03/08/2022 01:30 PM Senate HEALTH & SOCIAL SERVICES

        SB 156-PROHIBIT COVID-19 VACCINE DISCRIMINATION                                                                     
                                                                                                                                
1:49:00 PM                                                                                                                    
CHAIR   WILSON  reconvened   the   meeting   and  announced   the                                                               
consideration of SENATE  BILL NO. 156 "An Act  relating to COVID-                                                               
19  immunization  rights;  and   relating  to  objection  to  the                                                               
administration of a COVID-19 vaccine."                                                                                          
                                                                                                                                
CHAIR WILSON solicited amendments.                                                                                              
                                                                                                                                
1:49:20 PM                                                                                                                    
SENATOR REINBOLD moved to adopt Amendment 1, work order 32-                                                                     
LS1352\I.7.                                                                                                                     
                                                                                                                                
                                                 32-LS1352\I.7                                                                  
                                                 Dunmire/Foote                                                                  
                                                       3/4/22                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE             BY SENATOR REINBOLD                                                                      
                                                                                                                                
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "and"                                                                                                        
                                                                                                                                
     Page 1, line 2, following "vaccine":                                                                                     
         Insert "; and providing for an effective date"                                                                       
                                                                                                                              
     Page 2, following line 30:                                                                                                 
          Insert a new bill section to read:                                                                                    
       "* Sec. 2. This Act takes effect immediately under                                                                   
     AS 01.10.070(c)."                                                                                                          
                                                                                                                                
1:49:23 PM                                                                                                                    
CHAIR WILSON objected for discussion purposes.                                                                                  
                                                                                                                                
1:49:25 PM                                                                                                                    
SENATOR  REINBOLD  explained that  Amendment  1  would insert  an                                                               
immediate effective  date. She related  that, in  her experience,                                                               
sometimes  bills  were  delayed because  they  lacked  sufficient                                                               
votes on the Senate floor to adopt the effective date clause.                                                                   
                                                                                                                                
1:49:43 PM                                                                                                                    
SENATOR BEGICH stated that adding  an effective date to this bill                                                               
could delay  it if the Senate  did not have a  two-thirds vote to                                                               
adopt the effective date clause.                                                                                                
                                                                                                                                
1:50:05 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
1:50:39 PM                                                                                                                    
CHAIR WILSON reconvened the meeting.                                                                                            
                                                                                                                                
1:50:46 PM                                                                                                                    
SENATOR BEGICH  stated his question  was whether Amendment  1 was                                                               
to add an effective date to  the bill that would require 14 votes                                                               
for  the effective  date clause  to pass  the Senate.  He advised                                                               
that  if the  bill  does  not have  an  effective  date, it  will                                                               
default to becoming effective 90 days after passage.                                                                            
                                                                                                                                
1:51:033 PM                                                                                                                   
SENATOR  REINBOLD  stated  she   intended  to  add  an  immediate                                                               
effective  date in  SB 156  because the  unvaccinated were  being                                                               
discriminated against.                                                                                                          
                                                                                                                                
1:51:26 PM                                                                                                                    
CHAIR  WILSON   removed  his  objection;  he   found  no  further                                                               
objection, and Amendment 1 was adopted.                                                                                         
                                                                                                                                
1:51:38 PM                                                                                                                    
SENATOR  REINBOLD moved  to  adopt Amendment  2,  work order  32-                                                               
LS1352\I.8.                                                                                                                     
                                                                                                                                
                                                 32-LS1352\I.8                                                                  
                                                 Dunmire/Foote                                                                  
                                                       3/4/22                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 2                                                                                       
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE               BY SENATOR REINBOLD                                                                     
                                                                                                                                
     Page 1, line 1:                                                                                                            
          Delete "and"                                                                                                        
                                                                                                                                
     Page 1, line 2, following "vaccine":                                                                                     
          Insert "; and relating to COVID-19 vaccination                                                                      
     status and eligibility for health care insurance"                                                                        
                                                                                                                                
     Page 2, following line 30:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 2. AS 21.54.100(a) is amended to read:                                                                      
          (a)  A health care insurer that offers, issues                                                                        
     for  delivery,  delivers,  or   renews  a  health  care                                                                    
     insurance plan  in the group  market may  not establish                                                                    
     rules for eligibility,  including continued eligibility                                                                    
     and waiting  periods under the plan,  for an individual                                                                    
     or dependent of an individual based on                                                                                     
               (1)  health status;                                                                                              
               (2)  medical condition, including physical                                                                       
     and mental illnesses;                                                                                                      
               (3)  claims experience;                                                                                          
               (4)  receipt of health care;                                                                                     
               (5)  medical history;                                                                                            
               (6)  genetic information;                                                                                        
               (7)  evidence of insurability, including                                                                         
       conditions arising from acts of domestic violence;                                                                       
     [OR]                                                                                                                       
               (8)  disability; or                                                                                          
               (9) the individual's COVID-19 vaccination                                                                    
     status; in this paragraph, "COVID-19" has the meaning                                                                  
     given in AS 18.09.290."                                                                                                
                                                                                                                                
1:51:40 PM                                                                                                                    
CHAIR WILSON objected for discussion purposes.                                                                                  
                                                                                                                                
1:50:41 PM                                                                                                                    
SENATOR REINBOLD  stated that members  received 500 emails  on SB
,   noting   that   several  constituents   requested   adding                                                               
eligibility  for  health  care   insurance.  She  explained  that                                                               
Amendment  2 would  say that  insurance  could not  deny a  claim                                                               
based on vaccine status.                                                                                                        
                                                                                                                                
1:52:27 PM                                                                                                                    
SENATOR BEGICH pointed  out that her concern  was already covered                                                               
under  current  law.  He  referred  to page  1,  lines  15-19  of                                                               
Amendment  1, to  AS 21.54.100(a)(1)(5).   He stated  that health                                                               
status,   medical  condition,   including  physical   and  mental                                                               
illnesses,  claims  experience,  receipt   of  health  care,  and                                                               
medical  history   cannot  be  used  as   reasons.  Further,  the                                                               
Affordable   Care   Act   (ACA)   also   prohibits   pre-existing                                                               
conditions. He  said he would  not oppose Amendment 2  but wanted                                                               
to  point  out that  in  his  discussions  with the  Division  of                                                               
Insurance  and  in reading  the  statutes,  adding paragraph  (9)                                                               
would add redundancy.                                                                                                           
                                                                                                                                
1:54:06 PM                                                                                                                    
SENATOR HUGHES asked if Title  21 relates to insurance, so adding                                                               
this  language  to  the  statute   would  clarify  that  COVID-19                                                               
vaccination status cannot be discriminated against.                                                                             
                                                                                                                                
1:54:26 PM                                                                                                                    
LORI WING-HEIER,  Director, Division of Insurance,  Department of                                                               
Commerce, Community and  Economic Development (DCCED), Anchorage,                                                               
Alaska, responded  that Title 21  relates to the  insurance code.                                                               
She agreed with  Senator Begich that a health  care insurer could                                                               
not ask  any questions related to  pre-existing conditions. Thus,                                                               
a health care  insurer cannot ask if someone  has received polio,                                                               
shingles, or pneumonia vaccines.                                                                                                
                                                                                                                                
SENATOR  BEGICH  said  it  might  not be  necessary  to  add  the                                                               
language.                                                                                                                       
                                                                                                                                
1:55:02 PM                                                                                                                    
SENATOR REINBOLD  asked if Amendment  2 would  complement current                                                               
statute.                                                                                                                        
                                                                                                                                
MS.  WING-HEIER  replied that  Amendment  2  would likely  create                                                               
confusion  because  people  may  wonder  about  the  intent.  The                                                               
current statute  does not need  to be complemented because  it is                                                               
already addressed in the five paragraphs.                                                                                       
                                                                                                                                
SENATOR   REINBOLD  offered   her   belief  that   discrimination                                                               
regarding COVID-19  vaccination status was  occurring nationwide.                                                               
She offered her view that  insurance claims were being denied for                                                               
vaccinations and for those who were unvaccinated.                                                                               
                                                                                                                                
1:56:13 PM                                                                                                                    
SENATOR  HUGHES asked  whether federal  and  state laws  prohibit                                                               
insurers  from asking  about vaccination  status or  pre-existing                                                               
conditions.                                                                                                                     
                                                                                                                                
1:56:34 PM                                                                                                                    
MS.  WING-HEIER replied  that it  was based  on federal  law, but                                                               
state law mimics federal law as much as possible.                                                                               
                                                                                                                                
1:56:47 PM                                                                                                                    
CHAIR  WILSON   removed  his  objection;  he   found  no  further                                                               
objection, and Amendment 2 was adopted.                                                                                         
                                                                                                                                
1:56:58 PM                                                                                                                    
SENATOR  BEGICH  moved  to  adopt Amendment  3,  work  order  32-                                                               
LS1352\I.6.                                                                                                                     
                                                                                                                                
                                                 32-LS1352\I.6                                                                  
                                                        Foote                                                                   
                                                       3/3/22                                                                   
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR BEGICH                                                                 
                                                                                                                                
                                                                                                                                
     Page 1, following line 3:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Section 1. The uncodified law of the State of                                                                    
     Alaska is amended by adding a new section to read:                                                                         
          LEGISLATIVE INTENT. It is the intent of the                                                                           
     legislature that every person  should have the right to                                                                    
     choose their own medical  interventions because art. I,                                                                    
     sec. 22,  of the  Constitution of  the State  of Alaska                                                                    
     protects a person's right to privacy."                                                                                     
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
1:57:00 PM                                                                                                                    
CHAIR WILSON objected for discussion purposes.                                                                                  
                                                                                                                                
1:57:02 PM                                                                                                                    
SENATOR BEGICH  stated that numerous  arguments had been  made in                                                               
committee and on the floor  about tying legislation to a person's                                                               
autonomy and right  to make medical decisions.  He explained that                                                               
Amendment 3  would add legislative  intent that every  person has                                                               
the right  to choose  their medical intervention  and a  right to                                                               
privacy.                                                                                                                        
                                                                                                                                
1:57:57 PM                                                                                                                    
SENATOR REINBOLD  asked for  assurance that  Amendment 3  did not                                                               
eliminate Section 1.                                                                                                            
                                                                                                                                
SENATOR  BEGICH answered  that Amendment  3 does  not delete  any                                                               
language in the bill, but the sections are renumbered.                                                                          
                                                                                                                                
1:58:52 PM                                                                                                                    
CHAIR  WILSON   removed  his  objection;  he   found  no  further                                                               
objection, and Amendment 3 was adopted.                                                                                         
                                                                                                                                
SENATOR REINBOLD stated that SB  156 would provide for individual                                                               
choice  without  discrimination  based  on  COVID-19  vaccination                                                               
status.  She  said  it would  prohibit  immunity  passports.  She                                                               
expressed concern that a hostess at  a restaurant would ask for a                                                               
vaccination card.                                                                                                               
                                                                                                                                
2:01:28 PM                                                                                                                    
CHAIR WILSON solicited the will of the committee.                                                                               
                                                                                                                                
2:01:34 PM                                                                                                                    
SENATOR HUGHES  moved to report  SB 156, work  order 32-LS1342\I,                                                               
as amended,  from committee  with individual  recommendations and                                                               
attached Statement of zero fiscal impact.                                                                                       
                                                                                                                                
CHAIR WILSON  found no objection  and CSSB 156(HSS)  was reported                                                               
from the Senate Health and Social Services Standing Committee.