Alaska Worker's Compensation Board
Division of Worker's Compensation
Department of Labor & Workforce Development
PO Box 21149
Juneau, AK 99802-1149
POSITION STATEMENT: Commented on SB 130
Mr. Michael Jensen, Attorney
12350 Industrial Way
Anchorage, AK
POSITION STATEMENT: Commented on SB 130
Mr. William Fehrenbach, Director State Government Affairs
Medtronics
Minneapolis, MN
POSITION STATEMENT: Commented on SB 130
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:10:44 AM. Present were Senators
Hollis French, Gretchen Guess, and Chair Ralph Seekins.
CHAIR SEEKINS informed the committee and the gallery of his
intended process in reviewing SB 130.
SB 130-WORKERS' COMPENSATION
8:13:35 AM
CHAIR SEEKINS asked Ms. Linda Hall to continue testimony from
the previous day. He asked whether she had any ideas that the
Legislature should be considering.
8:14:55 AM
MS. LINDA HALL admitted she has ideas although she does not have
experience in worker's compensation.
8:17:11 AM
MR. PAUL LISANKI, director, Division of Worker's Compensation,
Department of Labor and Workforce Development (DOLWD), commented
on a letter sent to Senator Seekins office from the DOLWD
containing information regarding worker's compensation in other
states. The overview is taken from a Department of Labor (DOL)
publication. Some states have placed limitations on the
benefits. Appendix A is a list of recommendations from the
National Commission on State Workmen's Compensation Laws. Table
4 lists two specific recommendations relating to medical
benefits.
8:19:17 AM
The information given to the committee by the DOLWD addresses
the question of whether it is possible to put limitations on
medical benefits. Whether medical benefits should be limited due
to the passage of time would be contrary to the recommendations
of the National Commission. It is not done in other states.
There are a number of states that have considered medical
benefits and they have some controls over unlimited payment of
benefits. For example, Florida has a provision for a co-payment
that would start after the injury reached maximum medical
improvement.
8:21:45 AM
CHAIR SEEKINS noted Appendix A gives the essential
recommendations. He asked Mr. Lisanki how Alaska compares.
MR. LISANKI answered Table 1 explains how Alaska compares.
According to the DOL Alaska is meeting 14 of the 19
recommendations.
8:25:39 AM
The maximum amount that may be paid for temporary total
disability for a week off varies from state to state.
8:27:23 AM
MS. HALL stated there are a significant number of states that
have a state fund of some form. Washington is a monopolistic
state and has no private insurers. Employers purchase worker's
compensation coverage through a state mechanism.
8:32:58 AM
MS. MARJORIE LINDER, vocational rehabilitation counselor,
Division of Worker's Compensation, introduced herself. She said
contrary to the hype, SB 130 reduces benefits. Section 15 offers
no benefit at all. An injured worker may find that s/he is
disqualified from retraining. Without legal representation, the
injured worker may not know what s/he is signing. $5,000 is a
relatively small sum of money when required to sign away for
life any future ability to have retraining. SB 130 would allow
this to be done with no oversight by the Board, no legal
council, no information conveyed.
8:35:51 AM
Senator Charlie Huggins joined the committee.
MS. LINDER continued it is bad public policy to give workers a
hand out in lieu of a hand up. She suggested removing the
language concerning stipulation. People often do not have
adequate information in order to make an informed decision.
8:37:59 AM
SENATOR HOLLIS FRENCH asked Ms. Linder whether her position
would change if the person making the decision were represented
by an attorney.
MS. LINDER agreed that would be a tremendous help. She said no
attorney in their right mind would advise their client to take
the job dislocation benefit because it is so exploitive and the
risks are tremendous.
8:38:59 AM
CHAIR SEEKINS asked Ms. Linder whether she had any further
propositions.
MS. LINDER added she wanted Section 15 taken out as a
disqualifier for the reemployment benefit.
8:41:15 AM
SENATOR GUESS asked Mr. Lisanki the requirements of
communication to the injured worker.
MR. LISANKI answered currently under statute the reemployment
benefits are optional at the choice of the injured worker. SB
130 would not change that. The DOL has concerns under the
current statutes that the injured worker does not stay informed.
They can call the DOL, and can be apprised of their rights by
their employer, and there is also pamphlet information. Since
1988 the Legislature has said in order to receive the benefits
an injured worker must request them within 90 days of reporting
the injury unless there are extenuating circumstances.
8:43:52 AM
The Worker's Compensation Board has basically amended the law.
There are regulations that define things that happen routinely
as unusual and extenuating. It is troubling when people lose a
benefit they don't know about. SB 130 would redefine the trigger
for getting the benefit.
8:45:07 AM
Certain triggers happen and either the employee or the employer
or the insurer asks for an evaluation of eligibility for the
benefit. If the administrator finds the triggers are met, they
assign the job of assessing eligibility to Ms. Linder or someone
like her. Based on the analysis this person is or is not
eligible and they can appeal.
8:47:43 AM
SENATOR FRENCH said he intended to propose an amendment that the
injured worker must sign up for a rehabilitation specialist.
Section 16 now requires a person to either chose reemployment or
job dislocation with no option of going back.
8:49:19 AM
MR. LISANKI commented that is currently how the system works.
SENATOR FRENCH understood the job dislocation aspect is not
currently in statute.
MR. LISANKI affirmed.
CHAIR SEEKINS announced a brief recess at 8:50:10 AM.
CHAIR SEEKINS reconvened the meeting at 8:52:01 AM.
MR. LISANKI said currently an employee has 15 days after
receiving notification of eligibility. An employee who desires
to use those benefits shall give written notice within that
period. Failure to give notice constitutes non-cooperation with
the benefit.
CHAIR SEEKINS commented the basic difference is the cash option.
8:53:59 AM
SENATOR FRENCH asked the purpose of the reemployment benefit.
MR. LISANKI explained it is to give the injured worker a
different opportunity to go back to work.
8:55:22 AM
CHAIR SEEKINS asked Mr. Lisanki to comment on the suggested
amendments before the committee.
MR. LISANKI reiterated his previous testimony that the system
can work with allowing injured workers and employers to
stipulate to eligibility. Section 15 regarding waiving the
reemployment benefits and accepting the dislocation benefits
should not be a disqualifier for future benefits.
8:57:25 AM
MR. LISANKI referred to AS 041 (F) (2) and said a person would
not qualify for reemployment benefits if, after injured the
first time, they return to work in the same or similar
occupation in terms of physical demands required and then get
were to get re-injured.
9:00:35 AM
SENATOR GUESS said in some ways the reemployment decision is
similar to state employees cashing out their PERS. However, the
state has a buyback provision. She asked whether anything like
that has been considered with the worker's compensation
benefits.
MR. LISANKI replied no. It would be difficult to administer. The
experts who testified in support of reemployment benefits were
of the mind that they have to happen quickly to be effective.
9:04:16 AM
SENATOR GUESS asked who the experts were.
MR. LISANKI said Z. Jackson did the original study, which was
completed and then invoked in 1982.
9:07:16 AM
MR. JIM JORDAN, executive director, Alaska State Medical
Association (ASMA), testified additional data is needed before
the Association can offer any meaningful suggestions. ASMA's
main concern is to provide appropriate access to care for
injured workers. The American Medical Association (AMA) recently
released a study that had to do with Medicare saying, if the
Medicare payment schedule is not fixed by the end of 2005, there
will be a 5 percent cut in the Medicare payment rate schedule.
The result is that 38 percent of physicians will decrease new
Medicare patients they accept. They will also cease purchase of
new equipment.
9:09:58 AM
This would make it difficult to comply with the requirements of
Medicare. He asked the committee to consider Section 24, which
is the preferred drug list. It only relates to a prescribing
physician. There are others who have the ability to prescribe to
injured workers such as Physicians Assistants, Nurse
Practitioners, and Dentists.
9:11:51 AM
MR. JORDAN continued it is necessary to look overall at how the
injured workers are coming out of the system and to consider
whether they are better off.
9:12:33 AM
CHAIR SEEKINS explained he would introduce an amendment that
defines attending physician.
SENATOR FRENCH asked Mr. Jordan to expand on ACOEM practice
guidelines.
MR. JORDAN said the California Medical Association reported the
ACOEM guidelines are not inclusive. They recommended additional
guidelines that were prepared by various national specialty
societies.
9:15:35 AM
SENATOR FRENCH expressed concern that the ACOEM guidelines don't
cover a majority of the care deemed necessary to provide. The
default would be to Section 24, subsection (p), which seems like
a cost driver.
9:16:39 AM
Senator Gene Therriault joined the committee.
9:18:00 AM
MR. STEVE CONSTANTINO, hearing officer, Alaska Worker's
Compensation Board, testified he meets regularly with colleagues
to discuss SB 130. They have prepared a number of amendments and
a compromised bill, which they intend to send to the Senate
Judiciary Standing Committee.
9:20:41 AM
MR. CONSTANTINO said a great deal of information is needed to
make reasonable policy changes. He agreed with the proposed
Worker's Compensation Task Force. The freeze on medical benefits
should be balanced by a freeze on insurance premiums.
9:22:53 AM
Injured workers are often without benefits and medical care
because of a dispute with the employer. When a settlement is
proposed, all parties are aware a waiver of medical benefits is
not in the best interest of the injured worker. To allow a
waiver of medical benefits to avoid the Board's scrutiny would
give a green light to insurers to insist on the provision as
part of any resolution of the claim. Parties do not have equal
bargaining positions. The injured worker's bills and family
responsibilities continue. When presented with the possibility
of another year of litigation, the injured worker will be
enticed to waive medical benefits.
9:26:00 AM
There are significant problems with Section 30, which would cap
non-resident compensation rates to those paid to Alaskan
residents. Section 38 would relieve the person who instigated
the fraud allegation from liability except for reckless
allegations, which is concerning. An allegation of fraud could
deter injured workers from legitimate claims.
9:28:47 AM
Section 33 would eliminate the second injury fund, which would
shift the burden from insurers to businesses. The fund was
designed to encourage businesses to hire injured workers by
allowing those businesses to be reimbursed for disability
expenses. The fund encourages employers to hire those they would
otherwise shy away from. Section 33 alludes all other legal
protections are adequate.
9:31:05 AM
Section 14 refers to a mandatory 90-day referral. A substantial
number of injured workers do not recover until well after the
90-day period. There needs to be a safety valve for employees
who can't go back to work within 90 days. The employee must have
the right to come back before the Board and demonstrate there
were changes that could not be previously determined by the
attending physician.
9:33:52 AM
MR. CONSTANTINO echoed Ms. Linder's concern regarding the job
dislocation benefit. It does not relate to how seriously an
employee is functionally disabled. It is a cost shifting
mechanism, which would allow insurers to waive an important
benefit in order to save costs.
9:36:09 AM
The Alaska Worker's Compensation Board does not support Page 5
of Mr. LISANKI's suggestions titled, "Maintaining Medical
Benefits While Reducing Costs."
9:38:00 AM
The preferred provider provisions incorporated into the statutes
cause concern. It would allow insurance companies to negotiate
with a select group of doctors to provide care at certain costs.
He asserted insurance company doctors are wrong most of the
time.
9:40:08 AM
MR. CONSTANTINO concluded there would be great pressure on
injured workers to use the preferred provider. Employees have a
right to change doctors one time. As the law is currently
proposed, that one time change will be exhausted if the injured
worker chooses the preferred provider.
9:44:27 AM
CHAIR SEEKINS announced the intent of the Senate Standing
Judiciary Committee to be done with SB 130 by the following
afternoon.
Chair Seekins announced a brief recess at 9:45:50 AM.
Chair Seekins reconvened the meeting at 10:10:16 AM.
CHAIR SEEKINS introduced Amendment 1, which would add the
creation of a task force on worker's compensation.
AMENDMENT 1
*Sec 54. The uncodified law of the State of Alaska is amended by
adding a new section to read:
TASK FORCE ON WORKERS' COMPENSATION. (a) There is
established in the legislative branch the Task Force on Workers'
Compensation to address the improvement of the Alaska worker's
compensation system, including
(1) a review of workers' compensation and insurance
reform measures throughout the United States and
an assessment of the effects of those reforms;
(2) an analysis and assessment of proposals for
workers' compensation liability insurance reform
in Alaska;
(3) a review of current Alaskan workers'
compensation benefits and costs and an
assessment of needed changes;
(4) a review of compliance with current Alaska
workers' compensation laws;
(5) a consideration of other issues determined to be
relevant by members of the task force.
(b) The task force established under (a) of this section
shall consist of nine voting members. One member shall be a
state senator appointed by the president of the senate and
one member shall be a representative appointed by the
speaker of the house of representatives. Eight members
shall be appointed jointly by the president of the senate
and speaker of the house of representatives, as follows:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(c) The task force established under (a) of this section
(1) may begin work immediately upon the appointment
of its full voting membership and shall meet at
least three times telephonically or in person;
(2) shall hold public hearings and may perform
research related to its work;
(3) may meet in the interim and vote telephonically;
(4) shall report its written findings and give a copy
of proposed legislation and other recommendations
to the legislature before December 1, 2005; and
(5) is terminated February 1, 2006.
10:13:00 AM
SENATOR THERRIAULT moved Amendment 1. Hearing no objections, the
motion carried.
SENATOR GUESS wanted the record to show the intent of the
committee is that a person who has been in the system would
represent the unorganized labor position, and that the Speaker
and the Senate President would determine the Chair of the task
force.
CHAIR SEEKINS agreed.
CHAIR SEEKINS introduced Amendment 2, which would provide the
definition of "attending physician."
10:15:22 AM
SENATOR GUESS moved Amendment 2.
AMENDMENT 2
Page 26, following line 23:
Insert the following new material:
"(35)"attending physician" means one of the following
designated by the employee under AS 23.30.095(a) or (b):
(A) a licensed medical doctor;
(B) a licensed doctor of osteopathy;
(C) a licensed dentist or dental surgeon;
(D) a licensed physician's assistant acting
under supervision of a licensed medical
doctor or doctor of osteopathy;
(E) a licensed advanced nurse practitioner
acting under supervision of a licensed
medical doctor or doctor of osteopathy; or,
(F) for a period of 30 days from the date of
first visit following an injury or for 12
visits, whichever first occurs, a licensed
chiropractor;"
Page 26, line 24:
Delete "(35)"
Insert "(36)"
Page 26, line 26:
Delete "(36)"
Insert "(37)"
Page 26, line 28:
Delete "(37)"
Insert "(38)"
Page 26, line 30:
Delete "(38)"
Insert "(39)"
CHAIR SEEKINS objected for the purpose of discussion.
10:17:16 AM
SENATOR FRENCH moved to strike the word "advanced" in reference
to Nurse Practitioner. Hearing no objections, the motion
carried.
10:18:31 AM
CHAIR SEEKINS removed his objection. Hearing no further
objections, Amendment 2 was unanimously adopted.
10:19:54 AM
MR. MICHAEL JENSON, attorney representing injured workers,
testified there are only seven attorneys who practice
exclusively worker's compensation representing workers. The
reason there are so few is because it is very complicated; the
benefits are too low and it is difficult to get paid. SB 130
does not address the increase in insurance premiums. For the
past two years fees for attorneys representing workers has gone
down 10 percent and insurance attorney fees have gone up but
nobody is asking where the regulators are.
10:22:14 AM
The first major problem with SB 130 is the cookbook approach
practice of the treating doctors. He asked Section 24 be put on
hold until the task force can address it.
10:24:28 AM
MR JENSON suggested amending Section 16 and Section 19 so that a
waiver requires Board approval.
10:29:34 AM
SENATOR FRENCH announced he has three amendments for the members
to consider the next hearing.
10:30:30 AM
MR. WILLIAM FEHRENBACH, director of State Government Affairs for
Medtronic, advised they have a technical clarification for SB
130. There are many things that ACOEM does not address and so
ACOEM cannot be invoked to deny a procedure that ADOEM does not
address.
10:32:31 AM
SENATOR GUESS moved Amendment 3. Hearing no objections, the
motion carried.
AMENDMENT 3
Page 15, Line 31, after "...medical treatment or services."
INSERT:
Treatment may not be denied based on American College of
Occupational and Environmental Medicine Practice Guidelines if
the treatment for the indication in question is not specifically
addressed by the American College of Occupational and
Environmental Medicine Practice Guidelines.
10:34:24 AM
SENATOR THERRIAULT moved Amendment 4.
AMENDMENT 4
Page 4, Delete Section 5
Page 6, Delete Section 11
Page 22, Delete Section 37
Page 27, Delete Section 46
Page 28, Delete Sections 50 and 54
Renumber all other sections accordingly.
SENATOR GUESS objected for the purpose of explanation.
MR. LISANKI explained Amendment 4 refers to the elimination over
time of the second injury fund.
SENATOR GUESS removed her objection. Hearing no further
objections, Amendment 4 was adopted.
10:35:54 AM
CHAIR SEEKINS introduced Amendment 5.
SENATOR HUGGINS moved Amendment 5.
AMENDMENT 5
Page 26, following line 23:
Insert a new bill section to read:
"*Sec. 42. AS 23.30.395(17) is amended to read:
(17) "injury" means accidental injury or death arising
out of and in the course of employment, and an occupational
disease or infection which arises naturally out of the
employment of which naturally or unavoidably results from an
accidental injury; "injury" includes breakage or damage to
eyeglasses, hearing aids, dentures, or any prosthetic devices
which function as part of the body and further includes an
injury caused by the wilful act of a third person directed
against an employee because of the employment; "injury" does not
include aggravation, acceleration or combination with a pre-
existing condition unless the employment is the major
contributing cause of disability or need for medical treatment;
"injury" does not include mental injury caused by mental stress
unless it is established that (A) the work stress was
extraordinary and unusual in comparison to pressures and
tensions experienced by individuals in a comparable work
environment, and (B) the work stress was the predominant cause
of the mental injury; the amount of work stress shall be
measured by actual events; a mental injury is not considered to
arise out of and in the course of employment if it results from
a disciplinary action, work evaluation, job transfer, layoff,
demotion, termination, or similar action, taken in good faith by
the employer;"
Renumber the following bill sections accordingly.
CHAIR SEEKINS objected for the purpose of explanation.
MR. LISANKI explained Amendment 5 amends the definition of the
word "injury" as used in the Worker's Compensation Act.
10:38:10 AM
SENATOR FRENCH asked the reason for such a significant change.
MR. LISANKI said the impetus is for decreasing the cost of
insurance premiums.
10:42:24 AM
CHAIR SEEKINS tabled Amendment 5 until the next hearing. He
introduced Amendment 6.
SENATOR HUGGINS moved Amendment 6.
AMENDMENT 6
Page 15, following line 3:
Insert a new bill section to read:
"*Sec. 23. AS 23.30.095(c) is amended to read:
(c) A claim for medical or surgical treatment, or
treatment requiring continuing and multiple treatments of a
similar nature is not valid and enforceable against the employer
unless, within 14 days following treatment, the physician or
healthcare provider giving the treatment of the employee
receiving it furnishes to the employer and the board notice of
the injury and treatment, preferably on a form prescribed by the
board. The board shall, however, excuse the failure to furnish
notice within 14 days when it finds it to be in the interest of
justice to do so, and it may, upon application by a party in
interest, make an award for the reasonable value of the medical
or surgical treatment so obtained by the employee.
(1) When a claim is made for a course of
treatment requiring continuing and multiple
treatments of a similar nature, in addition
to the notice, the physician of health care
provider shall furnish a written treatment
plan if the course of treatment will require
more frequent outpatient visits than the
standard treatment frequency for the nature
and degree of the injury and the type of
treatments. The treatment plan shall be
furnished to the employee and employer
within 14 days after treatment begins. The
treatment plan must include objectives,
modalities, frequency of treatments, and
reasons for the frequency of treatments. If
the treatment plan is not furnished as
required under this subsection, neither the
employer nor the employee may be required to
pay for treatments that exceed the frequency
standard. The board shall adopt regulations
establishing standards for frequency of
treatment.
(2) Notwithstanding subsection (a) of this
section, a claim for palliative care or
treatment provided after the employee's
condition is medically stable is not valid
and enforceable against the employer unless
the employee's attending physician certifies
that the palliative care of treatment is
required to enable the employee to continue
in the employee's employment at the time of
treatment or to enable the employee to
continue to participate in an agreed or
approved reemployment plan. Palliative care
or treatment is also subject to the
requirements of subsection (1) of this
section if the palliative care or treatment
involves continuing and multiple treatments
of a similar nature."
Renumber the following bill sections accordingly.
SENATOR FRENCH objected for the purpose of explanation.
MR. LISANKI explained it was based on the scope of medical
benefits that can be paid and the expense associated. The
amendment specifically addresses palliative care.
10:46:47 AM
SENATOR FRENCH moved to table Amendment 6 until the next
hearing. Hearing no objections, the motion carried.
10:49:32 AM
SENATOR FRENCH introduced Amendment 7.
24-GS1112\G.1
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A M E N D M E N T 7
OFFERED IN THE SENATE BY SENATOR FRENCH
TO: CSSB 130(L&C)
Page 11, line 8, following "AS 23.30.130":
Insert ";
(4) the administrator may not accept an election
to accept a job dislocation benefit by an employee who is
not represented by an attorney"
CHAIR SEEKINS tabled Amendment 7 until the next bill hearing.
SENATOR FRENCH introduced Amendment 8.
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A M E N D M E N T 8
OFFERED IN THE SENATE BY SENATOR FRENCH
TO: CSSB 130(L&C)
Page 12, line 18, following "AS 23.30.130.":
Insert "The division may not accept a wavier executed by an
employee who is not represented by an attorney before the
board's review and approval of the employee's waiver."
CHAIR SEEKINS tabled Amendment 8 until the next bill hearing.
CHAIR SEEKINS introduced Amendment 9.
MR. LISANKI explained Amendment 9 contained a fix for unintended
redundant language.
SENATOR THERRIAULT moved Amendment 9.
SENATOR FRENCH moved to table Amendment 9 until the next bill
hearing. Hearing no objections, the motion carried.
Chair Seekins recessed the Senate Standing Judiciary Committee
meeting until 0800 Friday, April 8, 2005 at 10:53:13 AM.
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