Legislature(2023 - 2024)BELTZ 105 (TSBldg)

03/13/2024 01:30 PM Senate LABOR & COMMERCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 234 EXTEND MARIJUANA CONTROL BOARD TELECONFERENCED
Moved SB 234 Out of Committee
-- Invited & Public Testimony --
*+ SB 146 GAMING; ELECTRONIC PULL-TABS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
-- Public Testimony <Time Limit May Be Set> --
*+ SB 219 PRIOR AUTH EXEMPT FOR HEALTH PROVIDERS TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
**Streamed live on AKL.tv**
         SB 219-PRIOR AUTH EXEMPT FOR HEALTH PROVIDERS                                                                      
                                                                                                                                
2:50:37 PM                                                                                                                    
CHAIR  BJORKMAN   reconvened  the   meeting  and   announced  the                                                               
consideration  of  SENATE  BILL  NO. 219,  "An  Act  relating  to                                                               
utilization  review  entities;   exempting  certain  health  care                                                               
providers  from  making  preauthorization  requests  for  certain                                                               
services; and providing for an effective date."                                                                                 
                                                                                                                                
2:51:03 PM                                                                                                                    
SENATOR DAVID WILSON, District N, Alaska State Legislature,                                                                     
Juneau, Alaska, sponsor of SB 219, paraphrased the sponsor                                                                      
statement for SB 219:                                                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                       Sponsor Statement                                                                                      
                        Senate Bill 219                                                                                       
        "An Act relating to utilization review entities;                                                                        
      exempting certain health care providers from making                                                                       
      preauthorization requests for certain services; and                                                                       
               providing for an effective date."                                                                                
                                                                                                                                
     SB 219 aims to reduce  the wait time for certain health                                                                    
     care  services  by   exempting  qualified  health  care                                                                    
     providers  from  making preauthorization  requests  for                                                                    
     said  services. Currently,  Alaskans  who need  certain                                                                    
     health care  services must  wait days  or weeks  to get                                                                    
     preauthorized to  receive health care  services because                                                                    
     of  the   processing  time  between  the   health  care                                                                    
     provider and insurance companies.  This bill would help                                                                    
     Alaskans  receive  health  care  services  immediately,                                                                    
     especially health  care services that could  save their                                                                    
     lives.                                                                                                                     
                                                                                                                                
     Health  care  providers  shall   qualify  for  a  prior                                                                    
     authorization  exemption  if  at least  80  percent  of                                                                    
     prior authorization requests submitted  in the past 12-                                                                    
     month  period  were  approved   for  that  health  care                                                                    
     service.  Utilization  review   entities  will  provide                                                                    
     exempted health  care providers with  a list  of health                                                                    
     care services  for which the exemption  applies and the                                                                    
     duration  of   the  exemption.  This   helps  eliminate                                                                    
     unnecessary  delays  in   care  by  granting  providers                                                                    
     exemptions who  have demonstrated  consistent adherence                                                                    
     to   approval  guidelines   from  prior   authorization                                                                    
     requirements.                                                                                                              
                                                                                                                                
     Other states  with prior authorization  exemptions have                                                                    
     seen increased  frequency of  patients who  receive the                                                                    
     health  care  services  they need  and  help  eliminate                                                                    
     unnecessary  delays  in  care.   This  bill  will  help                                                                    
     Alaskans   receive   fast,   efficient,   and   quality                                                                    
     healthcare  when they  need it  without  waiting for  a                                                                    
     preauthorization process that  could cause their health                                                                    
     to decline even more.                                                                                                      
                                                                                                                                
     Please contact Julia  Fonov in my office  at (907) 465-                                                                    
     4711 or [email protected] for any questions.                                                                           
                                                                                                                                
SENATOR WILSON explained that the onus  is on the patient to seek                                                               
out  preauthorization, although  many  healthcare providers  take                                                               
this on  in order to  help the  patients move forward  with their                                                               
care. He stated  that patients in his district  have suffered for                                                               
months  trying to  get authorization  for services.  The lack  of                                                               
integrated  care in  Alaska makes  it difficult  for people  with                                                               
complex health  issues to get the  help that they need.  He noted                                                               
that other  states have passed  similar programs, while  some are                                                               
considering  similar  changes. He  noted  that  he would  not  be                                                               
reviewing the sectional analysis in the interest of time.                                                                       
                                                                                                                                
2:54:43 PM                                                                                                                    
PAM   VENTGEN,   Executive   Director,   Alaska   State   Medical                                                               
Association  (ASMA),  Anchorage,  Alaska, explained  that  prior-                                                               
authorization  is  a  cost-control process  requiring  healthcare                                                               
professionals to  obtain advance  approval from  health insurance                                                               
plans  before  a  prescription   medication  or  medical  service                                                               
qualifies for  payment and  delivery. She  stated that  these are                                                               
time-consuming  barriers  to   effective  delivery  of  necessary                                                               
treatment  and  are  especially   burdensome  for  providers  who                                                               
routinely    get    these    authorizations    approved.    Prior                                                               
authorizations  are  approved  over   80  percent  of  the  time;                                                               
however, they delay necessary care 94  percent of the time. Up to                                                               
80 percent of patients abandon  recommended care at least some of                                                               
the   time.  33   percent  of   physicians   report  that   prior                                                               
authorization has led to serious  adverse events for the patients                                                               
in  their  care.  89  percent of  physicians  report  that  prior                                                               
authorization has a  negative impact on patient  care. 62 percent                                                               
of  physicians  report  that  prior   authorization  has  led  to                                                               
additional office and emergency department visits.                                                                              
                                                                                                                                
                                                                                                                                
2:56:15 PM                                                                                                                    
MS. VENTGEN  went on  to explain  that insurance  companies claim                                                               
that  their  panel  of  reviewers  is  well  qualified;  however,                                                               
physicians  report  having  to  get  prior  approval  from  nurse                                                               
practitioners,  physician assistants,  and  retired physicians  -                                                               
not physicians who are well-versed  in current standards of care.                                                               
She stated that  she has heard from oncologists that  it can take                                                               
multiple phone  calls to  get a physician  reviewer -  a peer-to-                                                               
peer reviewer -  who must then be educated on  the type and stage                                                               
of  cancer  and  current  best  practices  for  treatment  before                                                               
finally  getting approval.  She  shared a  story  of an  oncology                                                               
patient who  sought treatment  from a specialist  who was  out of                                                               
network and  was faced with  paying $40,000 out of  pocket before                                                               
they  could  see  this  physician.  She said  that  SB  219  will                                                               
decrease the  burden on providers,  increase the quality  of care                                                               
to  patients,  and  decrease  costs  of  unnecessary  office  and                                                               
emergency department visits prior to authorization.                                                                             
                                                                                                                                
2:57:50 PM                                                                                                                    
CHAIR BJORKMAN asked if she would  be surprised to hear that some                                                               
providers in his community often receive  a denial in a matter of                                                               
minutes when they submit prior authorization claims.                                                                            
                                                                                                                                
2:58:05 PM                                                                                                                    
MS.  VENTGEN  replied  that insurance  companies  will  routinely                                                               
initially  deny   these  requests.  This  initiates   the  appeal                                                               
process, involving  multiple phone calls, long  phone wait times,                                                               
and  some offices  hire additional  staff to  handle these  prior                                                               
authorizations. She  noted that it  takes many hours per  week to                                                               
deal with these authorizations.                                                                                                 
                                                                                                                                
2:58:35 PM                                                                                                                    
CHAIR  BJORKMAN asked  if,  in her  professional  opinion, it  is                                                               
possible  for   an  experienced  professional  medical   team  to                                                               
evaluate most prior authorizations in a matter of minutes.                                                                      
                                                                                                                                
2:58:46 PM                                                                                                                    
MS.  VENTGEN  replied  yes,  if  they  were  experienced  in  the                                                               
particular specialty area.                                                                                                      
                                                                                                                                
2:59:20 PM                                                                                                                    
CHAIR BJORKMAN  stated that he  has heard from providers  who hit                                                               
send on a prior authorization  request and receive denials within                                                               
five minutes.  He commented that  many of these  providers report                                                               
that  insurance companies  are utilizing  artificial intelligence                                                               
to deny these claims. He added that this would be explored more.                                                                
                                                                                                                                
2:59:54 PM                                                                                                                    
MS.  VENTGEN  said that  she  does  not  know  but would  not  be                                                               
surprised. She  noted that  if a prior  approval is  denied, some                                                               
will go  on to appeals  and some  will not. If  they do go  on to                                                               
appeals, they are  delayed for a prolonged period.  She said that                                                               
a significant  number of these requests  are ultimately approved,                                                               
and this  is what SB  219 is intended  to address. She  added the                                                               
physicians  who  receive approval  are  then  exempted from  this                                                               
process for a period of time.                                                                                                   
                                                                                                                                
3:01:00 PM                                                                                                                    
JEANNIE  MONK,   Senior  Vice  President,  Alaska   Hospital  and                                                               
Healthcare Association,  Juneau, Alaska, testified in  support of                                                               
SB  219 and  said that  Alaska Hospital  and Healthcare  (AHA) is                                                               
committed  to  the  well-being  of  patients  and  the  efficient                                                               
operation of hospitals. She stated that  AHA believes SB 219 is a                                                               
significant step  forward in ensuring timely  access to essential                                                               
medical   care    while   reducing    burdensome   administrative                                                               
requirements. She  explained that  this directly  impacts patient                                                               
health and  wellbeing. The authorization process  adds additional                                                               
stress  for   patients  in  need   of  medical  care   by  adding                                                               
unnecessary  delays and  obstacles  to treatment.  She said  that                                                               
this can  apply to diagnostic testing,  medications, and surgery.                                                               
This can present an even  greater challenge for patients in rural                                                               
areas.  She pointed  out that  making arrangements  for time  off                                                               
work, childcare,  and transportation  to receive medical  care is                                                               
already  challenging  -  and  the   uncertainty  of  whether  the                                                               
insurance  company will  approve the  procedure (and  when) makes                                                               
planning  more difficult  (especially when  travel is  involved).                                                               
She said  that patients  may have  to call  repeatedly -  and may                                                               
make travel  arrangements or leave  their community only  to find                                                               
out that  the initial  request has been  denied and  the provider                                                               
must appeal.                                                                                                                    
                                                                                                                                
MS.  MONK explained  that this  process was  intended to  prevent                                                               
unnecessary  procedures; however,  prior  authorization has  also                                                               
become a tool  to delay and deny necessary  medical treatment and                                                               
avoid paying  for services altogether.  She reiterated  that this                                                               
is a time consuming process  for hospitals and medical practices,                                                               
who must have staff who  navigate these administrative hurdles in                                                               
order to receive  approval before they can  deliver the necessary                                                               
care. She added that SB 219  recognizes the validity of the prior                                                               
authorization process  while limiting unnecessary  obstacles. She                                                               
explained  that   providers  with   a  proven  track   record  of                                                               
responsible  practice  can be  exempt  from  the requirement  for                                                               
specific  services.  This  would  streamline  the  care  delivery                                                               
process and allow  providers to focus on  providing patients with                                                               
timely treatment. She  opined that SB 219 strikes  a good balance                                                               
between  insuring responsible  healthcare practices  and reducing                                                               
administrative burden.                                                                                                          
                                                                                                                                
3:04:52 PM                                                                                                                    
SENATOR  DUNBAR  asked if  there  are  any Employment  Retirement                                                               
Insurance  Security Act  (ERISA)  impacts. He  noted a  potential                                                               
"no" response from the director  of the Division of Insurance and                                                               
requested this  information in writing  for the next  hearing. He                                                               
pointed out  that SB 219  applies to healthcare providers  with a                                                               
proven track record  and asked if there is any  concern that this                                                               
may  prevent new  healthcare providers  from  entering the  field                                                               
because they will be at a competitive disadvantage.                                                                             
                                                                                                                                
3:06:04 PM                                                                                                                    
SENATOR WILSON said  that he would work with the  director of the                                                               
Division  of   Insurance  to  provide  information   about  ERISA                                                               
impacts. With respect  to new healthcare providers,  he said that                                                               
SB 219  would not impact new  players coming into the  market. He                                                               
explained  that existing  players would  need to  renew every  12                                                               
months.  In their  first  year, new  providers  would be  working                                                               
toward  their  initial  authorization   status  but  after  that,                                                               
everyone would be on an equal playing field.                                                                                    
                                                                                                                                
3:06:34 PM                                                                                                                    
CHAIR BJORKMAN held SB 219 in committee.                                                                                        

Document Name Date/Time Subjects
SB146 ver A.PDF SL&C 3/13/2024 1:30:00 PM
SB 146
SB146 Transmittal Letter 05.09.23.pdf SL&C 3/13/2024 1:30:00 PM
SB 146
SB146 Sectional Analysis.pdf SL&C 3/13/2024 1:30:00 PM
SB 146
SB146 Fiscal Note-DOR-TAX-05-09-23.pdf SL&C 3/13/2024 1:30:00 PM
SB 146
SB219 v. A.pdf SL&C 3/13/2024 1:30:00 PM
SL&C 4/8/2024 1:30:00 PM
SB 219
SB219 Sponsor Statement.pdf SL&C 3/13/2024 1:30:00 PM
SL&C 4/8/2024 1:30:00 PM
SB 219
SB219 Sectional Analysis v. A.pdf SL&C 3/13/2024 1:30:00 PM
SL&C 4/8/2024 1:30:00 PM
SB 219
SB219 Fiscal Note-DCCED-DOI-03.08.24.pdf SL&C 3/13/2024 1:30:00 PM
SL&C 4/8/2024 1:30:00 PM
SB 219
SB219 Supporting Documents-Prior Authorization Issue Brief.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB219 Supporting Documents-RRC Survey Data.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB219 Supporting Documents-AMA Survey Data.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB219 Supporting Documents-State Law Chart.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB219 Public Testimony-Letter of Opposition-Premera 02.12.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB219 Public Testimony-Letter of Opposition-AHIP 03.08.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB219 Public Testimony-Letter of Opposition-AETNA 02.15.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB219 Public Testimony-Letter of Support-AHHA 02.07.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB219 Public Testimony-Letter of Support-ANTHC 02.28.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB219 Public Testimony-Letter of Support-MSRMC 02.21.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB219 Public Testimony-Letter of Support-Providence 02.27.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB146 Presentation to SLAC 03.13.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 146
SB219 Public Testimony-Community Oncology Alliance 03.13.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 219
SB146 Combined Public Testimony as of 03.11.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 146
SB146 Presentation by Mary Magnuson to SLAC 03.13.24.pdf SL&C 3/13/2024 1:30:00 PM
SB 146