Legislature(2011 - 2012)CAPITOL 120

04/06/2011 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 215 JUDICIAL REVIEW OF PIPELINE PROJECT/ROW TELECONFERENCED
Heard & Held
+ SB 31 COUNTING OF WRITE-IN VOTES TELECONFERENCED
<Bill Hearing Rescheduled to 4/8/11>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 171 ARRESTS FOR MISDEMEANORS TELECONFERENCED
Moved CSHB 171(JUD) Out of Committee
+= HB 1 POLICY FOR SECURING HEALTH CARE SERVICES TELECONFERENCED
Moved CSHB 1(JUD) Out of Committee
        HB 1 - POLICY FOR SECURING HEALTH CARE SERVICES                                                                     
                                                                                                                                
2:14:03 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  announced that the  final order of business  would be                                                              
HOUSE BILL  NO. 1, "An Act stating  a public policy that  allows a                                                              
person  to choose  or decline  any  mode of  securing health  care                                                              
services."    [Before  the  committee   was  CSHB  1(HSS),  and  a                                                              
proposed  committee   substitute  (CS)  for  HB   1,  Version  27-                                                              
LS0006\B, Bailey,  4/1/11, which had  been adopted as  the working                                                              
document on 4/4/11.]                                                                                                            
                                                                                                                                
CHAIR  GATTO  mentioned  that  he's  one of  HB  1's  joint  prime                                                              
sponsors.                                                                                                                       
                                                                                                                                
2:14:22 PM                                                                                                                    
                                                                                                                                
KAREN  SAWYER,  Staff,  Representative Carl  Gatto,  Alaska  State                                                              
Legislature,  on behalf  of Representative  Gatto, one  of HB  1's                                                              
joint  prime  sponsors,  relayed   that  during  the  bill's  last                                                              
hearing, a  concern was raised about  whether the language  of the                                                              
proposed state  policy could possibly  be interpreted  as allowing                                                              
for something  that's contrary  to public  policy or current  law,                                                              
and  offered her  belief  that language  on  page 2,  lines 5-6  -                                                              
which defines  the term,  "mode of obtaining"  in part  as meaning                                                              
directly  purchasing   healthcare   services  from  a   healthcare                                                              
provider  -  addresses  that  concern.     However,  she  relayed,                                                              
members' packets  do include a  proposed conceptual  amendment the                                                              
second part of  which would further clarify that  particular issue                                                              
by adding  a reference  to the statutory  definition of  the term,                                                              
"health  care  provider"  [as  its  used in  Title  9].    Another                                                              
concern  raised during  the bill's  last  hearing revolved  around                                                              
the  bill's proposal  to  establish a  short  title in  uncodified                                                              
law,  and  the   first  part  of  the  aforementioned   conceptual                                                              
amendment would  delete the short-title provision  located on page                                                              
1, lines 4-6  - Section 1 of  Version B.  The  proposed conceptual                                                              
amendment read [original punctuation provided]:                                                                                 
                                                                                                                                
     Page 1, Line 4-6                                                                                                           
          Delete lines 4-6                                                                                                      
                                                                                                                                
     Page 2, Line 6                                                                                                             
        Insert after health care provider (AS DEFINED IN                                                                      
     SEC. 09.55.560)                                                                                                          
                                                                                                                                
MS. SAWYER  noted that  members' packets now  also contain  a six-                                                              
page  document   from  the  Goldwater  Institute   that  addresses                                                              
questions pertaining  to the model legislation -  developed by the                                                              
American Legislative  Exchange Council  (ALEC) -  upon which  HB 1                                                              
was modeled.                                                                                                                    
                                                                                                                                
2:17:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  [made  a motion]  that  the  conceptual                                                              
amendment be  divided into Conceptual  Amendment 1  and Conceptual                                                              
Amendment  2,  with  Conceptual  Amendment 1  being  the  proposed                                                              
change  to page 1,  lines 4-6,  and Conceptual  Amendment  2 being                                                              
the  proposed  change  to  page   2,  line  6.    There  being  no                                                              
objection, the conceptual amendment was so divided.                                                                             
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made   a  motion  to  adopt  Conceptual                                                              
Amendment 1 [original punctuation provided]:                                                                                    
                                                                                                                                
     Page 1, Line 4-6                                                                                                           
          Delete lines 4-6                                                                                                      
                                                                                                                                
REPRESENTATIVE KELLER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG said it  is generally the  legislature's                                                              
policy not to provide  for short titles in uncodified  law, and so                                                              
unless  there is  a  really important  reason,  regardless of  the                                                              
merits of  the bill,  he doesn't  see a need  for providing  for a                                                              
short title for HB 1.                                                                                                           
                                                                                                                                
REPRESENTATIVE KELLER  offered his understanding that  this is the                                                              
first  time   the  legislature   has  done  anything   related  to                                                              
healthcare freedom,  and shared his  belief that to call  the bill                                                              
the [Alaska  Health Freedom  Act], therefore,  implies that  there                                                              
may be more  adjustments needed later  on.  He said it  seems like                                                              
retaining that provision wouldn't cause harm but could help.                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  pointed out, though, that  if [the bill]                                                              
is called  the Alaska Health Freedom  Act, and it  is subsequently                                                              
added  to, it  could raise  questions regarding  whether any  such                                                              
addition still  falls under the  title, because currently  it only                                                              
addresses this one short policy.                                                                                                
                                                                                                                                
CHAIR  GATTO,  indicating agreement  with  Representative  Keller,                                                              
surmised  that  if  the  bill is  so  added  to,  its  short-title                                                              
provision could be deleted at a later date.                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG argued that  the phrase, "Alaska  Health                                                              
Freedom  Act" is  not  a  neutral term  and  connotes  that it  is                                                              
Alaska's  very best  policy for  healthcare.   So although  people                                                              
might agree with  the substance of the bill, they  might not agree                                                              
that  they  want  to  have that  kind  of  a  slanted  definition.                                                              
Again, very rarely  are bills given short titles.   In conclusion,                                                              
he  ventured  that  removal of  the  short-title  provision  might                                                              
render the bill less controversial.                                                                                             
                                                                                                                                
2:22:30 PM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.   Representative Gruenberg  voted in                                                              
favor of  Conceptual Amendment 1.   Representatives  Lynn, Keller,                                                              
Pruitt,  Thompson,  and  Gatto   voted  against  it.    Therefore,                                                              
Conceptual Amendment 1 failed by a vote of 1-5.                                                                                 
                                                                                                                                
2:23:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON  made  a  motion  to  adopt  [Conceptual]                                                              
Amendment 2 [original punctuation provided]:                                                                                    
                                                                                                                                
     Page 2, Line 6                                                                                                             
        Insert after health care provider (AS DEFINED IN                                                                      
     SEC. 09.55.560)                                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG  objected for the purpose  of discussion,                                                              
and suggested that that definition be made available to members.                                                                
                                                                                                                                
The committee took an at-ease from 2:24 p.m. to 2:27 p.m.                                                                       
                                                                                                                                
CHAIR  GATTO   noted  that   members  now  have   a  copy   of  AS                                                              
09.55.560(2), which read:                                                                                                       
                                                                                                                                
          (2) "health care provider" means an acupuncturist                                                                     
     licensed  under  AS  08.06; an  audiologist  or  speech-                                                                   
     language   pathologist  licensed   under  AS  08.11;   a                                                                   
     chiropractor   licensed  under   AS   08.20;  a   dental                                                                   
     hygienist  licensed under AS  08.32; a dentist  licensed                                                                   
     under  AS 08.36;  a  nurse licensed  under  AS 08.68;  a                                                                   
     dispensing   optician  licensed   under   AS  08.71;   a                                                                   
     naturopath  licensed  under  AS  08.45;  an  optometrist                                                                   
     licensed  under AS  08.72; a  pharmacist licensed  under                                                                   
     AS   08.80;  a   physical   therapist  or   occupational                                                                   
     therapist  licensed  under  AS  08.84;  a  physician  or                                                                   
     physician   assistant  licensed   under   AS  08.64;   a                                                                   
     podiatrist;   a   psychologist   and   a   psychological                                                                   
     associate  licensed  under   AS  08.86;  a  hospital  as                                                                   
     defined  in  AS 47.32.900,  including  a  governmentally                                                                   
     owned  or operated  hospital;  an employee  of a  health                                                                   
     care  provider acting  within  the course  and scope  of                                                                   
     employment;  an ambulatory  surgical facility and  other                                                                   
     organizations whose  primary purpose is the  delivery of                                                                   
     health    care,   including    a   health    maintenance                                                                   
     organization,    individual     practice    association,                                                                   
     integrated    delivery   system,   preferred    provider                                                                   
     organization  or arrangement,  and  a physical  hospital                                                                   
     organization;                                                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG expressed  concern that AS  09.55.560(2)                                                              
doesn't include midwives.                                                                                                       
                                                                                                                                
MS. SAWYER  mentioned that another  state used the  term, "lawful"                                                              
when referring to  health care providers, rather  than referencing                                                              
a specific definition.                                                                                                          
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he prefers  the approach  taken by                                                              
Amendment 2, since what may be considered "lawful" could change.                                                                
                                                                                                                                
2:30:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRUENBERG,   therefore,    made   a   motion   to                                                              
conceptually  amend  Conceptual Amendment  2  such  that it  would                                                              
include   midwives.     There  being   no  objection,   Conceptual                                                              
Amendment 2 was conceptually amended to that effect.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG  then   removed  his  objection  to  the                                                              
motion to adopt Conceptual Amendment 2.                                                                                         
                                                                                                                                
CHAIR  GATTO,  noting  that  there  were  no  further  objections,                                                              
relayed  that Conceptual  Amendment  2, as  conceptually  amended,                                                              
was adopted.                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked whether  HB 1 does  anything other                                                              
than set a policy.                                                                                                              
                                                                                                                                
MS. SAWYER indicated  that the bill is doing just  that, setting a                                                              
policy that  the [legislature] believes  in the right  established                                                              
by the Tenth  Amendment, that being  that the state has  the right                                                              
to regulate health insurance and healthcare services.                                                                           
                                                                                                                                
CHAIR  GATTO,  after  ascertaining  that  no one  else  wished  to                                                              
testify, closed public testimony on HB 1.                                                                                       
                                                                                                                                
2:32:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON moved  to report  the proposed  committee                                                              
substitute  (CS) for HB  1, Version  27-LS0006\B, Bailey,  4/1/11,                                                              
as amended, out  of committee with individual  recommendations and                                                              
the  accompanying  fiscal  notes.     There  being  no  objection,                                                              
CSHB 1(JUD)  was  reported  from   the  House  Judiciary  Standing                                                              
Committee.                                                                                                                      

Document Name Date/Time Subjects
HB215 Sponsor Statement 04-04-11.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 CS Version I 04-05-11.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 Version M 03-29-11.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 Relevant Statute 38.35.070.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 Relevant Statute 38.35.100.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 Relevant Statute 38.35.200.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 Relevant Statute 42.06.630.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 Fiscal Note-DNR-SPCO 04-01-11.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 Fiscal Note-DOR-AHFC 04-01-11.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 Fiscal Note-LAW-CIV 04-02-11.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 Supporting Documents-Pipeline Legislation 1973.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB215 Supporting Documents-Trans-Alaska Pipeline Act 01-19-04.pdf HJUD 4/6/2011 1:00:00 PM
HB 215
HB171 Proposed Amendment B.1 04-01-11.pdf HJUD 4/6/2011 1:00:00 PM
HB 171
HB1 Supporting Documents-Q&A Goldwater.pdf HJUD 4/6/2011 1:00:00 PM
HB 1