04/11/2000 03:11 PM House HES

HB 300 - MEDICAL SUPPORT ORDERS FOR CHILDREN                                                                                  
                                                                                                                                
Number 1385                                                                                                                     
                                                                                                                                
CHAIRMAN DYSON announced the next  order of business as House Bill                                                              
No. 300, "An Act relating to the  establishment and enforcement of                                                              
medical  support  orders  for  children;   and  providing  for  an                                                              
effective date."   He asked Ms. Miklos  if she'd had time  to look                                                              
over the proposed committee substitute (CS).                                                                                    
                                                                                                                                
Number 1337                                                                                                                     
                                                                                                                                
BARBARA   MIKLOS,   Director,  Central   Office,   Child   Support                                                              
Enforcement Division (CSED), Department  of Revenue, testified via                                                              
teleconference  from Anchorage.   She said for  the most  part the                                                              
changes  are fine.   She  and Diane  Wendlandt had  a question  on                                                              
Section  7, page  7,  lines 9-13,  which is  confusing.   She  was                                                              
worried  that  it  would  do  the  opposite  of  what  is  wanted.                                                              
Specifically, her  concern is in  regard to the  words "government                                                              
assistance",  which  she  interpreted  to  mean that  if  it  were                                                              
covered  by government  assistance,  then the  CSED  would not  be                                                              
collecting  the support  from  the  parent.   She  asked what  the                                                              
purpose of that sentence is.                                                                                                    
                                                                                                                                
MS. MIKLOS  referred to  page 12, line  25, Indirect  Amendment of                                                              
Court Rule.   In their reading of  the court rule, the  two orders                                                              
are not locked  together like in statute now.   They don't believe                                                              
that the  statute, even  as written, would  amend the  court rule.                                                              
That is not  as big an issue  for them as the question  on Section                                                              
7.                                                                                                                              
                                                                                                                                
MS.  MIKLOS said  she has  mistakenly  spoken and  thus wanted  to                                                              
correct her  comments as  follows:  The  CSED wouldn't  collect on                                                              
behalf of Medical Assistance; rather,  Medical Assistance would do                                                              
the  collecting.   She reiterated  her concern  that the  language                                                              
"government  assistance" would  prohibit  Medical Assistance  from                                                              
collecting  this  money if  the  people  were already  covered  by                                                              
government assistance.                                                                                                          
                                                                                                                                
CHAIRMAN  DYSON  said  he  understood  her; it  would  negate  the                                                              
ability to get reimbursed.                                                                                                      
                                                                                                                                
MS.  MIKLOS agreed  that  is  what she  is  worried  about.   From                                                              
discussions with the committee, she  thought that was the opposite                                                              
of what some of  the members of the committee want,  and it is the                                                              
opposite  of what  the federal  government intends  when it  tells                                                              
CSED it must go after medical support orders.                                                                                   
                                                                                                                                
CHAIRMAN DYSON  said his  staff told him  that is quoted  directly                                                              
from the court rules.                                                                                                           
                                                                                                                                
MS. MIKLOS  said no, "government  assistance" is not in  the court                                                              
rules.  The court rule says, "reasonable  health care expenses not                                                              
covered  by insurance  unless a  court orders  otherwise for  good                                                              
cause" so there is a little difference in the language.                                                                         
                                                                                                                                
CHAIRMAN  DYSON asked Ms.  Miklos how  this bill  is doing  in the                                                              
Senate.                                                                                                                         
                                                                                                                                
MS.  MIKLOS replied  that it  is scheduled  [to be  heard in  the]                                                              
Senate Judiciary Committee tomorrow.   She also told the committee                                                              
the House  Bill will go to  the [House] Judiciary  Committee after                                                              
[it  is moved  out  of the  House]  Health, Education  and  Social                                                              
Services Committee.                                                                                                             
                                                                                                                                
CHAIRMAN  DYSON said  it  would be  his desire  to  let the  House                                                              
Judiciary  Committee  decide whether  it  is consistent  with  the                                                              
court rules or not.                                                                                                             
                                                                                                                                
Number 1060                                                                                                                     
                                                                                                                                
REPRESENTATIVE  GREEN   made  a  motion  to  adopt   the  proposed                                                              
committee  substitute   (CS)  for  HB  300,   version  1-GH2061\D,                                                              
Lauterbach, 4/11/00,  as a work draft.  There  being no objection,                                                              
Version D was before the committee.                                                                                             
                                                                                                                                
Number 1032                                                                                                                     
                                                                                                                                
REPRESENTATIVE WHITAKER  made a motion  to move CSHB  300, version                                                              
1-GH2061\D,  Lauterbach, 4/11/00,  from committee with  individual                                                              
recommendations and the attached fiscal note.                                                                                   
                                                                                                                                
Number 1020                                                                                                                     
                                                                                                                                
REPRESENTATIVE COGHILL objected because  he hadn't had a chance to                                                              
spend  the time  [reviewing  the  CS] that  he  would have  liked.                                                              
Furthermore,  he  is  still  concerned  about  private  insurance,                                                              
although  it looks like  that was  addressed in  the proposed  CS,                                                              
which seems quite  different.  Representative Coghill  removed his                                                              
objection.                                                                                                                      
                                                                                                                                
CHAIRMAN DYSON asked  whether there was further  objection.  There                                                              
being no  objection, CSHB  300(HES) moved  from the House  Health,                                                              
Education and Social Services Committee.