Legislature(2011 - 2012)BARNES 124

02/16/2012 08:00 AM House COMMUNITY & REGIONAL AFFAIRS


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08:05:41 AM Start
08:05:59 AM HB264
08:25:01 AM Presentation: Yk Village Cluster Consolidated Services Model Plan
08:59:41 AM HB219
09:38:33 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 264 MUNI PROPERTY TAX EXEMPTION: SUBDIVISIONS TELECONFERENCED
Moved CSHB 264(CRA) Out of Committee
*+ HB 219 FIRE AND EMERGENCY MEDICAL SERVICES TELECONFERENCED
Heard & Held
+ Calista Overview: Marshall Port, Chikuminuk, TELECONFERENCED
Platinum Airport & Tri-Villages Project
+ Bills Previously Heard/Scheduled TELECONFERENCED
           HB 219-FIRE AND EMERGENCY MEDICAL SERVICES                                                                       
                                                                                                                                
8:59:41 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ announced  that the final order of  business would be                                                               
HOUSE BILL NO.  219, "An Act exempting  certain emergency medical                                                               
and fire department services from regulation as insurance."                                                                     
                                                                                                                                
8:59:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ERIC FEIGE, Alaska  State Legislature, speaking as                                                               
the sponsor  of HB  219, paraphrased  from the  following written                                                               
sponsor statement:                                                                                                              
                                                                                                                                
     HB  219   allows  local  fire  and   emergency  medical                                                                    
     agencies  to solicit  funding as  a form  of prepayment                                                                    
     for services. This type of  program has been successful                                                                    
     in   allowing  such   organizations  to   raise  needed                                                                    
     operating funds while limiting  financial risk to those                                                                    
     that may need the agency's services.                                                                                       
                                                                                                                                
     In a typical  scenario, an individual or  family pays a                                                                    
     set fee  to the local  emergency medical service  on an                                                                    
         annual basis. The agency then will respond and                                                                         
       transport the individual or family member without                                                                        
     additional charge to the individual.                                                                                       
                                                                                                                                
     Under  current  statute,  it  is  the  opinion  of  the                                                                    
     Division  of Insurance  that this  type of  activity is                                                                    
     deemed insurance and is regulated  by that division. HB
     219  will clarify  that  this type  of  program is  not                                                                    
     insurance and is not regulated by the division.                                                                            
                                                                                                                                
9:02:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER  requested   the  sponsor   explain  the                                                               
reference in  the sponsor statement  to "limiting  financial risk                                                               
to those that may need the agency's services."                                                                                  
                                                                                                                                
9:02:26 AM                                                                                                                    
                                                                                                                                
MICHAEL PASCHALL, Staff, Representative  Eric Feige, Alaska State                                                               
Legislature, began  by clarifying that medical  and fire services                                                               
are interchangeable  in the scenarios  presented.   Basically, an                                                               
individual who pays a fee  upfront for fire and emergency medical                                                               
services and who  requests those services may see a  bill for the                                                               
services, but won't have to pay it.   To be clear, he pointed out                                                               
that the  individual's insurance company  may be billed,  but the                                                               
individual  wouldn't   be  held   responsible  for  any   of  the                                                               
additional charges beyond the fee.                                                                                              
                                                                                                                                
REPRESENTATIVE FEIGE highlighted that it  takes funds in order to                                                               
have  a fire  department, staff,  and equipment  ready and  warm.                                                               
Therefore, there has  to be a mechanism to raise  the funds ahead                                                               
of time  to pay  its bills,  training costs,  and insurance.   He                                                               
related  that even  with an  upfront  fee, the  service is  still                                                               
dependent upon volunteer  staff.  The benefit of  the upfront fee                                                               
for the community  is that the insurance rates  for the community                                                               
can be lowered  if the fire department can reach  a certain level                                                               
of  proficiency, equipment,  and staff.   Therefore,  there is  a                                                               
financial benefit to  the community to have a  fire department as                                                               
well as an  emotional benefit in terms of potential  fires in the                                                               
community.                                                                                                                      
                                                                                                                                
9:06:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  acknowledged that the current  sources of                                                               
funding  for   fire  and  emergency   medical  services   may  be                                                               
inadequate to  meet the needs  or maintain the level  of response                                                               
capability desired.   She then inquired as to  the proportions of                                                               
the funding  for fire and  emergency medical agencies,  which she                                                               
assumed  included  some  state   funds,  federal  funds,  grants,                                                               
donations, and insurance payments.                                                                                              
                                                                                                                                
MR. PASCHALL answered that it  varies per department.  Therefore,                                                               
there  are departments  that are  funded through  tax levies  and                                                               
departments that are funded totally  from voluntary funds [and in                                                               
between].   In  the case  of the  fire department  with which  he                                                               
works, over  the last year  about 20  percent of its  funding was                                                               
generated from  donations, about  40 percent  of its  funding was                                                               
from the community  corporation, and the remaining  40 percent of                                                               
its funding  was from the  department's contract with  the Alaska                                                               
Division of  Forestry to provide  additional assistance  for wild                                                               
land fire protection.  The  contract funds are the single largest                                                               
source of revenue because they can  earn enough money in one year                                                               
that it can be spread out over years when it doesn't earn money.                                                                
                                                                                                                                
9:08:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER   surmised   that  although   the   fire                                                               
department  has  made a  contract  with  the Alaska  Division  of                                                               
Forestry and has  an obligation to respond,  the department still                                                               
has  to  rely on  volunteers.    She  asked  if that  places  the                                                               
department in a difficult position.                                                                                             
                                                                                                                                
MR.  PASCHALL  noted  that his  fire  department  has  additional                                                               
equipment  available specifically  for the  contract services  in                                                               
order  to  avoid  depleting  the  response  capabilities  to  the                                                               
community  as a  whole.   Furthermore,  volunteers  are hired  to                                                               
standby for the Alaska Division  of Forestry contract.  Since any                                                               
fire during  high fire season is  a risk to wild  land fires, the                                                               
division allows  the fire  department to  respond to  a structure                                                               
fire because  they respond as well.   The only time  the contract                                                               
services  would  take  away  from the  local  resources  is  when                                                               
equipment is moved to the location of a fire.                                                                                   
                                                                                                                                
REPRESENTATIVE FEIGE clarified that  the contract with the Alaska                                                               
Division  of Forestry  isn't very  specific as  it's basically  a                                                               
contingency  situation in  which the  division agrees  to pay  so                                                               
many dollars  per hour  per day  when it  uses the  department to                                                               
fight  a state  fire.   He  emphasized that  it's not  guaranteed                                                               
ahead of time, and thus that element of funding isn't steady.                                                                   
                                                                                                                                
9:10:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   AUSTERMAN  inquired   as  to   how  many   local                                                               
organizations currently have a fee  for service arrangement [such                                                               
that it's a fundraising method].                                                                                                
                                                                                                                                
MR. PASCHALL  related that he  knew of two fire  departments that                                                               
operate  under the  subscription  arrangement  and one  ambulance                                                               
service that's part  of a fire department that waives  the fee if                                                               
they  provide  services.   The  City  of  Delta Junction  had  an                                                               
ordinance  to do  this, but  discontinued it  because the  city's                                                               
attorney  and the  Division of  Insurance told  them it  would be                                                               
regulated as insurance.                                                                                                         
                                                                                                                                
REPRESENTATIVE AUSTERMAN  related the assumption  that additional                                                               
cost  would be  the only  reason to  not offer  [the subscription                                                               
arrangement].                                                                                                                   
                                                                                                                                
MR. PASCHALL agreed.                                                                                                            
                                                                                                                                
REPRESENTATIVE   FEIGE  interjected   that  essentially   it's  a                                                               
hindrance for  communities that aren't  a municipality  and don't                                                               
have the ability to raise funds through taxation on their own.                                                                  
                                                                                                                                
REPRESENTATIVE  AUSTERMAN  said   he  understands  the  principle                                                               
behind the [subscription arrangement].                                                                                          
                                                                                                                                
9:13:45 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ directed  attention to the committee  packet in which                                                               
documents relate that there may  be only 20 percent participation                                                               
in the  subscription fee  arrangement.  She  inquired as  to what                                                               
happens to  those who don't subscribe  when they have a  fire and                                                               
there  is a  reluctance  to respond.   She  also  inquired as  to                                                               
whether the funds  from 20 percent of the  population would cover                                                               
the true costs of the service being provided.                                                                                   
                                                                                                                                
REPRESENTATIVE FEIGE  reminded the committee that  HB 219 doesn't                                                               
mandate anything; rather  it just allows such  a subscription fee                                                               
to be charged.  Each community  will be different in terms of the                                                               
basic limitations  on cost.   He informed  the committee  that it                                                               
costs about  $6,000 per  year to run  his local  fire department,                                                               
which he  characterized "as very bare  bones."  He noted  that in                                                               
the past  his fire  department has  received capital  grants from                                                               
the legislature in  the amount of about $250,000  and those funds                                                               
have been used to purchase equipment.   He further noted that his                                                               
fire department  is heated mainly  with waste oil  heaters, which                                                               
doesn't  cost  anything.    He  stated  that  the  cost  will  be                                                               
dependent upon  how much  each community will  be willing  to pay                                                               
and how many in the community  pay.  Generally, about 35 folks in                                                               
his community sign up [and  pay] for service, which when combined                                                               
with  other funding  sources covers  his fire  department's basic                                                               
cost of providing the service.                                                                                                  
                                                                                                                                
9:16:28 AM                                                                                                                    
                                                                                                                                
CHAIR  MUNOZ  then   asked  whether  those  who   don't  pay  the                                                               
subscription fee receive service.                                                                                               
                                                                                                                                
REPRESENTATIVE  FEIGE acknowledged  that there  is the  desire to                                                               
take care  of as many people  as possible.  However,  the reality                                                               
is that  money is necessary  to pay  the insurance and  the money                                                               
has to  come from  somewhere.   In his  community, the  policy is                                                               
that the  fire department will  respond to every wild  land fire,                                                               
but will only respond to structure  fires of subscribers.  From a                                                               
legal  perspective  when  the  fire   department  responds  to  a                                                               
structure  fire  of a  nonsubscriber  and  doesn't respond  to  a                                                               
subsequent  nonsubscriber,  the  fire  department is  open  to  a                                                               
lawsuit.  Therefore,  the fire department has to  commit to those                                                               
who subscribe to the service and no one else.                                                                                   
                                                                                                                                
9:18:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  related her  understanding that  doing due                                                               
diligence in terms of safety would hold water in court.                                                                         
                                                                                                                                
9:20:04 AM                                                                                                                    
                                                                                                                                
LINDA  HALL,  Director,  Division  of  Insurance,  Department  of                                                               
Commerce,  Community  &  Economic  Development,  noted  that  the                                                               
committee packet  should include  a letter  from the  Division of                                                               
Insurance  that  relates  the   division's  belief,  after  legal                                                               
research, that  these subscription programs would  fall under the                                                               
definition of  insurance, as statute  is currently written.   She                                                               
clarified  that  she's really  speaking  to  the fire  department                                                               
portion of  the legislation, and  opined that this is  strictly a                                                               
policy call of the legislature.   She noted that other things are                                                               
exempted  from  the broad  definition  of  insurance.   To  offer                                                               
insurance  [a fire  department]  can either  become an  insurance                                                               
company, which is an expensive  and impractical route, or find an                                                               
insurance  company that's  willing to  provide a  backstop.   The                                                               
latter has  been utilized in  the state with  medical transports.                                                               
She explained that the membership  group still has to be licensed                                                               
to  sell the  product,  which is  a  fairly inexpensive  process.                                                               
Although the  aforementioned isn't  difficult, there may  be some                                                               
difficulty  finding  the  backstop.   As  HB  219  proposes,  the                                                               
subscription  program can  be exempted  from the  title requiring                                                               
insurance.    She  then expressed  concern  with  subsection  (f)                                                               
located  on page  1, line  6 regarding  "ambulance and  emergency                                                               
services".  The division's title,  AS 21.87.010, already provides                                                               
almost the  identical language  and considers  the transportation                                                               
for medical services to be part  of health insurance, and thus is                                                               
covered in the  definition of health insurance.   She pointed out                                                               
that AS 21.87.010(5)  says:  "(5) ambulance  or emergency medical                                                               
services provided  by a  municipality, nonprofit  medical service                                                               
corporation,  or nonprofit  association if  the person  providing                                                               
the services is certified under  AS 18.08.082."  The reference to                                                               
AS 18.08.082 is part of  the health and social services' statutes                                                               
that  require  the  individual providing  the  emergency  medical                                                               
services   to  obtain   a  certificate   that  is   granted  upon                                                               
[completion]  of training.   The  language in  subsection (f)  of                                                               
Section  1  of HB  219  is  very  open  and doesn't  require  any                                                               
certification,  and  therefore  would   allow  any  nonprofit  or                                                               
municipality  to start  an ambulance  service.   The  regulations                                                               
under  health and  social  services already  cover  this type  of                                                               
circumstance.  Ms. Hall informed  the committee that she has been                                                               
involved in  the medical  transport area  in the  fire department                                                               
service charges.   There  is one membership  program that  has an                                                               
insurance backdrop and another that  would qualify as a nonprofit                                                               
and  have   been  exempted  under  the   aforementioned  statute.                                                               
Therefore, she opined that the  ability to provide these services                                                               
as a membership program is  available for the nonprofits and thus                                                               
she expressed  her preference to  not enact subsection (f)  of HB
219 because  it seems to be  covered in the division's  title and                                                               
has  worked.   The actual  exclusion of  air ambulance  services,                                                               
which HB  219 proposes, was  proposed about  five years ago.   At                                                               
the time she  said she supported the legislation  while the House                                                               
Health and  Social Services Standing Committee  didn't want those                                                               
services exempted  from the  Division of  Insurance's title.   In                                                               
closing, Ms.  Hall urged  the committee to  consider that  HB 219                                                               
would allow services that don't meet any criteria.                                                                              
                                                                                                                                
9:27:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  AUSTERMAN asked  if  HB 219  is  broad enough  to                                                               
include the air ambulance service for which [one can subscribe].                                                                
                                                                                                                                
MR. HALL  answered that the  legislation is broad enough  that it                                                               
would take away  any of the Division of  Insurance's oversight of                                                               
that type of an entity.                                                                                                         
                                                                                                                                
REPRESENTATIVE AUSTERMAN said that is of concern.                                                                               
                                                                                                                                
9:28:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA asked whether  the sponsor would be willing                                                               
to specify a size of community in the legislation.                                                                              
                                                                                                                                
9:30:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  surmised then  that the  division doesn't                                                               
have much  concern with the  subscription service, but  does have                                                               
concern about the ambulance carrier portion of the legislation.                                                                 
                                                                                                                                
MS. HALL replied yes.                                                                                                           
                                                                                                                                
9:31:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER asked  whether the  sponsor would  oppose                                                               
language  that   would  allow  a   fire  department   to  require                                                               
subscription service  for communities  where property  owners are                                                               
already  paying   property  taxes   to  help  support   the  fire                                                               
department.       She  indicated  the  need  to   make  sure  the                                                               
aforementioned isn't possible.                                                                                                  
                                                                                                                                
9:32:10 AM                                                                                                                    
                                                                                                                                
SEBASTIAN  SAARLOOS,   Member,  City   Council,  City   of  Delta                                                               
Junction, related support for HB 219.   He also related that when                                                               
the City  of Delta Junction  had a subscription service  the City                                                               
of  Delta   Junction  fire  department  and   the  rural  Deltana                                                               
volunteer fire department  would respond to all  calls, no matter                                                               
whether it  was the  property of  a subscriber  or nonsubscriber.                                                               
Since  the Division  of Insurance  deemed  the subscription  plan                                                               
would be regulated  as insurance, it was ended  and the donations                                                               
from the community have decreased significantly.                                                                                
                                                                                                                                
9:33:37 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ reviewed  the points raised today for  the sponsor to                                                               
consider.                                                                                                                       
                                                                                                                                
9:34:20 AM                                                                                                                    
                                                                                                                                
MR.  PASCHALL returned  to the  Division  of Insurance's  concern                                                               
regarding certification  of ambulance services.   He related that                                                               
after pointing  out that  statute does  not require  an ambulance                                                               
service to be certified in  the state, Legislative Legal Services                                                               
agreed  that there  is only  a provision  for being  certified in                                                               
order to collect  insurance.  He also noted that  in Alaska there                                                               
is no requirement  to have an emergency  medical technician (EMT)                                                               
in the ambulance.                                                                                                               
                                                                                                                                
9:35:29 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  surmised then  that an  ambulance service                                                               
without certification  can't obtain  insurance for  the transport                                                               
from that service.                                                                                                              
                                                                                                                                
MR. PASCHALL replied yes.                                                                                                       
                                                                                                                                
9:36:09 AM                                                                                                                    
                                                                                                                                
MR.  PASCHALL  then returned  to  the  type of  organization  and                                                               
informed  the  committee  that the  air  service  businesses  are                                                               
typically for profit.   The sponsor doesn't intend for  HB 219 to                                                               
apply  to for-profit  businesses  and doesn't  believe that  it's                                                               
written  to apply  to a  for-profit business.   The  goal was  to                                                               
primarily   target  smaller   communities.      In  response   to                                                               
Representative  Cissna's  comment  regarding   the  size  of  the                                                               
community, such  a provision could  be inserted.  With  regard to                                                               
Representative  Gardner's concerns  about  fire departments  that                                                               
obtain funding  from property taxes also  charging a subscription                                                               
fee, Mr. Paschall related that  currently almost all EMS services                                                               
charge, even if  they receive tax funding.   Fire departments are                                                               
also going  to that model,  particularly when there  are multiple                                                               
calls [to the  same location] for fire alarms.   He recalled that                                                               
the City of Fairbanks charges  for [fire and EMS services] called                                                               
to a motor vehicle accident.                                                                                                    
                                                                                                                                
9:37:54 AM                                                                                                                    
                                                                                                                                
CHAIR MUNOZ  announced that the  committee will continue  to work                                                               
on HB 219, and thus HB 219 was held over.                                                                                       

Document Name Date/Time Subjects
HB 219 Sponsor Statement.pdf HCRA 2/16/2012 8:00:00 AM
HB 219
HB219 Div of Insurance.pdf HCRA 2/16/2012 8:00:00 AM
HB 219
HB219 Tri Valley Support News miner.pdf HCRA 2/16/2012 8:00:00 AM
HB 219
HB219-DCCED-INS-02-10-12.pdf HCRA 2/16/2012 8:00:00 AM
HB 219