03/22/2010 09:00 AM Senate FINANCE

SENATE BILL NO. 219                                                                                                           
                                                                                                                                
     "An Act establishing a traumatic brain injury program                                                                      
     and registry within the Department of Health and                                                                           
     Social Services; and relating to medical assistance                                                                        
     coverage for traumatic brain injury services."                                                                             
                                                                                                                                
9:16:27 AM                                                                                                                    
                                                                                                                                
Co-Chair Stedman  said that this  was the second  hearing on                                                                    
the bill.                                                                                                                       
                                                                                                                                
Co-Chair Hoffman MOVED  to ADOPT the CS for  SB 219, labeled                                                                    
26-LS1312\S, Mischel, 3/2/10.                                                                                                   
                                                                                                                                
Co-Chair Stedman  OBJECTED. He noted that,  at the direction                                                                    
of the  sponsor, the definition  of case  management service                                                                    
on page 2,  line 3 has been amended. There  is a document in                                                                    
members' packets that summarizes that change.                                                                                   
                                                                                                                                
ESTHER  CHA, STAFF,  SENATOR  LESIL  MCGUIRE, explained  the                                                                    
changes in  the bill. On  Section 3, page 2,  the definition                                                                    
of case management services for  traumatic or acquired brain                                                                    
injury  was amended  to "services  furnished to  individuals                                                                    
who reside in  a community setting or  who are transitioning                                                                    
to a  community setting, to  gain access to  needed medical,                                                                    
social, educational, and other available services."                                                                             
                                                                                                                                
Ms. Cha related that the  subsections from AS 47.07.030 (A),                                                                    
(B), (C), and  (D) were deleted from Version E  of the bill.                                                                    
The change  is shown  on page  2, line  25, through  page 3,                                                                    
line  5.  This  change  was  based  on  testimony  from  the                                                                    
Department  of  Health  and Social  Services.  The  original                                                                    
definition  was slightly  amended in  the Health  and Social                                                                    
Services  Committee   hearing;  however,   the  department's                                                                    
attorney  general   stated  that  the  definition   of  case                                                                    
management   would   still   conflict   with   the   federal                                                                    
definition.  The department  was  uncertain  whether or  not                                                                    
Medicaid   and   Medicare   Services  would   be   affected,                                                                    
jeopardizing the ability to get  matching federal funds. The                                                                    
definition  change is  verbatim  from  federal statutes  and                                                                    
should  not  complicate  the  process  when  the  department                                                                    
submits an amendment to the state's Medicaid plan.                                                                              
                                                                                                                                
Co-Chair Stedman  WITHDREW his objection to  the adoption of                                                                    
the CS. There being NO OBJECTION, it was so ordered.                                                                            
                                                                                                                                
AT-EASE        9:19:18 AM                                                                                                     
RECONVENED     9:22:05 AM                                                                                                     
                                                                                                                                
Senator Huggins MOVED to adopt Amendment 1:                                                                                     
                                                                                                                                
     Page 4, lines 6-7                                                                                                          
     Delete "and laws pertaining to the prevention of                                                                           
     traumatic or acquired brain injury and"                                                                                    
     Insert "pertaining"                                                                                                        
                                                                                                                                
Co-Chair Stedman OBJECTED.                                                                                                      
                                                                                                                                
Senator Huggins proposed an Amendment to Amendment 1:                                                                           
                                                                                                                                
     Change "page 4" to "page 3"                                                                                                
     Change "lines 6-7" to "lines 27-28"                                                                                        
                                                                                                                                
Co-Chair Stedman OBJECTED for discussion purposes.                                                                              
                                                                                                                                
Senator  Huggins  explained  the changes.  Co-Chair  Stedman                                                                    
noted that Amendment 1 was written  to Version E of the bill                                                                    
and the committee has adopted Version S.                                                                                        
                                                                                                                                
Co-Chair Stedman WITHDREW his  OBJECTION to the amendment to                                                                    
Amendment  1.   There  being   NO  further   OBJECTION,  the                                                                    
amendment to Amendment 1 was adopted.                                                                                           
                                                                                                                                
Senator  Huggins   explained  Amendment   1.  He   said  the                                                                    
amendment  addresses previous  testimony regarding  helmets.                                                                    
The amendment removes the mandated helmet provision.                                                                            
                                                                                                                                
9:23:49 AM                                                                                                                    
                                                                                                                                
Senator  Olson asked  if the  bill allows  the wearing  of a                                                                    
helmet  at the  discretion  of the  rider. Co-Chair  Stedman                                                                    
concurred.                                                                                                                      
                                                                                                                                
AT-EASE        9:24:32 AM                                                                                                     
RECONVENED     9:25:30 AM                                                                                                     
                                                                                                                                
Senator Olson  spoke of  a concern  regarding a  helmet law,                                                                    
which  unfairly penalizes  people in  his district  who ride                                                                    
snowmobiles. He wished  to study the bill  further to ensure                                                                    
that it did not adversely affect his district.                                                                                  
                                                                                                                                
Co-Chair  Stedman WITHDREW  his  objection  to Amendment  1.                                                                    
There being NO further OBJECTION, Amendment 1 was adopted.                                                                      
                                                                                                                                
SB  219  was  heard  and   HELD  in  Committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
9:27:18 AM