Legislature(2007 - 2008)CAPITOL 106

03/15/2007 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 159 STILLBIRTH CERTIFICATE TELECONFERENCED
Moved CSHB 159(HES) Out of Committee
*+ HB 2 VOCATIONAL EDUC ACCOUNT TELECONFERENCED
Moved Out of Committee
*+ HB 140 MEDICAL ASSISTANCE ELIGIBILITY TELECONFERENCED
Heard & Held
HB 140-MEDICAL ASSISTANCE ELIGIBILITY                                                                                         
                                                                                                                                
CHAIR WILSON announced that the  final order of business would be                                                               
HOUSE  BILL  NO.  140,  "An   Act  expanding  medical  assistance                                                               
coverage for  eligible children and  pregnant women;  relating to                                                               
cost sharing  for certain recipients  of medical  assistance; and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
4:13:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LES  GARA, Alaska  State Legislature,  speaking as                                                               
the sponsor, informed the committee that  the goal of the bill is                                                               
to ensure  that every  child in the  state has  health insurance.                                                               
He  said  HB 140  will  provide  health  care to  children  whose                                                               
parents   work,   but  who   do   not   have  health   insurance.                                                               
Representative Gara  opined that  this issue finds  common ground                                                               
with his fellow  legislators.  This legislation  follows what six                                                               
other  states  have done,  and  that  is  to expand  coverage  to                                                               
families  that earn  up to  200  percent of  the federal  poverty                                                               
guideline.   He noted that  only two other states  provide health                                                               
coverage  to  residents  at  a  lower  level  than  Alaska.    In                                                               
addition, HB  140 leverages  federal funding  and will  only cost                                                               
approximately  $6   million  to  extend  available   health  care                                                               
coverage  to  every child  in  the  state.   Representative  Gara                                                               
warned  that, without  improvements,  Denali Kid  Care will  lose                                                               
federal   eligibility  under   the   federal  Children's   Health                                                               
Insurance Program (CHIP).  The  CHIP program requires that states                                                               
extend insurance coverage  to those living at 150  percent of the                                                               
poverty   level  and,   due  to   Alaska's  fixed   income  level                                                               
established   in  2003,   inflation  continues   to  reduce   the                                                               
percentage.   In Alaska,  the poverty level  is currently  at 156                                                               
percent, and is expected to lower  to 150 percent in the next one                                                               
to two years.                                                                                                                   
                                                                                                                                
4:16:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  explained the  coverage of Denali  Kid Care,                                                               
and noted that 500 children  have been deemed ineligible based on                                                               
the poverty level changes due  to inflation.  Representative Gara                                                               
relayed  that  the  cost  of   uninsured  patients  in  Anchorage                                                               
hospitals is $90  million per year.  This loss  is only recovered                                                               
by  transferring higher  costs to  other consumers.   In  Alaska,                                                               
18,000 children are  uninsured and about one-half of  them are in                                                               
families  that  earn  200  percent  of the  poverty  level.    In                                                               
addition, one-third of uninsured  children do not receive routine                                                               
medical  care.    Over  the  last decade,  Alaska has  seen a  31                                                               
percent  decline in  the number  of children  covered by  private                                                               
health insurance.  HB 140,  along with 70 percent federal funding                                                               
though Denali  Kid Care,  will provide  free health  insurance to                                                               
children whose families are living  at 200 percent of the poverty                                                               
level.   Above the  200 percent poverty  level, families  can buy                                                               
insurance through Denali  Kid Care for a sliding fee.    He noted                                                               
that  the committee  may  want  to review  the  terms  of the  20                                                               
percent  copayment  written in  the  bill.   Pregnant  woman  are                                                               
covered  by free  coverage  at  the 200  percent  of the  poverty                                                               
level.                                                                                                                          
                                                                                                                                
4:21:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA  emphasized that  this is the  most efficient                                                               
method that can  be devised to include every child  in the state.                                                               
The program  is funded by  a plan that  must be qualified  by the                                                               
federal government.   If approved,  the federal program  will pay                                                               
70 percent of  the cost through CHIP. If federal  approval is not                                                               
secured,  Medicaid   will  pay  57  percent   under  the  federal                                                               
authorization  that  covers  Denali  Kid Care.    The  rates  are                                                               
adjustable  and  also   need  to  be  approved   by  the  federal                                                               
government.  Representative Gara concluded  by saying that HB 140                                                               
provides  a universal  health  plan for  a  reasonable price  and                                                               
provides prevention against higher cost long-term medical costs.                                                                
                                                                                                                                
4:24:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ROSES referred  to  page 3,  line  28, CSHB  140,                                                               
Version  K, and  asked for  clarification of  the percentages  of                                                               
federal poverty levels.                                                                                                         
                                                                                                                                
REPRESENTATIVE GARA responded that the  bill refers to the Alaska                                                               
poverty level which,  given the Cost of  Living Allowance (COLA),                                                               
is higher.                                                                                                                      
                                                                                                                                
REPRESENTATIVE ROSES remarked:                                                                                                  
                                                                                                                                
     ...  so, adding,  the  federal  poverty guidelines  for                                                                    
     Alaska, as  opposed to the official  poverty line, then                                                                    
     goes to that 135 percent, and  then on top of that, 250                                                                    
     percent.    So,  we're  no  longer  talking  about  250                                                                    
     percent of  the federal level, we're  talking about 250                                                                    
     percent  of  the  Alaska   level,  which  equals  337.5                                                                    
     percent   of   the   federal   level.      So,   that's                                                                    
     substantially different than 250 percent.                                                                                  
                                                                                                                                
REPRESENTATIVE GARA affirmed  that he was speaking  of the Alaska                                                               
poverty  level,  set by  the  department,  which is  higher  than                                                               
levels set outside of the state.                                                                                                
                                                                                                                                
4:26:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  asked whether  there is a  $500 deductible                                                               
for copayments.                                                                                                                 
                                                                                                                                
REPRESENTATIVE GARA replied that there  is no deductible level in                                                               
this bill.   He added that a family required  by its income level                                                               
to make copayments, will already  be paying more than the state's                                                               
contribution.    Therefore,  there  is   no  need  to  require  a                                                               
deductible.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  NEUMAN  further  asked how  qualifying  household                                                               
income is verified.                                                                                                             
                                                                                                                                
REPRESENTATIVE  GARA   explained  that  the   federal  government                                                               
provides income  guidelines.  For  example, for a family  of two,                                                               
the  poverty  limit  in  Alaska is  an  income  of  approximately                                                               
$17,000.                                                                                                                        
                                                                                                                                
4:28:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NEUMAN   repeated  his  question   regarding  the                                                               
verification of household income.                                                                                               
                                                                                                                                
REPRESENTATIVE GARA  opined that the declaration  of income could                                                               
require  an  under-oath  statement   with  penalties  for  fraud,                                                               
similar  to  what  is  required  on  the  Alaska  Permanent  Fund                                                               
Dividend application form.                                                                                                      
                                                                                                                                
4:30:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES  observed that the bill  is inconsistent and                                                               
uses  the multiplier  of  income levels  by  the federal  poverty                                                               
guidelines  in   some  sections,   and  by  the   Alaska  poverty                                                               
guidelines in other sections.  In addition, he remarked                                                                         
                                                                                                                                
     Have you  done a  comparison, not for  school districts                                                                    
     or public  employees where, quite often,  the family is                                                                    
     covered under the same plan, ...  but go to some of the                                                                    
     private companies where they  cover the [employee] only                                                                    
     and  then  they  have  to  pay  extra  for  the  family                                                                    
     members.  Have  you compared the cost of  what a person                                                                    
     is paying to cover their  children there, as opposed to                                                                    
     what would they  pay if they had to  cover two children                                                                    
     here.   We may be  setting ourselves up for  a scenario                                                                    
     where  people that  currently have  their kids  covered                                                                    
     ... they're  going to cancel their  insurance there and                                                                    
     come to the one that the  state has, just simply ... to                                                                    
     save money.                                                                                                                
                                                                                                                                
REPRESENTATIVE GARA clarified that  the federal poverty guideline                                                               
for Alaska is to be used throughout  the bill.  He added that his                                                               
research  did not  check on  the  cost of  adding a  child to  an                                                               
employer  plan; however,  a  private insurance  plan  to cover  a                                                               
child can  cost between $3,000  and $5,000 per year.  The benefit                                                               
of  having  Medicaid   coverage  is  that  the   larger  pool  of                                                               
participants brings  down the cost.   Representative Gara assured                                                               
the committee  that the intent of  the bill is not  for residents                                                               
to  cancel a  work  health  care plan  and  enroll  in the  state                                                               
program  to  save money.    In  fact,  a  provision in  the  bill                                                               
requires  that  the  enrollee  certify  that  they  do  not  have                                                               
insurance coverage available through  their employer.  He pointed                                                               
out that  at the higher  income levels, there  is no cost  to the                                                               
state, anyway.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  ROSES asked  whether  an applicant  would not  be                                                               
eligible if  employer insurance  coverage is  available or  is in                                                               
force.                                                                                                                          
                                                                                                                                
REPRESENTATIVE GARA  replied that  the wording  of the  bill will                                                               
eliminate applicants who have an available work plan.                                                                           
                                                                                                                                
4:33:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARA verified that a  family of two with an income                                                               
of approximately  $40,000 per  year may have  a health  care plan                                                               
costing $5,000 per year.                                                                                                        
                                                                                                                                
4:34:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES asked whether HB  140 can help a family that                                                               
can not  afford coverage  through the employer  if the  family is                                                               
exempted from this program.                                                                                                     
                                                                                                                                
REPRESENTATIVE GARA  stated that the exemption  applies only when                                                               
a family  income is over  200 percent of  the poverty level.   He                                                               
suggested  that the  exemption could  be limited  by including  a                                                               
maximum amount for the cost of insuring a child.                                                                                
                                                                                                                                
4:35:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN recalled the  pending overhaul of the state                                                               
health program  and asked whether HB  140 will have an  effect on                                                               
the changes to the department.                                                                                                  
                                                                                                                                
REPRESENTATIVE  GARA  said  that   this  plan  is  contingent  on                                                               
receiving federal approval, and  the federal government must also                                                               
reauthorize the state CHIP program.                                                                                             
                                                                                                                                
4:36:22 PM                                                                                                                    
                                                                                                                                
CHAIR WILSON opened public testimony.                                                                                           
                                                                                                                                
4:37:18 PM                                                                                                                    
                                                                                                                                
BRENDA  MOORE, member,  Alaska Mental  Health  Board, and  chair,                                                               
Alaska's Covering  Kid's Coalition, provided statistics  from the                                                               
Robert  Wood  Johnson  report regarding  the  current  population                                                               
surveys and annual social and  economic supplement.  She informed                                                               
the committee  that the 200  percent of federal poverty  level is                                                               
the federal  definition for  low income,  and allows  families to                                                               
provide  basic needs.    For  a three  year  average, the  report                                                               
indicates that  11,000 children, aged  0 to 18 years,  are living                                                               
with families below 200 percent  of federal poverty level and are                                                               
uninsured.   The number of  children not in poverty,  but without                                                               
health insurance, is  2,500.  Ms. Moore concluded  by saying that                                                               
the cost of uninsured children is borne by everyone.                                                                            
                                                                                                                                
JODY  BUTTO,  M.D., President,  Alaska  Chapter  of the  American                                                               
Academy of Pediatrics,  stated her support for HB  140.  Research                                                               
done by her organization determined  that many working parents do                                                               
not have access to health insurance  because it is not offered by                                                               
their employers.   Dr. Butto said that children who  are not seen                                                               
by a doctor on a routine  basis need preventative care to prevent                                                               
visits to  the emergency  room and  learning disabilities  due to                                                               
untreated medical conditions.                                                                                                   
                                                                                                                                
                                                                                                                                
4:42:18 PM                                                                                                                    
                                                                                                                                
MONICA  GROSS,  M.D.,  Fellow, American  Academy  of  Pediatrics,                                                               
stated  her  support for  HB  140.    Dr.  Gross said  that  when                                                               
children  have health  insurance,  medical care  is shifted  from                                                               
crisis oriented  care to well  child and preventative care.   The                                                               
result  has positive  ramifications  for  children's, family  and                                                               
community health.   She read from a  prepared statement [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     When families  don't have  medical insurance,  kids are                                                                    
     brought  to the  doctor  when they  are  very sick  and                                                                    
     parents are scared.  Doctors  respond in emergency mode                                                                    
     - tests  are ordered, drugs are  prescribed and parents                                                                    
     admonished for "waiting too long."                                                                                         
                                                                                                                                
     When kids  have medical  insurance they are  brought in                                                                    
     for  well child  checkups and  preventative care.   The                                                                    
     whole medical model shifts.   Parents and doctors are a                                                                    
     team  working together  to  keep  children healthy  and                                                                    
     prevent  disease.   Parents  are  empowered,   and  the                                                                    
     important job  they are  doing is  validated.   Time is                                                                    
     available  to answer  questions and  counsel about  age                                                                    
     appropriate  health promotion  and illness  prevention.                                                                    
     This  exchange  sets  the   stage  for  families  where                                                                    
     children  can develop  and grow  and become  productive                                                                    
     and healthy members of their community.                                                                                    
                                                                                                                                
     Please support House Bill 140.                                                                                             
                                                                                                                                
4:43:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked whether Dr. Gross  has experienced a                                                               
higher  level of  missed  appointments by  patients  who are  not                                                               
required to make a copayment for their care.                                                                                    
                                                                                                                                
DR. GROSS agreed that some families may abuse the system.                                                                       
                                                                                                                                
4:44:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  then asked  whether a copayment  should be                                                               
required for a missed appointment.                                                                                              
                                                                                                                                
DR. GROSS  opined that a  copayment could cause families  to feel                                                               
more responsible.                                                                                                               
                                                                                                                                
4:45:24 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON  asked  whether  preventative  care  is  worth  the                                                               
state's expense.                                                                                                                
                                                                                                                                
DR. GROSS replied  that the opportunity to  help support patients                                                               
and  give  well child  care  is  an  investment in  their  future                                                               
health.  Also, if an emergency  comes in, and there is no history                                                               
with a  child and his/her  family, tests  may be done  that would                                                               
not be necessary if they have  been seen regularly.  She stressed                                                               
that  there will  be  a decrease  in costs  over  the long  term.                                                               
Routine well child care also  empowers families who can visit the                                                               
doctor under  comfortable circumstances.  Every  parent is helped                                                               
by that interaction.                                                                                                            
                                                                                                                                
                                                                                                                                
4:49:17 PM                                                                                                                    
                                                                                                                                
KARLEEN  JACKSON, Commissioner,  Department  of  Health &  Social                                                               
Services,  expressed  her  hope  that the  fixed  poverty  level,                                                               
currently in statute,  will be changed to a  percentage level set                                                               
out   in  HB   140.     The  legislature   will  then   have  the                                                               
responsibility to determine  what the percentage should  be.  She                                                               
pointed  out that  her department  has attached  fiscal notes  to                                                               
address the issue of how the bill is constructed.                                                                               
                                                                                                                                
REPRESENTATIVE  ROSES relayed  that his  personal insurance  does                                                               
not cover well  baby care, prevention, or check ups  of any kind.                                                               
He asked whether Denali Kid Care provides well baby check ups.                                                                  
                                                                                                                                
COMMISSIONER   JACKSON  answered   that  this   program  provides                                                               
periodic, regular, preventive check ups for children.                                                                           
                                                                                                                                
4:51:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN said:                                                                                                     
                                                                                                                                
     This  bill  asks  for federal  poverty  level  to  rise                                                                    
     between 200  and 350 percent,  a percentage ...  of the                                                                    
     poverty level, but your main  concern is making sure it                                                                    
     stays  above  150  percent,  so  you  don't  lose  that                                                                    
     federal contribution.                                                                                                      
                                                                                                                                
COMMISSIONER JACKSON said yes.                                                                                                  
                                                                                                                                
REPRESENTATIVE NEUMAN asked:                                                                                                    
                                                                                                                                
     ... right now the state's  major concern is making sure                                                                    
     we  stay there.    What  steps have  you  taken ...  to                                                                    
     ensure that we stay above that 150 percent?                                                                                
                                                                                                                                
COMMISSIONER JACKSON replied:                                                                                                   
                                                                                                                                
     We're here  testifying to you  and to others  that have                                                                    
     other bills,  that we really  need to have  this freeze                                                                    
     lifted.     There's   also  the   issue   of  the   re-                                                                    
     authorization  of the  [state] CHIP  program and  we've                                                                    
     spoken to  that in the  past, in terms of  working with                                                                    
     the   congressional   delegation,  and   the   National                                                                    
     Governors  Association, to  make that  happen. ...  The                                                                    
     bottom line answer is that we  need a bill that will do                                                                    
     that.                                                                                                                      
                                                                                                                                
4:52:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NEUMAN  inquired whether Commissioner  Jackson has                                                               
asked,  through  the  administration,  for a  bill  to  lift  the                                                               
freeze.                                                                                                                         
                                                                                                                                
COMMISSIONER JACKSON  responded that her expectation  is that the                                                               
bills currently offered will be successful.                                                                                     
                                                                                                                                
4:53:18 PM                                                                                                                    
                                                                                                                                
                                                                                                                                
REPRESENTATIVE ROSES remarked:                                                                                                  
                                                                                                                                
     So, when you talk about  the 150 percent of the poverty                                                                    
     level ...  you are  talking about  the federal  and not                                                                    
     the state, not  150 percent of the  state's level, it's                                                                    
     already adjusted by an additional  35 percent.  Is that                                                                    
     correct?                                                                                                                   
                                                                                                                                
4:53:38 PM                                                                                                                    
                                                                                                                                
JANET  CLARKE, Assistant  Commissioner,  Central Office,  Finance                                                               
and Management Services, Department  of Health & Social Services,                                                               
informed the  committee that there  is one federal  poverty level                                                               
for Alaska.   The Alaska level has  a 25 percent COLA  added.  In                                                               
fact, Alaska and  Hawaii have poverty levels of  25 percent above                                                               
the national  level.  She  opined that the language  contained in                                                               
the bill is the correct language.                                                                                               
                                                                                                                                
4:54:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROSES concluded  that the department's assumption,                                                               
when  reading the  bill,  would be  the  Alaska adjusted  poverty                                                               
level.                                                                                                                          
                                                                                                                                
4:55:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON recalled that  this bill allows copayments,                                                               
and asked whether copayments are disallowed by federal law.                                                                     
                                                                                                                                
4:55:52 PM                                                                                                                    
                                                                                                                                
JERRY FULLER, Project Director,  Office of Program Review, Office                                                               
of  the Commissioner,  Department  of Health  & Social  Services,                                                               
advised  the   committee  that  in   federal  law   and  Medicaid                                                               
copayments are  restricted to  $2 or $3  for residents  under the                                                               
150  percent   poverty  level.     For  higher   poverty  levels,                                                               
copayments  and  premiums  combined  can be  no  more  than  five                                                               
percent of the annual income.                                                                                                   
                                                                                                                                
4:56:35 PM                                                                                                                    
                                                                                                                                
JON  SHERWOOD,  Medical  Assistant,  Office  of  Program  Review,                                                               
Office  of  the  Commissioner,  Department  of  Health  &  Social                                                               
Services, agreed.                                                                                                               
                                                                                                                                
4:56:55 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON asked  whether the  value  of requiring  copayments                                                               
will outweigh the additional administration cost.                                                                               
                                                                                                                                
MR.  FULLER replied  that premiums  are easy  to administer,  but                                                               
copayments are problematic in that  they are paid directly to the                                                               
provider,  are  restricted by  law,  and  only apply  to  certain                                                               
services.                                                                                                                       
                                                                                                                                
CHAIR  WILSON further  asked  whether the  charges  will be  cost                                                               
effective.                                                                                                                      
                                                                                                                                
MR.  FULLER asked  for  time  to investigate  the  answer to  her                                                               
question.                                                                                                                       
                                                                                                                                
4:58:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GARDNER  stated   her   support  for   requiring                                                               
copayments if there is an effective method of collection.                                                                       
                                                                                                                                
4:59:29 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON requested  that Mr.  Fuller provide  information to                                                               
the   committee  regarding   the  cost   of  the   collection  of                                                               
copayments.                                                                                                                     
                                                                                                                                
4:59:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON also requested an  analysis of page 6, line                                                               
21, (d), to determine whether  the copayment required in the bill                                                               
is acceptable under federal law.                                                                                                
                                                                                                                                
5:00:11 PM                                                                                                                    
                                                                                                                                
CHAIR  WILSON announced  that  HB  140 would  be  held over  with                                                               
public testimony open.                                                                                                          

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