Legislature(2015 - 2016)CAPITOL 106

04/05/2016 03:00 PM House HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 4/6/16 at 3:30 pm --
*+ HB 345 INSURANCE COVERAGE FOR CONTRACEPTIVES TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 334 CHILD CUSTODY;DOM. VIOLENCE;CHILD ABUSE TELECONFERENCED
Heard & Held
+= HB 315 ELECTRONIC VISIT VERIFICATION: MEDICAID TELECONFERENCED
Moved CSHB 315(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 315-ELECTRONIC VISIT VERIFICATION: MEDICAID                                                                     
                                                                                                                                
4:37:41 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced that the  final order of business would be                                                               
HOUSE  BILL NO.  315, "An  Act  relating to  an electronic  visit                                                               
verification system  for providers of certain  medical assistance                                                               
services."                                                                                                                      
                                                                                                                                
4:38:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ moved  to  adopt  the proposed  committee                                                               
substitute (CS) for HB 315,  labeled 29-LS1287\N, Glover, 4/1/16,                                                               
as the working draft.                                                                                                           
                                                                                                                                
CHAIR SEATON objected for discussion.                                                                                           
                                                                                                                                
4:38:35 PM                                                                                                                    
                                                                                                                                
TANEEKA HANSEN,  Staff, Representative Paul Seaton,  Alaska State                                                               
Legislature,  explained that  the  proposed committee  substitute                                                               
would narrow  the approach for the  electronic visit verification                                                               
(EVV) system for the first  few years by directing the Department                                                               
of Health  and Social  Services to  establish pilot  projects for                                                               
these EVV systems.   She reported that Section 1  of the proposed                                                               
CS  was legislative  intent  language, stating  that  it was  the                                                               
intent of the legislature to  protect vulnerable Alaskans and the                                                               
integrity  of  the medical  assistance  program  by reducing  the                                                               
number  of  fraudulent claims  and  insuring  that services  were                                                               
provided to  medical recipients.   She relayed that it  would use                                                               
technology to  improve accountability for personal  care services                                                               
and  home  and  community  based services  delivered  to  medical                                                               
assistance recipients.                                                                                                          
                                                                                                                                
MS.  HANSEN   discussed  Section  2,  uncodified   law,  as  this                                                               
established  a  pilot  project and  directed  the  Department  of                                                               
Health and Social  Services to adopt standards  for an electronic                                                               
visit verification (EVV) system under  this project.  This system                                                               
would  be used  to verify  visits conducted  to provide  personal                                                               
care services in  the home or other setting  and visits conducted                                                               
to provide  home and  community based services.   She  noted that                                                               
this should  establish the providers eligible  to participate and                                                               
require  that the  EVV system  will document,  at a  minimum, the                                                               
name of the provider, or  their employee, the recipient, the date                                                               
and  time  the  contractor  begins   and  ends  the  delivery  of                                                               
services,  and the  location  of services.    She explained  that                                                               
subsection  (b) stated  that DHSS  would review  the EVV  systems                                                               
implemented  under  this  section   and  prepare  a  report  with                                                               
recommendations  for  statewide  application of  an  EVV  system,                                                               
which would  be due on or  before January 1, 2018,  and delivered                                                               
to the Alaska State Legislature.                                                                                                
                                                                                                                                
4:41:20 PM                                                                                                                    
                                                                                                                                
CHAIR  SEATON removed  his objection  to  the proposed  committee                                                               
substitute, Version N.  There  being no further objection, it was                                                               
adopted as the working draft.                                                                                                   
                                                                                                                                
REPRESENTATIVE WOOL  asked whether the  pilot program was  at the                                                               
discretion of the  department for hiring a vendor  or creating it                                                               
in-house.                                                                                                                       
                                                                                                                                
CHAIR SEATON explained  that this would be clarified in  a yet to                                                               
be introduced amendment.   He offered some  possibilities for the                                                               
pilot projects to ensure that  the department had the flexibility                                                               
"to get something  that will work and that people  are willing to                                                               
participate in."  In response  to Representative Wool, he pointed                                                               
out  that  there  was  a  fiscal  note  and  testimony  from  the                                                               
department.                                                                                                                     
                                                                                                                                
4:44:07 PM                                                                                                                    
                                                                                                                                
DEB  ETHERIDGE,  Deputy  Director, Central  Office,  Division  of                                                               
Senior  and  Disabilities  Services,  Department  of  Health  and                                                               
Social  Services, asked  for clarification  to which  fiscal note                                                               
was being referenced.                                                                                                           
                                                                                                                                
CHAIR SEATON clarified that the  fiscal note was for the original                                                               
bill and included information about the vendor.                                                                                 
                                                                                                                                
MS.  ETHERIDGE  said  that  she   could  speak  on  some  of  the                                                               
anticipated costs  associated with the  pilot project.   She said                                                               
that  she had  not calculated  the necessary  statistically valid                                                               
sample  for an  effective pilot  program, although  consultations                                                               
with industry  experts and  other states  had indicated  that the                                                               
transaction fee per transaction was  about $0.15, with each visit                                                               
consisting of  two transactions.   She noted that the  cost would                                                               
depend  on the  number of  services a  person received  each day.                                                               
She  suggested  that  a  pilot project  for  only  personal  care                                                               
services, and  not for home  and community based  services, would                                                               
have  fewer per  day transactions.   She  reported that  a person                                                               
could have personal care services  three times each day, although                                                               
this  could  change  if  there  were  home  and  community  based                                                               
services, as  well.  She  stated that  the draft fiscal  note had                                                               
anticipated costs for  two visits each day, five  days each week,                                                               
and 20 days each month.                                                                                                         
                                                                                                                                
CHAIR SEATON asked if this yielded an overall savings.                                                                          
                                                                                                                                
MS. ETHERIDGE  replied that  the savings  were associated  with a                                                               
1.5  percent  efficiency  found   in  administrative  claims  for                                                               
Medicaid.   She  explained that  there  would be  an actual  time                                                               
associated, and there would be a  savings as the time for service                                                               
would no longer be rounded.                                                                                                     
                                                                                                                                
4:48:31 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON  pointed out  that the savings  in other  states had                                                               
accrued in the  first year, although, as  the providers adjusted,                                                               
those savings did not continue.                                                                                                 
                                                                                                                                
MS.  ETHERIDGE expressed  her agreement,  noting  that there  was                                                               
considerable savings  in small populations, which  did not always                                                               
continue when  moved into a  larger population.  She  stated that                                                               
the pilot program was a good way to ensure the savings.                                                                         
                                                                                                                                
CHAIR SEATON asked  that the pilot program be large  enough to be                                                               
statistically significant,  so there would  be a better  idea for                                                               
its savings on  a larger scale.   He asked if the  pilot would be                                                               
designed for different locations.                                                                                               
                                                                                                                                
MS.  ETHERIDGE replied  that  this would  be  necessary, as  some                                                               
associated expenditures  which were difficult to  anticipate were                                                               
with  connectivity,  and it  would  be  necessary  to pay  for  a                                                               
solution.   She  relayed that  it  would be  necessary to  target                                                               
different areas in  the state to ensure an  understanding for the                                                               
costs, and then to realize the savings.                                                                                         
                                                                                                                                
REPRESENTATIVE  WOOL  suggested  that  some savings  would  be  a                                                               
result  of reduction  in  fraud if  the  verification system  was                                                               
working.    He surmised  that  these  savings would  diminish  as                                                               
"people sort of start playing by the rules."                                                                                    
                                                                                                                                
MS.  ETHERIDGE  stated  that  the  expectation  was  for  ongoing                                                               
compliance and adherence when billing  for services using the EVV                                                               
system, and an overall reduction  and savings was anticipated for                                                               
each year.   She  referenced a  concern by  Representative Seaton                                                               
that  some   states  had  implemented  the   EVV  system  without                                                               
allocating enough  funds for a system  which provided recognition                                                               
of a service  provider in the home.  She  said that this required                                                               
extra funding,  noting that, without  it, the  verifications were                                                               
not as  valid.   She shared  that it was  necessary to  weigh the                                                               
cost of  the solution against  the cost of the  Medicaid program.                                                               
She  reported that  any additional  administrative  costs on  the                                                               
service from the Medicaid program  were captured in a cost report                                                               
and would be  reflected in the reimbursement.  She  said that all                                                               
of these  factors were considered when  implementing programs for                                                               
the state.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  WOOL mused  that the  EVV system  would eliminate                                                               
fraud, and the  resultant criminal convictions for  fraud, as the                                                               
care and  the time  was accurately recorded.   He  suggested that                                                               
the costs should then stabilize.                                                                                                
                                                                                                                                
MS. ETHERIDGE clarified that most  authorized services were in 15                                                               
minute  units, and  it  was anticipated  that  more people  would                                                               
receive their authorized services.                                                                                              
                                                                                                                                
REPRESENTATIVE  VAZQUEZ  added  that  there was  also  a  quality                                                               
assurance component  with the  verification program,  noting that                                                               
Florida and Oklahoma had savings over the first few years.                                                                      
                                                                                                                                
4:55:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  observed that  the  system  appeared to  be                                                               
necessary,  and that  the  pilot program  could  determine if  it                                                               
would work and if there would be a savings.                                                                                     
                                                                                                                                
CHAIR  SEATON explained  that the  purpose  of the  pilot was  to                                                               
determine  if  the  data  could   be  fully  utilized  and  avoid                                                               
implementing a  big system  to cover the  entire state  and solve                                                               
all the problems at one time, which could then fail.                                                                            
                                                                                                                                
4:58:13 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON  moved to  adopt proposed  Amendment 1,  labeled 29-                                                               
LS1287\N.5, Glover, 4/5/16, which read:                                                                                         
                                                                                                                                
     Page 2, following line 19:                                                                                                 
     Insert a new subsection to read:                                                                                           
          "(b) The Department of Health and Social Services                                                                     
     may consider a third-party vendor system for the pilot                                                                     
     project under this section."                                                                                               
                                                                                                                                
     Reletter the following subsection accordingly.                                                                             
                                                                                                                                
4:58:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VAZQUEZ  objected for  the purpose  of discussion.                                                               
She  said  that  she  supported  the  proposed  amendment  as  it                                                               
provided   the   department    with   further   flexibility   for                                                               
implementing the program.                                                                                                       
                                                                                                                                
4:59:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ removed  her objection.   There  being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
                                                                                                                                
4:59:29 PM                                                                                                                    
                                                                                                                                
CHAIR  SEATON moved  to adopt  proposed  Conceptual Amendment  1,                                                               
which read:                                                                                                                     
                                                                                                                                
     Page 2 line 7:  replace "and" with "or"                                                                                    
                                                                                                                                
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
5:01:02 PM                                                                                                                    
                                                                                                                                
CHAIR  SEATON moved  to adopt  proposed  Conceptual Amendment  2,                                                               
which read:                                                                                                                     
                                                                                                                                
       Page 2 line 23:  Delete "January" and replace with                                                                       
     "July"                                                                                                                     
                                                                                                                                
There being no objection, Conceptual Amendment 2 was adopted.                                                                   
                                                                                                                                
5:01:46 PM                                                                                                                    
                                                                                                                                
CHAIR SEATON moved to adopt Conceptual Amendment 3, which read:                                                                 
                                                                                                                                
     Page 2 lines 5, 8, 10:  Delete "standards" and replace                                                                     
     with "regulations"                                                                                                         
                                                                                                                                
CHAIR  SEATON  explained  that   the  purpose  of  this  proposed                                                               
amendment was to clarify for  the Department of Health and Social                                                               
Services that it  was not necessary for a  standards based pilot,                                                               
but  instead, as  they were  adopting regulations,  they had  the                                                               
freedom  to  adopt  a  pilot   with  a  vendor,  from  a  current                                                               
provider's system, or another design.                                                                                           
                                                                                                                                
5:02:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR  objected for discussion.   She asked  if, as                                                               
it was  a pilot program,  this had been developed  with standards                                                               
language, instead of regulations,  because regulations would make                                                               
it necessary for the formal process of drafting regulations.                                                                    
                                                                                                                                
CHAIR SEATON asked  if the use of "regulations"  [in the proposed                                                               
conceptual amendment] would interfere  with the interpretation of                                                               
formal  regulations, or  could  "guidelines" replace  "standards"                                                               
and retain the meaning.                                                                                                         
                                                                                                                                
MS. ETHERIDGE,  in response, said  that Department of  Health and                                                               
Social Services would prefer to  have "guidelines" or "standards"                                                               
[in the  proposed conceptual amendment] for  flexibility in order                                                               
to implement  the pilot program  on a  timely basis and  then the                                                               
department  could  adopt  regulations   if  necessary  to  ensure                                                               
funding through the Medicaid program.                                                                                           
                                                                                                                                
CHAIR SEATON asked which would be better.                                                                                       
                                                                                                                                
REPRESENTATIVE   VAZQUEZ   interjected    that   the   usage   of                                                               
"regulations"  was for  a  formal process,  and  could be  overly                                                               
burdensome  for a  pilot project.   She  expressed her  agreement                                                               
with the  intent to avoid  confusion by not imposing  a standards                                                               
based.     She   suggested  that   "standards"  be   replaced  by                                                               
"guidelines" [in the proposed conceptual  amendment] to avoid any                                                               
confusion.                                                                                                                      
                                                                                                                                
MS. ETHERIDGE expressed her agreement.                                                                                          
                                                                                                                                
5:06:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ moved  to adopt  a friendly  amendment to                                                               
Conceptual Amendment 3, which read:                                                                                             
                                                                                                                                
      Page 2 lines 5, 8, 10 Delete "standards" and replace                                                                      
     with "guidelines"                                                                                                          
                                                                                                                                
[The committee treated the friendly amendment as adopted.]                                                                      
                                                                                                                                
REPRESENTATIVE  TARR  removed  her  objection.   There  being  no                                                               
further  objection,  Conceptual  Amendment  3,  as  amended,  was                                                               
adopted.                                                                                                                        
                                                                                                                                
5:07:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR   pointed  out  that  there   needed  to  be                                                               
consideration for  the unique circumstances of  Alaska, that cost                                                               
effectiveness  and  quality  assurance be  considered,  and  that                                                               
expectations be realistic.   She reminded that,  as personal care                                                               
attendant  services were  only provided  for individuals  able to                                                               
live independently, a  no-show was often reported  by the client.                                                               
She declared her  support of the personal  care attendant program                                                               
to allow  people to stay  in their homes  and be closer  to their                                                               
families.                                                                                                                       
                                                                                                                                
5:11:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VAZQUEZ moved  to  report CSHB  315, labeled  29-                                                               
LS1287\N,  Glover,  4/1/16, as  amended,  out  of committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There being no objection, CSHB  315(HSS) was moved from the House                                                               
Health and Social Services Standing Committee.                                                                                  
                                                                                                                                
CHAIR SEATON  said that new fiscal  notes for Version N  would be                                                               
forthcoming.                                                                                                                    

Document Name Date/Time Subjects
HB 345 Supporting Document Guttmacher - general.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Supporting Document UCSF Study Newspaper Article.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Supporting Document Guttmacher Alaska Stats.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Sponsor Statement.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Supporting Document Unintended Pregnancies Study.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Supporting Document Cost Savings Study.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Supporting Document ADN Commentary.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345vA.PDF HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 vH.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 fiscal Note- DCCED-DOI-04.01.16.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Support- League of Women Voters.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 334 Opposition_SAFV_3.28.16.pdf HHSS 4/5/2016 3:00:00 PM
HB 334
HB 334 Letter of Concern_Rep Josephson.pdf HHSS 4/5/2016 3:00:00 PM
HB 334
HB 315 Proposed Cs Version N.pdf HHSS 4/5/2016 3:00:00 PM
HB 315
hB 315Explanation of Changes from version A to W to E.pdf HHSS 4/5/2016 3:00:00 PM
HB 315
HB 315 Proposed Amendment E.2.pdf HHSS 4/5/2016 3:00:00 PM
HB 315
HB 345 Fiscal Note - DHSS-HCMS-3-16-16.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 315 Fiscal Note DRAFT-DHSS-SDSA -4-1-16 ver E.PDF HHSS 4/5/2016 3:00:00 PM
HB 315
HB 315 Fiscal Note DRAFT-DHSS-HCMS 4-1-16 ver E.PDF HHSS 4/5/2016 3:00:00 PM
HB 315
HB 315 Fiscal Notes DRAFT-DHSS-SDMS-4-1-16 ver E.PDF HHSS 4/5/2016 3:00:00 PM
HB 315
HB334-ACS-TRC-04-05-16.pdf HHSS 4/5/2016 3:00:00 PM
HB 334
HB 345 Background -SB 156 - Fiscal Note - DHSS 2.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
SB 156
HB 315 Support PCA April 5 Letter Support CSHB 315.pdf HHSS 4/5/2016 3:00:00 PM
HB 315
HB 315 Proposed Amendment to the CS_N.5.pdf HHSS 4/5/2016 3:00:00 PM
HB 315
HB 334 adopted CS version N.pdf HHSS 4/5/2016 3:00:00 PM
HB 334
HB 315 Opposition -remove HCBS- AADD.pdf HHSS 4/5/2016 3:00:00 PM
HB 315
HB 315 Letter of concern from the governors council.pdf HHSS 4/5/2016 3:00:00 PM
HB 315
HB 315 CS HSS version P-HSS final.pdf HHSS 4/5/2016 3:00:00 PM
HB 315
HB334 opposition - Christine Pate.pdf HHSS 4/5/2016 3:00:00 PM
HB 334
HB 345 Support - Tanana Chiefs Conference.PDF HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Support Samantha Savage.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Testimony - Amend- Jamie Donley.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Support - Beth Leban.pdf HHSS 4/5/2016 3:00:00 PM
HB 345
HB 345 Opposition - Small business association.PDF HHSS 4/5/2016 3:00:00 PM
HB 345
HB 334 Proposed CS version P.pdf HHSS 4/5/2016 3:00:00 PM
HB 334