Legislature(2005 - 2006)CAPITOL 106

02/22/2005 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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03:08:14 PM Start
03:08:49 PM HJR10
03:30:14 PM University of Alaska Board of Regents
04:04:01 PM Professional Teaching Practices Commission
04:12:30 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearings: University of AK TELECONFERENCED
Board of Regents
+ Professional Teaching Practices Comm. TELECONFERENCED
*+ HJR 10 FEDERAL MEDICAL ASSISTANCE REDUCTION TELECONFERENCED
Moved Out of Committee
Bills Previously Heard/Scheduled
HJR 10-FEDERAL MEDICAL ASSISTANCE REDUCTION                                                                                   
                                                                                                                                
[Contains a brief mention of SJR 6.]                                                                                            
                                                                                                                                
CHAIR WILSON announced that the  first order of business would be                                                               
HOUSE JOINT RESOLUTION NO. 10,  "Relating to a proposed reduction                                                               
in the  Federal Medical Assistance  Percentage for  Alaskans; and                                                               
urging the United  States Congress to take action  to prevent the                                                               
reduction."                                                                                                                     
                                                                                                                                
3:09:17 PM                                                                                                                    
                                                                                                                                
SUE WRIGHT,  Staff to Representative Mike  Chenault, Alaska State                                                               
Legislature,  presented  HJR  10   on  behalf  of  Representative                                                               
Chenault,  sponsor.    She  explained  that  the  proposed  joint                                                               
resolution was crafted  to urge the U.S. Congress  to take action                                                               
to  prevent  the  reduction of  the  Federal  Medical  Assistance                                                               
Percentage   (FMAP)   for   Alaskans   from   a   57.58   percent                                                               
federal/42.42 percent state match to  an even 50:50 even split on                                                               
October  1,  2005.    She said,  "This  resolution  outlines  the                                                               
environmental  and  demographic  reasons  health  care  costs  in                                                               
Alaska are  so high  and substantiates that  it is  reasonable to                                                               
maintain a  rate at 57.58  percent instead  of a reduction  to 50                                                               
percent."                                                                                                                       
                                                                                                                                
3:10:26 PM                                                                                                                    
                                                                                                                                
JOEL GILBERTSON,  Commissioner, Alaska  Department of  Health and                                                               
Social  Services, explained  that HJR  10 has  a parallel  in the                                                               
Senate side, which is SJR 6.  He said:                                                                                          
                                                                                                                                
     What  this   gets  towards  is  a   resolution  by  the                                                                    
     legislature  finding  a  lot of  cost  drivers  in  the                                                                    
     Alaska  health care  system.    And also  acknowledging                                                                    
     that, absent  some congressional action, on  October 1,                                                                    
     2005,  ... we  will  see a  sizeable  reduction in  the                                                                    
     federal  support for  our health  care  system in  this                                                                    
     state.     ...      It's  quite   concerning  to   this                                                                    
     administration and to  health care providers generally.                                                                    
     And    what   this    resolution   expresses    is   an                                                                    
     acknowledgement  of this  challenge  and this  problem,                                                                    
     and urges Congress  and the presidential administration                                                                    
     to focus on passing  legislation this session that will                                                                    
     hold  Alaska harmless  and  will  preserve our  current                                                                    
     Medicaid match rate.                                                                                                       
                                                                                                                                
3:11:43 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GILBERTSON continued:                                                                                              
                                                                                                                                
     To give  you a little  background: we run  this program                                                                    
     called Medicaid ... which, for  the State of Alaska, is                                                                    
     serving  almost 130,000  Alaskans.   And in  our FY  06                                                                    
     [fiscal year 2006] budget, for  the first time ever, it                                                                    
     actually   creeps   above   $1   billion   in   program                                                                    
     operations.   It's a  billion-dollar program,  but it's                                                                    
     not  wholly  financed  by  the  state.    The  Medicaid                                                                    
     program, when  established in 1965, was  established as                                                                    
     a  partnership  between  the  states  and  the  federal                                                                    
     government to  provide ... health care  services to low                                                                    
     income  and  needy  populations.   Many  people  become                                                                    
     eligible  because  of  other assistance  benefits  they                                                                    
     have access  to, such  as being  disabled and  being on                                                                    
     [Supplemental Security  Income (SSI)].   But regardless                                                                    
     of  how  you  got  on the  program,  there  is  federal                                                                    
     support to finance that  person's health care services.                                                                    
     ...   How  much  of your  ...  Medicaid program  that's                                                                    
     going  to  be financed  by  the  federal government  is                                                                    
     based  on   a  pretty  rough  formula   that  tries  to                                                                    
     calculate [if  the state  is rich or  poor].   And this                                                                    
     formula  is called  the FMAP,  or  the Federal  Medical                                                                    
     Assistance   Percentage,  and   it's  a   really  rough                                                                    
     formula.  It  looks at a state's per  capita income and                                                                    
     then  compares  it  to the  national  average  for  per                                                                    
     capita  income, and  benchmark[s]  states according  to                                                                    
     that  continuum of  incomes.   The  richest states  are                                                                    
     required  to bear  a greater  burden of  their Medicaid                                                                    
     costs.   The poorest states, and  overwhelmingly that's                                                                    
     always  been  Mississippi,  ...  receives  the  highest                                                                    
     amount of federal support.                                                                                                 
                                                                                                                                
3:13:33 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GILBERTSON continued:                                                                                              
                                                                                                                                
     The  least you  can receive  in federal  support is  50                                                                    
     percent,  and historically  Alaska was  a 50:50  state,                                                                    
     meaning that when that claim  for Medicaid went through                                                                    
     the system ... the state  [paid 50 percent of the claim                                                                    
     and the federal government would  pay 50 percent of the                                                                    
     claim].   What  that formula  failed to  acknowledge is                                                                    
     that,   while  our   per   capita   incomes  might   be                                                                    
     incrementally higher in Alaska,  our cost of delivering                                                                    
     that care is exponentially higher.   And when you start                                                                    
     looking at the  cost of living, the  cost of delivering                                                                    
     supplies,  the  labor  costs, the  construction  costs,                                                                    
     [and] the geographic  challenges around transportation,                                                                    
     ...  it  is  very  expensive  to  deliver  health  care                                                                    
     services in this state.   We spend almost $10 million a                                                                    
     year just  on Medicaid transportation  for nonemergency                                                                    
     cases, just  bringing people into  more urban  areas to                                                                    
     receive services....                                                                                                       
                                                                                                                                
3:14:46 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GILBERTSON continued:                                                                                              
                                                                                                                                
     [There are] a lot of  cost drivers.  We're dealing with                                                                    
     a  state that,  ...  in  land mass  size,  has no  peer                                                                    
     amongst other  states.  For these  various reasons, ...                                                                    
     Congress twice - once in 1997  and once again in 2000 -                                                                    
     passed  legislation  to temporarily  increase  Alaska's                                                                    
     Medicaid  match  rate.   It  was  historically a  50:50                                                                    
     state,  then U.S.  Senator Frank  Murkowski ...  passed                                                                    
     legislation  ... to  increase  Alaska's Medicaid  match                                                                    
     rate to  59.8 [percent]  ...; it increased  the federal                                                                    
     share by 9.8  points, and in real  dollars that brought                                                                    
     in  about $100  million of  additional support  for our                                                                    
     health care system for three  years.  When that sunset,                                                                    
     he passed  another piece of  legislation to  extend and                                                                    
     to increase the subsidy ....   And this time it was not                                                                    
     set at  a fixed amount; it  was a formula change.   The                                                                    
     net  effect  was [that]  it  decreased  our per  capita                                                                    
     income going into the formula  by about 5 percent.  But                                                                    
     in real  dollars, it increased our  Medicaid match rate                                                                    
     to about  ... 61 percent  federal.   ...  And  that has                                                                    
     slowly evolved down  as per capita income  in the State                                                                    
     of Alaska has increased over  the last couple of years.                                                                    
     And right now, in the  last year of that five-year rate                                                                    
     adjustment,  we're getting  about 57.5  percent federal                                                                    
     financing for a Medicaid claim.                                                                                            
                                                                                                                                
3:16:27 PM                                                                                                                    
                                                                                                                                
     What has that  meant to the State of  Alaska over those                                                                    
     five  years?   It's  meant  about  $300-350 million  of                                                                    
     additional  federal  funds  that  have  come  into  our                                                                    
     health care  system through  this adjustment  over that                                                                    
     time period.                                                                                                               
                                                                                                                                
     ...  This last  adjustment was  a five-year  adjustment                                                                    
     for  the State  of  Alaska; it  sunsets  on October  1,                                                                    
     2005.   And ...  I believe  the department  provided to                                                                    
     the committee a  set of charts and  documents [a 6-page                                                                    
     handout  included in  the  committee  packet, with  the                                                                    
     first page labeled, "Impact of  FMAP Reduction on State                                                                    
     Match"], ...  which sort of  explains what is  the long                                                                    
     term  fiscal impact  to the  State  of Alaska's  health                                                                    
     care system  - absent change.   And that change  can be                                                                    
     about one thing:  ...  legislation passed by the United                                                                    
     States  Congress to  extend the  adjustment, [to]  hold                                                                    
     harmless  the State  of Alaska,  or [to]  come up  with                                                                    
     some other methodology that  acknowledges the high cost                                                                    
     of delivering care in this state.                                                                                          
                                                                                                                                
3:16:51 PM                                                                                                                    
                                                                                                                                
     Absent that  change, October 1,  2005, which  ... would                                                                    
     run for three quarters of  our fiscal year of 2006, the                                                                    
     impact  would  be the  loss  of  about $53  million  in                                                                    
     federal  support to  the state's  Medicaid program  and                                                                    
     our  health   care  system  generally.     Once  that's                                                                    
     annualized in the first state  fiscal year, 2007, where                                                                    
     it  runs for  a  full  12 months,  the  impact will  be                                                                    
     roughly $73  million.  And  what you see in  the charts                                                                    
     we provided is that over the  next 10 years the loss of                                                                    
     this  federal adjustment  that was  passed by  Congress                                                                    
     five  years ago  would be  almost a  billion dollars  -                                                                    
     $914  million dollars  over  the next  ten  years -  of                                                                    
     support that's providing services across the state.                                                                        
                                                                                                                                
3:17:48 PM                                                                                                                    
                                                                                                                                
     While this is money that  comes through the state, this                                                                    
     money does  not stay  within the  state; this  money is                                                                    
     used to pay providers.   These are the dollars that are                                                                    
     paying   for   everything   from   wheel   chairs   and                                                                    
     prosthetics, to  seniors and  skilled nursing  care, to                                                                    
     home  and   community-based  services,   personal  care                                                                    
     attendant services,  acute care services,  services for                                                                    
     chronic disease,  for children, for youth,  and for the                                                                    
     seniors of  this state.   These are resources  that are                                                                    
     going out right now  to support infrastructure, ongoing                                                                    
     operations  and maintenance,  and personal  services of                                                                    
     facilities all throughout  the state.  And  who is hurt                                                                    
     the  most, I  think, is  largely rural  Alaska, because                                                                    
     rural  Alaska disproportionately  relies upon  Medicaid                                                                    
     as its primary source of payment ... and revenue.                                                                          
                                                                                                                                
3:19:06 PM                                                                                                                    
                                                                                                                                
     These  challenges are  real;  the  fiscal challenge  is                                                                    
     real.    What  this   resolution  expresses  is  ...  a                                                                    
     summation of  the cost drivers in  Alaska's health care                                                                    
     system.  The reason why  the formula currently does not                                                                    
     serve  Alaska very  well ...  [is] that  the underlying                                                                    
     formula  is fundamentally  flawed; it  simply does  not                                                                    
     acknowledge the high cost of  delivering care in rural,                                                                    
     remote frontier  states.  And through  resolution, [it]                                                                    
     urges Congress  and the federal administration  to pass                                                                    
     legislation  this year  to fix  this funding  challenge                                                                    
     and  to  continue  the  federal  support  for  Alaska's                                                                    
     Medicaid program as it is doing in the current year.                                                                       
                                                                                                                                
3:19:34 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked if the fix would be temporary.                                                                               
                                                                                                                                
3:19:44 PM                                                                                                                    
                                                                                                                                
COMMISSIONER   GILBERTSON  answered   that  that's   largely  the                                                               
discretion of the  language drafters.  He  stated from experience                                                               
that the  most recent  adjustment for  the state  was set  with a                                                               
five-year sunset, because  that was the amount of  money that was                                                               
available in  the budget at  the time.   He said he  thinks there                                                               
will be a lot of competing factors.   He said in the grand scheme                                                               
of Medicaid "this  is very small."  He  offered his understanding                                                               
that over the  10 years, Medicare/Medicaid will  be spending $2.6                                                               
trillion.  Notwithstanding that, he  stated, "In the grand scheme                                                               
of  the  programs  themselves  it's very  large  when  you  start                                                               
talking about a state our size and with our population base."                                                                   
                                                                                                                                
COMMISSIONER  GILBERTSON said  some states  will be  seeing their                                                               
federal support increase  next year, while others  will be seeing                                                               
it decrease.   He explained that  is due to an  annual adjustment                                                               
that  looks at  a  rolling average  of per  capita  incomes.   He                                                               
reported that Alaska  is the most negatively affected  state at a                                                               
7.5-point drop.  The second-most  affected state is Wyoming, with                                                               
a   3-point  drop.      The  magnitude   of   Alaska's  drop   is                                                               
unprecedented.   He concluded, "It's  going to be a  challenge to                                                               
get this  passed; I  think it's something  that Congress  can do,                                                               
and we're  certainly working with  our delegation to try  and get                                                               
this passed  this year.   But will it be  sunset again?   I think                                                               
parts of  that will  be budgetary concerns  that will  drive that                                                               
decision."                                                                                                                      
                                                                                                                                
3:21:28 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON asked  if Commissioner  Gilbertson thinks  that the                                                               
delegation needs  the resolution  "to give them  a little  bit of                                                               
backup when they ask for it."                                                                                                   
                                                                                                                                
3:21:39 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GILBERTSON   responded  that  he   thinks  Alaska's                                                               
delegation  is  keenly  aware  of  the  challenge  and  has  been                                                               
generally  supportive of  the  state's health  care  system.   He                                                               
continued:                                                                                                                      
                                                                                                                                
     This  has  been  passed  twice  by  the  United  States                                                                    
     Congress;  it's been  passed twice  by the  U.S. Senate                                                                    
     unanimously.  I think  it's been generally acknowledged                                                                    
     that this  is a challenge  facing the state, and  it is                                                                    
     in need of  additional assistance.  I'm  sure we're all                                                                    
     aware ...  federal employees receive  a cost  of living                                                                    
     adjustment for  the state.   Many federal  programs are                                                                    
     adjusted.   This  is  one that  should  be adjusted  as                                                                    
     well.                                                                                                                      
                                                                                                                                
COMMISSIONER   GILBERTSON  said   he  thinks   even  though   the                                                               
delegation  is  aware  of  [the   need  for  adjustment],  it  is                                                               
important for all  affected parties to share  their concerns with                                                               
the delegation.                                                                                                                 
                                                                                                                                
3:22:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked Commissioner Gilbertson  to describe                                                               
the difference between Title 21 and Title 19.                                                                                   
                                                                                                                                
3:22:46 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GILBERTSON  explained  that there  is  a  different                                                               
match rate for  different populations.  He  directed attention to                                                               
[the first page  of the previously mentioned  6-page handout] and                                                               
noted  that [the  chart at  the  far-right of  the page,  titled,                                                               
"Announced FMAP*"]  shows a  57.58 percent  match in  fiscal year                                                               
2005 (FY  05) [under Title  XIX FMAP]  and a 70.31  percent match                                                               
the  same year  [under  Title  XXI FMAP].    He  said the  former                                                               
reflects  the  general  Medicaid  population,  while  the  latter                                                               
reflects  the  enhanced  federal medical  assistance  percentage,                                                               
including  the  state children's  programs,  such  as Denali  Kid                                                               
Care.   He added, "We also  were able to get  that enhanced match                                                               
rate  for   our  breast  and   cervical  cancer   program,  under                                                               
Medicaid."   He noted that there  is a third category  for Alaska                                                               
Natives who  receive services through Native  operated facilities                                                               
at 100 percent  federal reimbursement.  That is  not expressed on                                                               
the chart.                                                                                                                      
                                                                                                                                
3:23:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked if the 100  percent match population                                                               
would be affected by the reduction.                                                                                             
                                                                                                                                
3:24:08 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GILBERTSON said it's  important to remember that the                                                               
reduction is not  felt by the provider, but is  felt initially by                                                               
the state.   The real impact to the providers  is felt the second                                                               
year when  the legislature,  as the  appropriator, has  to factor                                                               
into  a new  budget decision  that "it's  going to  cost you  $72                                                               
million  in additional  funding to  do  the same  thing you  were                                                               
doing the previous year."   The challenge created then is whether                                                               
to offset  that loss with  the general fund or  proposing program                                                               
reductions, or a  combination of the two.  He  said, "When that's                                                               
converted, the providers will feel  that downstream, because that                                                               
could  be reductions  in optional  services, ...  rates, [and/or]                                                               
... eligibility."   He reiterated  that the more  rural providers                                                               
will be  more affected by  that, because  they disproportionately                                                               
rely upon Medicaid as one of their key sources of funding.                                                                      
                                                                                                                                
3:25:05 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GILBERTSON continued as follows:                                                                                   
                                                                                                                                
      When the claim is submitted by our provider, we pay                                                                       
       that provider.  We then turn to our federal sister                                                                       
     agency -  Centers for Medicare/Medicaid Services  - and                                                                    
     we submit proof  of that payment, and then  we claim it                                                                    
     and request  payment back  from the  federal government                                                                    
     for their share of that claim.                                                                                             
                                                                                                                                
3:25:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  reiterated that  he wants to  know whether                                                               
the population with the 100  percent match would be unaffected by                                                               
the reduction and would still remain at 100 percent.                                                                            
                                                                                                                                
3:25:52 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  GILBERTSON  answered  yes.     He  noted  that's  a                                                               
sizeable claim volume in the system.   He added, "So, the numbers                                                               
that  you're seeing,  in terms  of impact,  to some  extent [are]                                                               
actually more  drastic, because it's  that impact over  a smaller                                                               
percentage of the overall Medicaid slice."                                                                                      
                                                                                                                                
3:26:14 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked if many services  will have to be cut "if this                                                               
doesn't happen."                                                                                                                
                                                                                                                                
3:26:29 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GILBERTSON responded that  the governor's budget for                                                               
FY 06 assumes that the President  and Congress will pass and sign                                                               
legislation  this year  that will  hold harmless  Alaska and  not                                                               
implement  this reduction.    If there  is no  change  in law  by                                                               
October 1, 2005, the administration  will submit "a supplemental"                                                               
to the legislature in FY 06  to offset the loss in federal funds.                                                               
It will be  up to the legislature to decide  at that time whether                                                               
to  fully fund  the supplemental  request or  not to  and instead                                                               
propose changes to the program, "or some other reduction."                                                                      
                                                                                                                                
3:27:36 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON asked, "What happens  if the legislature didn't okay                                                               
that?  How would all this get paid then if it's past tense?"                                                                    
                                                                                                                                
3:27:56 PM                                                                                                                    
                                                                                                                                
COMMISSIONER GILBERTSON  said there is an  acknowledged challenge                                                               
if the hold harmless provision is  not passed by Congress.  If it                                                               
is  six-seven  months into  a  fiscal  year and  the  legislature                                                               
chooses not to  fund the entire amount of  the supplemental, that                                                               
would  put   tremendous  pressure  upon  the   agency  to  reduce                                                               
expenditures  in the  remaining  months of  the  fiscal year  "to                                                               
bring in  line expenditures with  authorization."  He  offered an                                                               
example.                                                                                                                        
                                                                                                                                
3:29:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  moved to  report HJR  10 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HJR 10 was reported  from the                                                               
House Health, Education and Social Services Standing Committee.                                                                 

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