Legislature(1999 - 2000)

03/19/1999 03:30 PM House L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                                                                                
HB 121 - DENTAL CARE INSURANCE                                                                                                  
                                                                                                                                
Number 1318                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG announced the committee's next order of business                                                              
is HB 121, "An Act relating to patients' rights under a health care                                                             
insurance plan or contract providing coverage for dental care, and                                                              
prohibiting certain practices by health care insurers relating to                                                               
dental care."  The chairman noted in the meeting's opening                                                                      
statements that the committee would take public testimony on HB 121                                                             
at this hearing, discuss a future hearing, but not move the                                                                     
legislation at this time.  Chairman Rokeberg invited the bill                                                                   
sponsor forward.                                                                                                                
                                                                                                                                
Number 1326                                                                                                                     
                                                                                                                                
REPRESENTATIVE CON BUNDE, Alaska State Legislature, came forward.                                                               
He noted the short title of HB 121 would be "Dental Patients' Bill                                                              
of Rights."  This legislation is about allowing Alaskans the right                                                              
to maintain a high level of dental care.  It is about allowing                                                                  
Alaskans the options and flexibility in their dental care.  It is                                                               
about continued access to the best care the patients and their                                                                  
dentists think is appropriate. At root, he thinks it is about                                                                   
quality versus quantity.  It allows consumers to choose any dentist                                                             
they wish to see, including specialists.  It prohibits insurers                                                                 
from reimbursing a covered person at a different rate because of                                                                
the person's choice of dentist.  It gives covered people the right                                                              
to receive full information regarding their care options, without                                                               
fear of adverse actions from insurance companies.  It allows                                                                    
patients to take civil action against health care insurers to                                                                   
enforce their rights and requires any dental treatment plan review                                                              
or utilization review to be conducted by a dentist.  While it is a                                                              
dental patient bill of rights, Representative Bunde commented it is                                                             
also a small business bill of rights.                                                                                           
                                                                                                                                
REPRESENTATIVE BUNDE noted the vast majority of dental practices                                                                
are small businesses.  He indicated Alaska is, and ought to be,                                                                 
somewhat protective of its small businesses.  Alaskans should have                                                              
some concerns about what large out-of-state corporations might do                                                               
to reduce Alaskan small businesses' opportunity to make productive                                                              
livings and contributions to Alaskans.  Representative Bunde said                                                               
he is presenting the bill from both the patients' point of view and                                                             
the rights of small businesses in Alaska.  He commented on a common                                                             
tendency to elevate health care professionals to a pedestal, not                                                                
recognizing they have basic human needs.  He noted one of dentists'                                                             
needs are to have successful and profitable businesses.  With that,                                                             
Representative Bunde commended HB 121 to the committee.  It                                                                     
protects average Alaskans and their rights to quality dental care                                                               
and it protects the Alaskan small business.                                                                                     
                                                                                                                                
Number 1485                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked if there is a problem with the current                                                              
level of care.                                                                                                                  
                                                                                                                                
REPRESENTATIVE BUNDE replied there is a problem with the quality of                                                             
care, noting he had indicated the quantity/quality concerns.  He                                                                
mentioned the possibility of problems with quality care if                                                                      
patients' access and amount of time with their dentist is limited,                                                              
if the bottom line and the impact on large corporations are the                                                                 
only concerns.  Representative Bunde indicated this is being looked                                                             
at as preventative legislation, drawing the analogy to dentistry's                                                              
common focus on preventative rather than restorative.                                                                           
                                                                                                                                
REPRESENTATIVE HALCRO mentioned the committee's previous hearing of                                                             
the Mental Health Parity Task Force Report [February 22, 1999]                                                                  
which recommended that the state mandate mental health care.                                                                    
Representative Halcro said the report had statistics showing a                                                                  
current problem existed with people not getting covered and the                                                                 
associated costs, albeit the supporting numbers were from                                                                       
out-of-state.  He commented the supporting letters in the bill                                                                  
packet are all from dentists and he questioned if there has been                                                                
any correspondence or outcry for this to be changed.                                                                            
                                                                                                                                
Number 1568                                                                                                                     
                                                                                                                                
REPRESENTATIVE BUNDE replied it is more preventative than                                                                       
restorative, as he had said, but he noted Dr. Logan [President,                                                                 
Alaska Dental Society] could give more direct information.                                                                      
Representative Bunde said there is also a patient online to                                                                     
testify.                                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG commented on the sponsor's point that the                                                                     
legislation may be the small business bill of rights.  The chairman                                                             
noted the first goal of the Labor and Commerce Committee [House                                                                 
Labor and Commerce Standing Committee] is the protection of small                                                               
business.  He said a 180 degree shift could be made; small business                                                             
could be negatively impacted by this bill because of an inability                                                               
to get cheaper health care.  The chairman indicated this is not                                                                 
necessarily his belief but he thinks the sponsor will receive that                                                              
argument.                                                                                                                       
                                                                                                                                
Number 1615                                                                                                                     
                                                                                                                                
REPRESENTATIVE BUNDE replied it is a matter of quality or quantity.                                                             
He noted a person could get some very inexpensive dental care if he                                                             
or she did not want to have access to specialists, spend more than                                                              
two minutes with the dentists, and have accountants in Milwaukee                                                                
making decisions about his or her care.  Representative Bunde said                                                              
he thinks the compromise lies in the middle.                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG asked if he knew from discussions with the dental                                                             
society how many people in the state have dental care, whether                                                                  
ERISA [federal Employee Retirement and Income Security Act],                                                                    
non-ERISA or total.                                                                                                             
                                                                                                                                
REPRESENTATIVE BUNDE pointed out HB 121 would not cover anyone with                                                             
an ERISA policy.  He indicated he would refer the question to Dr.                                                               
Logan.                                                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG announced that for four years the committee has                                                               
been trying unsuccessfully to find out how many people in Alaska                                                                
are either insured or non-insured, and what type of insurance they                                                              
are covered under.  The chairman mentioned concerns with specific                                                               
issues that have negative impacts, and problems with legislation                                                                
that creates an insurance mandate.  He asked, however, if it would                                                              
be a fair characterization that this is a bill of choice rather                                                                 
than a mandate.                                                                                                                 
                                                                                                                                
Number 1694                                                                                                                     
                                                                                                                                
REPRESENTATIVE BUNDE agreed.  Regarding the chairman's comment                                                                  
about numbers, Representative Bunde noted the numbers are difficult                                                             
to get from various sources.  He stated he believes all businesses                                                              
have a right to make a profit, indicating he does not wish economic                                                             
harm to either an insurance company or to a dentist.  Most                                                                      
importantly, he doesn't want the patient to be negatively impacted.                                                             
Using the 'no such thing as a free lunch' analogy, Representative                                                               
Bunde commented he is not coming before the committee with the idea                                                             
he is going to create the expectations in Alaskans seeking dental                                                               
care that there is a free lunch.                                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG thanked both the sponsor and his staff member,                                                                
Patti Swenson, for their presence.  The chairman said the committee                                                             
would next take teleconference testimony from Anchorage.                                                                        
                                                                                                                                
Number 1775                                                                                                                     
                                                                                                                                
JANET OATES, Director of Government Relations, Providence Health                                                                
System, testified via teleconference from Anchorage in opposition                                                               
to HB 121.  Ms. Oates spoke from a prepared statement:                                                                          
                                                                                                                                
     "Providence expresses concern about HB 121.  We certainly                                                                  
     understand that dentists are worried about protecting                                                                      
     their incomes.  But at the same time we urge you to                                                                        
     consider the needs of many Alaskan businesses who are                                                                      
     doing their best to provide health and dental benefits to                                                                  
     their employees.                                                                                                           
                                                                                                                                
     "Contracting for preferred provider relationships has                                                                      
     been a significant factor in keeping insurance and health                                                                  
     industry rates from spiraling out of control in Alaska.                                                                    
     And those of you who've heard us testify in the past know                                                                  
     how it works:  it's basically a negotiated discount                                                                        
     pricing in exchange for patient volume.  This bill would                                                                   
     eliminate the possibility of that approach in dental                                                                       
     coverage.                                                                                                                  
                                                                                                                                
     "We've also commented in the past about the issue of                                                                       
     choice.  And this bill talks about the covered person's                                                                    
     choice.  But it doesn't address the choice of an employer                                                                  
     who offers a dental benefit and may well be covering a                                                                     
     significant portion of the cost.  When it comes to                                                                         
     choosing no dental benefit or a benefit with a certain                                                                     
     list of preferred providers, we suspect that many                                                                          
     employers - and employees - would go with the latter.                                                                      
     This bill interferes with an employer's opportunity to                                                                     
     choose and manage affordable benefit package[s] which                                                                      
     then in turn reduces access to care for many Alaskans.                                                                     
                                                                                                                                
     "Providence isn't in the dental business, but as one of                                                                    
     the state's largest employers we know a lot about the                                                                      
     cost of providing health and dental benefits to our own                                                                    
     employees.  And as a health care provider, we know the                                                                     
     number of uninsured adults in Alaska remains high, and we                                                                  
     would concur with reports we've seen that that number is                                                                   
     about 80,000 or more Alaskans.  And from both                                                                              
     perspectives - as an employer and as a health care                                                                         
     provider - we really caution you against taking actions                                                                    
     that discourage employers from offering decent health and                                                                  
     dental plans.  And we humbly suggest that Representative                                                                   
     Bunde's bill would have exactly ... an opposite effect                                                                     
     from that which he's seeking.  In health care, quantity                                                                    
     equals experience, and experience equals quality.                                                                          
                                                                                                                                
     "Last year we saw the chiropractors carve out their own                                                                    
     protection in SB 197.  This bill carves out special                                                                        
     protection for dentists.  This isn't the path to greater                                                                   
     health access for Alaskans and we urge you not to pass                                                                     
     this bill."                                                                                                                
                                                                                                                                
Number 1903                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked about the 80,000 figure Ms. Oates used.                                                                 
                                                                                                                                
MS. OATES indicated the figure of 80,000 uninsured adults came out                                                              
of state and Medicaid figures and percentages of Providence's                                                                   
patients.  Providence feels that figure is pretty accurate.                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG confirmed Ms. Oates agreed one of the Alaska's                                                                
biggest problems is the state's large uninsured population.  He                                                                 
asked if Providence is the state's largest employer.                                                                            
                                                                                                                                
MS. OATES indicated she believes they are the second largest                                                                    
private employer after Carr-Gottstein Foods Company/Safeway                                                                     
Incorporated.  In response to the chairman's further questions                                                                  
about the benefits Providence provides to its employees, Ms. Oates                                                              
explained employees can choose from several plans, and they do                                                                  
offer comprehensive dental benefits at three levels.  She noted                                                                 
Marci Burton could probably describe those levels better.  Ms.                                                                  
Oates said Ms. Burton is in charge of Providence's benefit and                                                                  
coordinated care plans.                                                                                                         
                                                                                                                                
Number 1975                                                                                                                     
                                                                                                                                
MARCI BURTON, Regional Director for Managed Care and Physician                                                                  
Integration, Providence Health System, testified next via                                                                       
teleconference from Anchorage.  Providence currently offers its                                                                 
employees four plans.  One is a coordinated care plan which                                                                     
functions much like a point-of-service plan.  Employees can choose                                                              
to go to a primary care provider and have their care directed by                                                                
that provider.  If the employees go through that provider and use                                                               
the referrals directed by the provider, care is covered at 80                                                                   
percent, a larger percentage.  However, the employees can also go                                                               
to any provider of the employees' choice.  Benefit coverage still                                                               
exists but is provided at a lesser rate.  Providence's other three                                                              
plans are straight indemnity plans with varying degrees of                                                                      
deductibles.                                                                                                                    
                                                                                                                                
REPRESENTATIVE BUNDE noted, in regards to the 80,000-plus figure                                                                
given for Alaskans without health insurance, that many Alaskans may                                                             
have chosen a self-reliant lifestyle, away from government, which                                                               
makes them unlikely to be involved in any business that would                                                                   
provide any health coverage.  He indicated care must be taken not                                                               
to deny this reality, and commented he thinks there will always be                                                              
a large percentage of Alaskans who are not in any insurance pool.                                                               
Representative Bunde noted this unfortunately causes those who are                                                              
in the insurance pool to pay more, but this freedom of choice                                                                   
exists.  Representative Bunde reiterated that although health care                                                              
might have a revered status, it is still a business and health care                                                             
will not exist if practitioners and providers do not stay in                                                                    
business.  He indicated small providers in many communities go out                                                              
of business when large entities begin competing; he doesn't know                                                                
that encouraging this situation produces better dental care.                                                                    
                                                                                                                                
Number 2080                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked Ms. Oates if Providence's dental care                                                               
is in the form of a PPO [preferred provider organization].                                                                      
                                                                                                                                
MS. OATES replied it is not, and she is not aware of any plan in                                                                
the state that has a preferred provider relationship for dentists.                                                              
She indicated she understands this legislation is concerned with                                                                
future possibilities in regards to dentists.                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG asked Ms. Burton to send the committee a copy of                                                              
Providence's employee dental coverage, thanking both Ms. Oates and                                                              
Ms. Burton for their participation.                                                                                             
                                                                                                                                
Number 2143                                                                                                                     
                                                                                                                                
WILLIAM FELL, DDS, testified next via teleconference from Anchorage                                                             
in support of HB 121.  He is an Anchorage dentist and belongs to a                                                              
national board, Alliance for Dental Reimbursement Plans, which is                                                               
mainly a patients' rights organization.  Dr. Fell indicated he has                                                              
been working on this issue for many years.  For years the providers                                                             
have (indisc.) law that they cannot charge a different fee for                                                                  
patients in an insurance system compared to a non-insurance system.                                                             
They are mandated to charge the same fee.  House Bill 121 mandates                                                              
the insurance companies to reimburse at the same fee, making a fair                                                             
playing field.  Dr. Fell refuted Ms. Oates' analogy that quantity                                                               
equals experience and experience equals quality.  He noted it                                                                   
certainly does not work that way in dentistry.                                                                                  
                                                                                                                                
DR. FELL described that to make a profit under a low fee system, a                                                              
dentist has to see a lot of patients and spend a very short time to                                                             
accomplish things.  The dentist can either speed up his/her work                                                                
which often puts the dentist beyond his/her highest quality levels,                                                             
or delegate some of the procedures to incompletely-trained                                                                      
ancillary personnel.  As a result, if the dentist performs this                                                                 
kind of service day in and day out, he/she loses proficiency at the                                                             
more difficult tasks.  Therefore, in dentistry quantity does not                                                                
always result in experience that allows a dentist to improve                                                                    
his/her quality.  His experience is that most practitioners working                                                             
in these facilities become disgusted with their competency level.                                                               
                                                                                                                                
DR. FELL indicated this practice may work in an emergency room, but                                                             
not in dentistry if it is necessary to generate income from every                                                               
procedure.  Time is needed to do it correctly.  Dr. Fell noted it                                                               
would be an unfair situation, and would not be tolerated in the                                                                 
state, if a person receives $1,000 for his/her Permanent Fund                                                                   
Dividend if it is spent at a state store but only $800 if it is                                                                 
spent at COSTCO [COSTCO Wholesale Corporation].  He commented this                                                              
legislation is just making it a fair relationship for the patient.                                                              
The patient would be receiving equitable treatment from not only                                                                
the provider but also from the insurer.                                                                                         
                                                                                                                                
Number 2268                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked if Dr. Fell had lost any patients due                                                               
to this.                                                                                                                        
                                                                                                                                
DR. FELL replied patients usually feel the insurance company                                                                    
represents and protects them, but the reality of the relationship                                                               
is that it is profit-driven from the insurance company's side.  He                                                              
indicated he thinks an unfair relationship exists and it probably                                                               
does have adverse effects on dentists' patients.  He described that                                                             
an insurance company practice is to send patients letters telling                                                               
them the services rendered are above normal and customary fees                                                                  
without any justification in terms of [the fees of] corresponding                                                               
other dentists in the specific area.  This puts the dentists into                                                               
an adversarial role with their patients - the patients are being                                                                
told the dentists are somehow untruthful or unjust with regards to                                                              
the patients' treatment.  Dr. Fell indicated this misunderstanding                                                              
is usually resolved but it still puts a strain on the                                                                           
dentist-patient relationship.  He is sure that over 30 years of                                                                 
practice some patients, who had trusted him previously, have not                                                                
returned because of a letter from an insurance company.                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG asked, in the way dental coverage is usually                                                                  
written, does the patient usually seek preapproval or does Dr.                                                                  
Fell's office contact the insurer.  He noted his cost concern about                                                             
the bill's current language regarding the utilization review                                                                    
approval in the first instance by a peer-level dentist.                                                                         
                                                                                                                                
Number 2361                                                                                                                     
                                                                                                                                
DR. FELL responded his office tries to provide that service for                                                                 
each patient who wants it done.  As a courtesy and good business                                                                
policy, his office submits the proposed procedure(s) to the insurer                                                             
and the insurer sends back an estimate of coverage.  He noted                                                                   
sometimes a patient knows his/her coverage for a specific procedure                                                             
from past experience, so a predetermination is not necessary before                                                             
treatment.  Dr. Fell described his frustration with an out-of-state                                                             
reviewer in one situation.  He had performed a particular procedure                                                             
and corrected the problem for less than the allowed amount but the                                                              
insurer refused to pay.  Dr. Fell indicated he had performed                                                                    
appropriate care for the patient and the patient was satisfied, but                                                             
the reviewer said the insurer would not cover the procedure.  Dr.                                                               
Fell said the reviewer refused to reveal whether or not he was                                                                  
actually a dentist and became angry when asked how many years he                                                                
had been in practice.  Dr. Fell indicated review by an experienced                                                              
dentist is sometimes appropriate; he expressed his amazement the                                                                
insurer would refuse to pay for something that cost less money and                                                              
solved the problem.                                                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG asked, "Correct me if I'm wrong, but you're                                                                   
saying that when you got preapproval, authorization, and (indisc.)                                                              
estimate - and in this instance, the refusal to pay and you made an                                                             
inquiry - you talked to a person at the end of the phone ...  And                                                               
so you weren't sure what level of competency they had?"                                                                         
                                                                                                                                
Number 2451                                                                                                                     
                                                                                                                                
DR. FELL agreed he had spoken by phone; he indicated one has no                                                                 
ability to determine the reviewers' competency levels.  In a recent                                                             
incident a particular carrier had hired an outside dentist as an                                                                
independent adviser.  Dr. Fell noted that relationship was very                                                                 
good:  the other dentist was open about his experience, listened to                                                             
Dr. Fell, and agreed he had performed the correct procedure.                                                                    
However, a number of times they speak with people who may not be                                                                
dentists or who refuse to reveal it if they are.                                                                                
                                                                                                                                
CHAIRMAN ROKEBERG asked if there is any utilization review done in                                                              
Alaska rather than somewhere in the Lower 48.                                                                                   
                                                                                                                                
Number 2489                                                                                                                     
                                                                                                                                
DR. FELL replied, "I used to be a Blue Cross representative for a                                                               
period of time and I think Blue Cross still has -- and some of the                                                              
other carriers may have up here, but what's the amazing thing that                                                              
a lot of people don't know is most..." [TESTIMONY INTERRUPTED BY                                                                
TAPE CHANGE]                                                                                                                    
                                                                                                                                
TAPE 99-27, SIDE B                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
DR. FELL continued, "... dentists in terms of quality of work or                                                                
whether it was appropriate work, it really comes down to peer                                                                   
review which is a voluntary organization made up of Alaska                                                                      
dentists.  And we solve those problems and do not assess the                                                                    
patient the fee for it.  And it's always been that way.  And so the                                                             
real protector -- and on our board, we have a lay person that                                                                   
represents non-dental interests, and it's amazing, many times the                                                               
lay person (indisc.) partisan to this is the one that tells the                                                                 
reviewing dentist to back off.  ... In grade school they ask you to                                                             
pass your paper to the left, you usually got a tougher grading job                                                              
from your peers than you did from the instructor."  Dr. Fell thinks                                                             
the dentists belonging to the peer review system are doing their                                                                
very best to assure quality of care.  He indicated the attempt is                                                               
always made to be fair on both sides and the presence of a lay                                                                  
person assures that it will be a fair judgement.                                                                                
                                                                                                                                
Number 0045                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked Dr. Fell if he has ever been approached to                                                              
join any kind of a managed care organization, or to provide limited                                                             
service, or [service] to a limited group of people.                                                                             
                                                                                                                                
DR. FELL replied he has a significant file of all the offers.  He                                                               
always tries to keep an open mind because he has patients who                                                                   
belong to these groups and he is not opposed to the concept of a                                                                
PPO, HMO [health maintenance organization], et cetera.  His main                                                                
desire is that it be open-ended, which this bill would somewhat                                                                 
ensure:  if someone leaves [the plan] he/she will be reimbursed at                                                              
the same level.  Unfortunately, he hasn't found one that reimburses                                                             
at a rate he could afford for the amount of time the procedures                                                                 
take him.  Dr. Fell noted he accepts the lower Medicaid and                                                                     
Veterans Administration set reimbursement levels without question                                                               
because the patients need the assistance or have served their                                                                   
country; he does that because he thinks it is part of what is                                                                   
right.                                                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG asked if he knew of panels of dentists working in                                                             
Alaska.                                                                                                                         
                                                                                                                                
DR. FELL replied there are some organizations with a list of                                                                    
selected dentists that they prefer their employees to use.  This                                                                
fits his definition of preferred provider organizations.  ARCO                                                                  
[ARCO Alaska, Incorporated] and the Champus program [for military                                                               
dependents] have these, and there may be more.  Dr. Fell indicated                                                              
one argument given is that if these organizations do not have                                                                   
control over which providers the patient base use, they will not be                                                             
able to attract providers.  However, as long as these organizations                                                             
provide the dentist enough to have an economically positive                                                                     
relationship with the patient, they will always get their list of                                                               
preferred providers.  For example, Concordia [United Concordia                                                                  
Companies, Incorporated] initially offered an amount that would not                                                             
allow dentists' to cover their overhead.  No one signed up.                                                                     
Concordia threatened that it would bring its own dentists up, but                                                               
soon changed its fee schedule just enough so that a few dentists                                                                
joined.  He commented the companies did not have to control                                                                     
people's freedom of choice to get providers.  Dr. Fell noted the                                                                
environment in Alaska is very competitive for dentists.                                                                         
                                                                                                                                
Number 0191                                                                                                                     
                                                                                                                                
MARIANNE BURKE, Director, Division of Insurance, Department of                                                                  
Commerce and Economic Development, came forward to comment on HB
121.  As has been mentioned, HB 121 will not affect federal                                                                     
programs like Champus or self-insured employers covered by ERISA                                                                
like ARCO.  House Bill 121 will also not affect state self-insured                                                              
plans, any federal plan, or the Indian Health Service (IHS).                                                                    
Noting that, Ms. Burke pointed out there is already legislation in                                                              
place dealing with a number of the bill's provisions; these bill                                                                
provision are redundant.  No law prohibits choice and the division                                                              
has the statutory authority to enforce that.  No plan can restrict                                                              
a patient's choice of health care provider, but there may be a                                                                  
difference in reimbursement.  No law permits "gag order" or less                                                                
than full disclosure.  The division has statutory authority under                                                               
AS 21.36 to enforce prohibitions against such unfair trade                                                                      
practices.  This law has been in existence for quite a long time.                                                               
Ms. Burke noted the division has no record of receiving a complaint                                                             
from any Alaskan about a gag order regarding any type of insurance,                                                             
not just dental.                                                                                                                
                                                                                                                                
Number 0293                                                                                                                     
                                                                                                                                
MS. BURKE agreed that utilization review should be performed by a                                                               
peer.  Someone reviewing proposed treatment for a patient's dental                                                              
problem should be qualified to make those decisions.  Ms. Burke                                                                 
noted there is sufficient statutory authority currently and the                                                                 
division has enforced this.  In a market conduct examination on                                                                 
health care providers done by the division about three years                                                                    
previously, the division found the preliminary utilization review                                                               
was being done by registered nurses (RNs).  This was corrected.                                                                 
The division insists on peer-to-peer review.  In response to the                                                                
chairman's question that the Alaska Statutes contain peer review                                                                
mandates for utilization review, Ms. Burke replied that if the                                                                  
review is not done by a peer, it is an unfair trade practice and                                                                
the division would enforce it as such.  In response to the                                                                      
chairman's request, Ms. Burke agreed to provide the committee with                                                              
the line of reasoning, statutory reference, supporting case law,                                                                
and the specific market conduct examination.  Ms. Burke continued                                                               
that HB 121, as written, would require the dentist performing the                                                               
review to be Alaska-licensed.  Nothing currently requires the                                                                   
person reviewing proposed treatment to have state licensure; she is                                                             
not currently aware of any state requiring this.                                                                                
                                                                                                                                
Number 0414                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG said he did not believe the legislation mandated                                                              
that the dentist be in Alaska.  He referred the question to                                                                     
Representative Bunde.                                                                                                           
                                                                                                                                
REPRESENTATIVE BUNDE indicated the legislation just says "dentist".                                                             
                                                                                                                                
MS. BURKE referred to the last definition in the bill, subsection                                                               
(e), "(e) In this section, "dentist" means a person licensed in the                                                             
state to practice dentistry."                                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG agreed he sees the point.  He noted he does not                                                               
think that was the intent and the definition could be corrected.                                                                
                                                                                                                                
REPRESENTATIVE BUNDE indicated there may be reciprocity on                                                                      
licenses; the legislation doesn't specify the dentist must reside                                                               
in the state.                                                                                                                   
                                                                                                                                
Number 0461                                                                                                                     
                                                                                                                                
MS. BURKE continued.  She thinks the heart of HB 121 is the                                                                     
restriction on an insurer from directly or indirectly reimbursing                                                               
a covered person at a different rate because of the person's choice                                                             
of dentist.  Ms. Burke agreed with the previous testimony that this                                                             
is the core of controlling health care cost.  For example, the                                                                  
state's mental health plan has a similar provision which helps the                                                              
state manage and control spiraling health care costs.  Ms. Burke                                                                
indicated health care costs in Alaska are spiraling upwards.  There                                                             
are no HMOs in Alaska.  There has been enabling statute since 1990.                                                             
Although the division occasionally receives calls, Ms. Burke                                                                    
indicated Alaska's geography and limited health care resources                                                                  
deter the formation of HMOs.  Only one city has more than two                                                                   
hospitals.  Even Anchorage probably does not have an excess of                                                                  
specialists in any particular field.  An excess of specialists                                                                  
would be the core necessity for an HMO to be really effective.  The                                                             
division does not know of any PPO for dental services in the                                                                    
insured market although a number ERISA plans do have PPOs.  State                                                               
legislation has no authority over ERISA plans.  Ms. Burke described                                                             
that in a PPO the person paying for the care - the insurer or                                                                   
employer - contracts with a health care provider for the provision                                                              
of care at a particular price.  In exchange, the person receives a                                                              
higher reimbursement for using the contracted providers.  The                                                                   
savings are passed on to the employee or covered patient.  No                                                                   
limits are placed on the time the provider can spend with the                                                                   
patient and the patient is not mandated to see a contracted                                                                     
provider.   Ms. Burke indicated the provision restricting an                                                                    
insurer from directly or indirectly reimbursing a covered person at                                                             
a different rate because of the person's choice of dentist would                                                                
effectively eliminate those arrangements.                                                                                       
                                                                                                                                
Number 0627                                                                                                                     
                                                                                                                                
MS. BURKE indicated denial of coverage, cancellation of health care                                                             
policy, or other action against a covered person or dentist because                                                             
rights are asserted, are also unfair trade practices.  The division                                                             
can and does enforce against those practices through its statutory                                                              
authority.  Complaint forms are available through the Internet or                                                               
by calling the division.  She assured the committee that when the                                                               
division becomes involved the insurance companies listen.  The                                                                  
companies do business in Alaska under a certificate of authority                                                                
issued by the division.  Regarding the bill provision concerning                                                                
civil action, the division is not aware of any current prohibition                                                              
on this.  In many cases involving health care the division has                                                                  
recovered hundreds of thousands of dollars from insurers and has                                                                
been able to resolve disputes in favor of the consumer.  Ms. Burke                                                              
noted the consumer is not always right but it is the division's job                                                             
to protect the consumer - to help even the playing field.                                                                       
                                                                                                                                
Number 0718                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG commented that utilization review by Outside                                                                  
companies on a contractual basis has been one of the biggest forms                                                              
of health complaints in the state for a number of years.  He                                                                    
questioned whether enforcing unfair trade practices theories                                                                    
against these utilization review people is a new practice.                                                                      
                                                                                                                                
MS. BURKE responded that it has been around a long time and the                                                                 
division routinely uses this.  Ms. Burke indicates there is a real                                                              
misunderstanding about UCRs [usual-customary-reasonable].  This is                                                              
not saying that some health care provider is charging too much.                                                                 
Many insurance contracts offer reimbursement at a percentage of                                                                 
what is the "usual and customary" [charge for the service].  By                                                                 
regulations, the "usual and customary" must be based on a                                                                       
population large enough to have some validity.  "Usual and                                                                      
customary" must be based on Alaska data to the extent possible, but                                                             
Ms. Burke indicated Outside data may also be used if Alaska data is                                                             
insufficient.  The division often receives complaints about "usual                                                              
and customary."  Ms. Burke noted in a complaint the division first                                                              
examines the consumer's policy to see what it provides.  She added,                                                             
"If it's only 80 percent of usually and customary, then it is                                                                   
profitable under the terms of that policy."  Ms. Burke indicated                                                                
she thinks consumers may not always understand, and the booklets                                                                
provided to them, especially by self-insureds, are not always very                                                              
clear on that matter.                                                                                                           
                                                                                                                                
Number 0829                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG questioned if the ERISA umbrella could be pierced                                                             
for enforcement using the unfair trade practice theory.                                                                         
                                                                                                                                
MS. BURKE replied she really wishes she could, but ERISA has been                                                               
in existence since 1974 and has been tested by every state in one                                                               
way or another.  It has gone all the way to the Supreme Court and                                                               
has consistently been upheld.  She clarified for the chairman that                                                              
the unfair trade practices she has been speaking of are in Chapter                                                              
36 of the insurance statutes, Title 21 [AS 21.36], and are specific                                                             
to insurance.                                                                                                                   
                                                                                                                                
REPRESENTATIVE HALCRO noted Ms. Burke had commented that the                                                                    
division has received no complaints about any patients having any                                                               
choice issues.                                                                                                                  
                                                                                                                                
MS. BURKE clarified that the division has not received any                                                                      
complaints about insurance companies refusing to cover because                                                                  
someone went to a dentist of his/her choice.  She noted the                                                                     
reimbursement level may be different.  In response to                                                                           
Representative Halcro's question about where he would go if he is                                                               
caught in a situation HB 121 is trying to prevent, Ms. Burke                                                                    
replied this is the division's statutory responsibility; this has                                                               
been upheld by the supreme court.  The division has authority over                                                              
insured plans, but not ERISA, state or federal plans.  The division                                                             
routinely receives and handles complaints on any number of                                                                      
different subjects; Ms. Burke stated she is very proud of the                                                                   
division's record of successful and timely resolution.  In response                                                             
to the chairman's query about letters he has sent, Ms. Burke noted                                                              
she thinks they have an appointment.                                                                                            
                                                                                                                                
Number 1006                                                                                                                     
                                                                                                                                
GORDON EVANS, Lobbyist for Health Insurance Association of America                                                              
(HIAA), came forward to testify in opposition to HB 121.  He noted                                                              
HIAA is a national association of commercial health insurance                                                                   
companies that provides health insurance for approximately 55                                                                   
million Americans.  About 260 companies are involved, but not all                                                               
are licensed in Alaska.  Mr. Evans spoke from a prepared statement:                                                             
                                                                                                                                
     "HIAA strongly opposes House Bill 121, and with all due                                                                    
     respect to my friend, the sponsor of the bill, we feel                                                                     
     that HB 121 is really anti-consumer legislation.  If                                                                       
     you'd let me dissect the bill paragraph by paragraph in                                                                    
     a speedy way I'll try -- actually Director Burke did much                                                                  
     of this already.                                                                                                           
                                                                                                                                
     "... Sections (a)(1) and (c)(1) are so closely                                                                             
     intertwined that I'll discuss them together.  Under                                                                        
     Section (a)(1), a health care insurance plan could not                                                                     
     include a provision prohibiting a person from obtaining                                                                    
     dental care services from dentist of the person's choice,                                                                  
     including a specialist.  As you're probably aware,                                                                         
     managed care plans attract providers by guaranteeing                                                                       
     access to a specified pool of enrollees, and most health                                                                   
     plans now offer the option of ... going out of the plan's                                                                  
     provider network if the enrollee is willing to pay a                                                                       
     surcharge to make up for the added cost.  And that's as                                                                    
     it should be, since out-of-network providers haven't                                                                       
     offered these enrollees the volume discount that others                                                                    
     get."                                                                                                                      
                                                                                                                                
Number 1083                                                                                                                     
                                                                                                                                
     "... Proposed section (c)(1) which requires the same rate                                                                  
     of reimbursement regardless of choice of dentist would                                                                     
     make it very difficult for PPOs to negotiate discounts                                                                     
     with dentists in their network in return for a guarantee                                                                   
     that the network dentist receive a certain volume of                                                                       
     business.  And these volume discounts are now one of the                                                                   
     primary ways that costs of care are kept down, even more                                                                   
     so than management of care.                                                                                                
                                                                                                                                
     "... This provision would make it difficult, if not                                                                        
     impossible, for health plans to allow enrollees to                                                                         
     benefit from these negotiated discounts and so consumers                                                                   
     ultimately will be the losers.                                                                                             
                                                                                                                                
     "HIAA has no problem with section (a)(2) which regards                                                                     
     information on treatment options.  We believe a person                                                                     
     should be told which treatment options are in his or her                                                                   
     best interest.  In recent years there's been a lot of                                                                      
     talk that people should be told ... what the care should                                                                   
     be for their conditions, and HIAA tells me they're at a                                                                    
     loss to understand why this is coming up because they                                                                      
     don't know that it's not being done. ..."                                                                                  
                                                                                                                                
Number 1148                                                                                                                     
                                                                                                                                
     "With regard to section[s] (b) and (e) of the bill on                                                                      
     page 2, HIAA believes it's both unnecessary and unwise to                                                                  
     require that all utilization review decisions be                                                                           
     conducted by a dentist licensed in this state, and we                                                                      
     interpret [it] the same way ....  It's unlikely that most                                                                  
     health plans can have a dentist licensed in Alaska review                                                                  
     all dental care utilization review decisions.  Many of                                                                     
     these national plans have licensed dentists and other                                                                      
     licensed health care professionals perform the review,                                                                     
     but can't possibly have them all licensed in all states.                                                                   
                                                                                                                                
     "And finally, Mr. Chairman, HIAA has problems with                                                                         
     section (c)(2) which would prohibit an insurer from                                                                        
     denying coverage, canceling a plan, or otherwise taking                                                                    
     action against either the insured or a dentist for                                                                         
     asserting a right described in the legislation, and also                                                                   
     with section (d) which would allow an insured to file                                                                      
     suit against the insurer to enforce the insured's rights                                                                   
     under the legislation.  ... We believe the Division of                                                                     
     Insurance already has existing authority regarding unfair                                                                  
     trade practices which covers both circumstances, and                                                                       
     that's just what Director Burke just told you.  ... [As]                                                                   
     a side comment, allowing private causes of action, or                                                                      
     pointing out that they may sue this when it's already                                                                      
     their right, could only serve to possibly further clog up                                                                  
     an oversaturated court system, and I say that as a                                                                         
     lawyer, that too many lawsuits have been filed already."                                                                   
                                                                                                                                
Number 1253                                                                                                                     
                                                                                                                                
REPRESENTATIVE BRICE asked if Mr. Evans knew how many insurers in                                                               
the state provide dental coverage.                                                                                              
                                                                                                                                
MR. EVANS replied he did not.                                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Evans how many companies he represents.                                                             
                                                                                                                                
MR. EVANS replied he represents the association.  In response and                                                               
in response to the chairman's further question about how many of                                                                
the association's members do business in Alaska, Mr. Evans said he                                                              
believes there are 267 companies [in the association] and most of                                                               
them are licensed to do business in Alaska but do not do business                                                               
here.  He commented that Aetna [Aetna U.S. Healthcare] is once                                                                  
again a member of the association.  Because Aetna has the state                                                                 
employees, the company would naturally have a lot of policies.                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG indicated that Aetna, however, is the third-party                                                             
administrator of the state's self-insured plan.                                                                                 
                                                                                                                                
Number 1328                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked how those companies headquartered in                                                                
the Lower 48 would be able to abide by subsection (b) - if the                                                                  
dentist doing the review had to be "registered" [licensed] in                                                                   
Alaska.  Subsection (b) reads:                                                                                                  
                                                                                                                                
          (b) A health care insurance plan or contract that                                                                     
     provides coverage for dental services that allows the                                                                      
     health care insurer to review a treatment plan or conduct                                                                  
     a utilization review must contain a provision that a                                                                       
     treatment plan review or utilization review relating to                                                                    
     dental care for a covered person receiving treatment in                                                                    
     this state must be conducted by a dentist.                                                                                 
                                                                                                                                
MR. EVANS replied claims are usually sent to the company claim                                                                  
office.                                                                                                                         
                                                                                                                                
REPRESENTATIVE HALCRO questioned whether there was any local review                                                             
going on.                                                                                                                       
                                                                                                                                
MR. EVANS replied generally not.  He indicated some companies                                                                   
might, but it just depends.  Most of the insurance companies                                                                    
contract with utilization review companies for this service, and                                                                
most of the utilization review companies are located in the Lower                                                               
48.                                                                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG questioned if the companies HIAA represents who                                                               
do business in Alaska are in conformance with the peer treatment                                                                
plan review and utilization review Ms. Burke indicated the Division                                                             
of Insurance enforces under AS 21.36.                                                                                           
                                                                                                                                
MR. EVANS replied that is his understanding.                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG questioned how that worked, asking if a person                                                                
telephoning speaks to the health care professional in that specific                                                             
field.                                                                                                                          
                                                                                                                                
Number 1436                                                                                                                     
                                                                                                                                
MR. EVANS said he could not answer completely.  The general                                                                     
practice is to get a peer - someone in that particular field.                                                                   
However, he indicated he thinks there are probably times when the                                                               
reviewer may not be an exact peer.                                                                                              
                                                                                                                                
CHAIRMAN ROKEBERG commented the biggest complaint seems to be                                                                   
nurses making medical decisions.  He expressed his concern, though,                                                             
that it is a waste of talent and manpower to have a fully-trained                                                               
person performing utilization review on the telephone for something                                                             
that is really an economic decision and approval matter.  He thinks                                                             
it would be better if problems were appealed to a peer review, but                                                              
he noted he was unsure of the situation.  The chairman asked Mr.                                                                
Evans if it would be his position that the peer review standard is                                                              
currently in place.                                                                                                             
                                                                                                                                
MR. EVANS answered in the affirmative.                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG questioned whether enactment of HB 121 would                                                                  
prohibit the establishment of a point-of-service style plan, or any                                                             
other kind of a managed care, restricted use panel.                                                                             
                                                                                                                                
MR. EVANS agreed that would be his interpretation.  He indicated he                                                             
believes dentists' prices probably vary now.  If the insurance                                                                  
company is going to pay 80 percent of whatever the bill is, some                                                                
dentists will receive more than others.                                                                                         
                                                                                                                                
Number 1664                                                                                                                     
                                                                                                                                
GUY BELL, Director, Division of Retirement and Benefits, Department                                                             
of Administration, came forward.  The division administers the                                                                  
state health plans for active state employees and for retired                                                                   
public employees.  The division has just over 11,000 active state                                                               
employees in the division's active plan, plus their dependents; and                                                             
approximately 19,700 retired public employees and teachers, and                                                                 
their dependents.  The retiree dental plan is self-paid by the                                                                  
retiree.  About 13,000 retirees have opted for the                                                                              
dental-vision-audio (DVA) plan for themselves and their dependents.                                                             
Being self-insured, the state is not legally subject to the                                                                     
provisions of AS 21.  However, for public policy reasons the state                                                              
has followed the requirements of Title 21.  Mr. Bell noted the                                                                  
legislature sets the policy and the state feels obligated to follow                                                             
that policy whether or not the legal obligation exists.  The state                                                              
has no preferred provider arrangements with dentists and no                                                                     
immediate plans to do so; a state employee or retiree can go to the                                                             
dentist of his/her choice.  There are different plans with                                                                      
different levels of coverage available, especially in the Select                                                                
Benefits component.  Given that the state follows the legislature's                                                             
mandates, this legislation would foreclose the future offering, as                                                              
a way to control costs, of a point-of-service type option to active                                                             
employees or retirees.  Mr. Bell confirmed to the chairman that the                                                             
retirees pay premiums for the dental-vision-audio plan.  He                                                                     
explained that the PERS [Public Employees' Retirement System] and                                                               
TRS [Teachers' Retirement System] medical systems provide medical                                                               
plans.  Depending on a person's tier, the medical premium is paid                                                               
in full or part by the public employees' or teachers' retirement                                                                
funds.  The DVA plan is separate and is entirely self-paid by the                                                               
retirees who have opted in.                                                                                                     
                                                                                                                                
Number 1870                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG commented there is now somewhat of a managed care                                                             
arrangement on the vision (indisc.) certain restrictions, asking if                                                             
that is correct.                                                                                                                
                                                                                                                                
MR. BELL responded that a person enrolling in the Select Benefits                                                               
plan has two options:  a full-service plan or a managed care plan.                                                              
In response to the chairman's question about a differentiation in                                                               
benefit, Mr. Bell answered that, yes, there is a small                                                                          
differentiation in benefit.  There is also about a $4 dollar                                                                    
difference in premium per employee per month.                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG indicated, then, the division would prefer to                                                                 
keep the option open for some future type of managed care involving                                                             
dental coverage.                                                                                                                
                                                                                                                                
MR. BELL agreed.                                                                                                                
                                                                                                                                
Number 1973                                                                                                                     
                                                                                                                                
DAVID LOGAN, DDS, President, Alaska Dental Society (ADS), came                                                                  
forward to testify in support of HB 121.  He noted he is a dentist                                                              
in Juneau.  The idea behind HB 121 is to preserve basic patient                                                                 
rights.  Ms. Burke's testimony was that there is no current                                                                     
provision allowing anyone to restrict freedom of choice, but there                                                              
was no mention that freedom of choice is guaranteed.  Dr. Logan                                                                 
stated he thinks the point is strong enough that it bears some                                                                  
repeating, and perhaps some redundancy in legislation.  He noted                                                                
the reasons for prohibiting gag clauses seem to be self-evident.                                                                
Regarding whether licensed dentists should review claims, Dr. Logan                                                             
indicated Ms. Burke testified the Division of Insurance's policy is                                                             
that it should be done under a peer system, where a dentist reviews                                                             
claims.  Dr. Logan stated Mr. Evans, representing the overwhelming                                                              
majority of insurance plans within the state, said they don't think                                                             
it should happen.  Dr. Logan indicated he feels something is being                                                              
withheld, noting, "If they think the dentists shouldn't be                                                                      
reviewing the claims, and she says that's the requirement, I think                                                              
that also bears some redundancy in legislation."                                                                                
                                                                                                                                
Number 2079                                                                                                                     
                                                                                                                                
DR. LOGAN stated HB 121 asks that patients not be discriminated                                                                 
against by their insurance companies for financial considerations.                                                              
This is the most misunderstood part of HB 121 by far.  The dentist                                                              
is going to see the same reimbursement regardless of the passage of                                                             
HB 121; it would not change the amount a dentist receives.  The                                                                 
patient is the one who suffers under the current system.  When                                                                  
patients see dentists outside of the panel they have a copayment to                                                             
meet.  When patients see participating dentists there is no                                                                     
copayment.  House Bill 121 would not change this at all.  Because                                                               
of the copayments, there will still be overwhelming financial                                                                   
considerations for patients to continue seeing dentists involved in                                                             
the managed care plans.  This will continue to ensure the viability                                                             
of PPOs and HMOs in this state.  Dentists will still have the same                                                              
incentives to be members of these plans:  a directed source of                                                                  
patients in exchange for a discounted fee structure.  House Bill                                                                
121 will not change this relationship in any way.  The majority of                                                              
patients will continue to see participating dentists to avoid                                                                   
copayments and dentists will participate to insure that steady                                                                  
influx of patients.  This bill seeks to address the small number of                                                             
patients who see a dentist outside of managed care plans.  The                                                                  
nonparticipating dentist fares no better or no worse under HB 121.                                                              
                                                                                                                                
Number 2207                                                                                                                     
                                                                                                                                
DR. LOGAN continued that everyone is only too aware of the high                                                                 
costs of all parts of health care coverage including dentistry.                                                                 
House Bill 121 is not an attempt to short-circuit the managed care                                                              
process.  It is simply to ensure that patients covered by insurance                                                             
plans are treated fairly.  Even though the financial provisions of                                                              
this legislation will affect only a small number of patients, these                                                             
patients' rights are no less important.  Under the current system,                                                              
patients who see dentists outside of managed care panels receive a                                                              
double financial penalty.  The patients have copayments to meet for                                                             
their treatment, which is fair and why there is an incentive to                                                                 
stay with the plan.  However, the patients are also forced to pay                                                               
the penalty costs between what is paid to plan dentists and what is                                                             
paid to nonparticipating dentists.  This is the unfair part.  Dr.                                                               
Logan reiterated that the dentist is paid the same regardless of                                                                
the passage of HB 121.  He noted there are two possibilities for                                                                
how HB 121 would affect insurance companies:  if the insurance                                                                  
company has planned on all patients seeing participating dentists                                                               
then the company will see no revenue difference whatsoever.                                                                     
However, if the insurance company has counted on reimbursing some                                                               
patients at a lesser rate because the patients went outside the                                                                 
plan, the insurance company will see a revenue difference.  Dr.                                                                 
Logan stated, "If this is the case, they are no longer seeking to                                                               
control costs but to punish patients for seeking care from a                                                                    
nonparticipating dentist, and they are pocketing the profit to be                                                               
made in that situation."                                                                                                        
                                                                                                                                
Number 2382                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO asked if any of the Alaska Dental Society                                                                 
members are in PPOs.                                                                                                            
                                                                                                                                
DR. LOGAN answered in the affirmative, noting he did not have any                                                               
numbers.                                                                                                                        
                                                                                                                                
REPRESENTATIVE HALCRO asked if the Alaska Dental Society members in                                                             
PPOs are in support of the society's stance on the legislation.                                                                 
                                                                                                                                
DR. LOGAN replied he would not say they had 100 percent support                                                                 
because they had not polled to that, but they had not talked to any                                                             
dentists who did not support this.                                                                                              
                                                                                                                                
REPRESENTATIVE HALCRO noted part of the concern seems to be the                                                                 
access to quality care and choice issues.  Representative Halcro                                                                
mentioned the Alaska Bar Association as a governing body for                                                                    
attorneys and indicated he wondered if there is a similar group for                                                             
dentists in the state.  He thought Dr. Fell had mentioned a board                                                               
of peers or peer review.                                                                                                        
                                                                                                                                
Number 2469                                                                                                                     
                                                                                                                                
DR. LOGAN replied that is a voluntary group.  It can be initiated                                                               
either by the dentist or the patient.  The Board of Dental                                                                      
Examiners is the regulatory body overlooking the state's dentists.                                                              
                                                                                                                                
REPRESENTATIVE HALCRO asked if he would go to the Board of Dental                                                               
Examiners if he, as a patient, had a question or complaint about                                                                
shoddy workmanship.                                                                                                             
                                                                                                                                
DR. LOGAN replied, "Or..." [TESTIMONY INTERRUPTED BY TAPE CHANGE]                                                               
                                                                                                                                
[Tape log notes indicate Representative Halcro asked a further                                                                  
short question about 'any complaints' during the tape change.]                                                                  
                                                                                                                                
TAPE 99-28, SIDE A                                                                                                              
Number 0001                                                                                                                     
                                                                                                                                
DR. LOGAN continued, "... I would say most of the complaints,                                                                   
rather than be directed toward the dental society, are heard by                                                                 
individual dentists ....  As a general rule, when we receive                                                                    
complaints at the dental society we encourage them to seek                                                                      
remediation through the board.  We're not equipped to deal with                                                                 
their problems with insurance companies - that's not what the                                                                   
dental society is there to function for.  We would refer either, if                                                             
it's a quality issue, to the dental board, or if it's a problem                                                                 
with the insurance company, to the insurance commission."                                                                       
                                                                                                                                
Number 0049                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO apologized for not making himself clear.  He                                                              
noted he is trying to ascertain if there is a problem out there                                                                 
with quality care.  Representative Halcro added, "So, I'm sorry,                                                                
didn't mean in general the society, I meant if I am a patient, I                                                                
have a concern about an individual dentist, I would go to the Board                                                             
of ... Dental Examiners.  What has the history been the last couple                                                             
of years with regards to complaints regarding quality care?"                                                                    
                                                                                                                                
DR. LOGAN responded that would be information from the dental                                                                   
board.  Not all of that is public record; the only time that                                                                    
becomes public record is when there is action taken against a                                                                   
dentist.                                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG confirmed the teleconference connection had been                                                              
restored and noted there had been a miscommunication [the                                                                       
connection was mistakenly switched off at the end of Dr. Logan's                                                                
formal testimony].  However, the chairman is not sure if more                                                                   
testimony would be taken at this hearing due to time constraints.                                                               
Chairman Rokeberg asked Dr. Logan if peer-to-peer review is                                                                     
actually working as a practical matter.  The chairman noted from                                                                
the testimony heard that the state believes there should be                                                                     
peer-to-peer review.                                                                                                            
                                                                                                                                
Number 0207                                                                                                                     
                                                                                                                                
DR. LOGAN replied the current system certainly leaves a lot to be                                                               
desired.  No matter how it is mandated in the law, how it actually                                                              
happens is a different matter, for a variety of reasons.  There is                                                              
quite a delay between when a claim is submitted and when it finally                                                             
comes out of a review process.                                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG commented the legislation would revolutionize the                                                             
way utilization review is done in the state by requiring review by                                                              
an in-state dentist.  He asked how that would happen and who would                                                              
bear those costs.                                                                                                               
                                                                                                                                
DR. LOGAN answered he does not think that was necessarily the                                                                   
intention of the bill.  The Alaska Dental Society supports having                                                               
a licensed dentist, wherever the dentist is licensed, review the                                                                
claims.                                                                                                                         
                                                                                                                                
CHAIRMAN ROKEBERG confirmed the Alaska Dental Society was not fixed                                                             
on having an Alaska dentist.                                                                                                    
                                                                                                                                
DR. LOGAN noted they certainly would not object to having a                                                                     
licensed dentist in the state do the claims, but their concern is                                                               
that somebody review the claims who has some dental knowledge and                                                               
who is also held accountable.  Having an actively-licensed dentist                                                              
ensures both of those things.  Dr. Logan indicated having a dentist                                                             
who was not actively licensed would not ensure accountability.                                                                  
                                                                                                                                
Number 0319                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG questioned that when one initially telephones for                                                             
authorization on a procedure, it is almost like an accounting                                                                   
problem.                                                                                                                        
                                                                                                                                
DR. LOGAN replied there is no telephone authorization for dental                                                                
procedures.  He explained that typically a pretreatment                                                                         
authorization would be submitted with whatever documentation the                                                                
dentist has to support his/her determination that the treatment is                                                              
necessary.  This goes through a review process and usually                                                                      
somewhere between four to eight weeks later the dentist receives a                                                              
response.  Dr. Logan indicated this process has remained the same                                                               
during his time in practice.  In response to the chairman's comment                                                             
about the insurance companies Dr. Logan is used to working with,                                                                
Dr. Logan replied he does not think there is a huge difference                                                                  
across the board.  Overall, he thinks most insurance companies fall                                                             
into the four to eight week category.                                                                                           
                                                                                                                                
CHAIRMAN ROKEBERG stated, then, because of the slow process of                                                                  
dental preapproval, the panel could very well have a licensed                                                                   
dentist.  He asked what the normal appeal procedure is if there is                                                              
a dispute about whether or not the insurer will authorize or about                                                              
the level of reimbursement.                                                                                                     
                                                                                                                                
Number 0423                                                                                                                     
                                                                                                                                
DR. LOGAN answered it is a very good question.  Essentially, the                                                                
dentist resubmits the claim which undergoes a review process at the                                                             
insurance company.  Using the 'fox guarding the henhouse analogy,'                                                              
Dr. Logan noted the insurance companies are reviewing their own                                                                 
work so the dentists have no idea what takes place or how it is                                                                 
arrived at.                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG asked if they were speaking more of elective-type                                                             
treatment, noting the patient would be seriously in pain or injured                                                             
if he/she had to wait that long for treatment.                                                                                  
                                                                                                                                
DR. LOGAN said, "Let's say that it's non-pain, non-pain related ...                                                             
as a general rule, but it still covers basic restorative treatment                                                              
in some instances."                                                                                                             
                                                                                                                                
CHAIRMAN ROKEBERG asked Dr. Logan to provide a copy of his                                                                      
testimony to the committee aide, noting he points out a significant                                                             
concern of the chairman's.  Chairman Rokeberg commented Dr. Logan's                                                             
testimony indicates that HB 121, as it is drafted, will not                                                                     
prohibit existing-type panels in the insured area if those panels                                                               
do exist.  It will also not prohibit the market entry of a                                                                      
point-of-service or managed care type panel.  He asked if that is                                                               
correct.                                                                                                                        
                                                                                                                                
Number 0534                                                                                                                     
                                                                                                                                
DR. LOGAN answered in the affirmative.  Other states which have                                                                 
passed similar legislation have not seen really any change in the                                                               
managed care market.  They have not seen anyone drop out; in some                                                               
instances they have seen other insurance companies move into the                                                                
market.  There haven't been any repercussions in terms of changes                                                               
within the fee structure for managed care plans or in terms of                                                                  
managed care plans leaving the market.                                                                                          
                                                                                                                                
CHAIRMAN ROKEBERG expressed his concern.  His reading of the bill                                                               
indicates it would prohibit the entry of some type of managed care                                                              
plan into the marketplace, particularly if there is a differential                                                              
in the reimbursement on the copayment - to make the distinction                                                                 
between the choice in a point-of-service provision.                                                                             
                                                                                                                                
DR. LOGAN asked for clarification.                                                                                              
                                                                                                                                
Number 0622                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG noted subsection (c)(2) on page 2 seems to run                                                                
counter to Providence Health Systems' plan, for example, which is                                                               
basically structured like a point-of-service plan.  If a person                                                                 
want to choose his/her own dentist, he/she pays a higher premium                                                                
or, in the converse, he/she receives a lower reimbursement.  The                                                                
chairman noted there has to be some kind of distinction or                                                                      
differential.  He expressed some confusion regarding parts of Dr.                                                               
Logan's testimony and questioned, "Why wouldn't you allow that if                                                               
you got reimbursed at the same rate by the insured?  Is that the                                                                
point you're making?"  Subsection (c)(2) reads:                                                                                 
                                                                                                                                
          (c) A health care insurer may not ...                                                                                 
               (2) deny coverage, cancel a health care                                                                          
     insurance plan or contract, or otherwise take action                                                                       
     against a covered person or a dentist because the person                                                                   
     has asserted a right described in this section.                                                                            
                                                                                                                                
DR. LOGAN answered in the negative, commenting he thinks they are                                                               
running in two separate issues.  To his understanding, HB 121 would                                                             
allow a company to offer several plans within their insurance                                                                   
group, and, as part of those plans, there would probably be                                                                     
different rates.  Typically they choose that as part of a panel of                                                              
medical, dental, vision services, et cetera.  However, what is                                                                  
being asked is that, as part of that subsection of the plan, if the                                                             
patient chooses to go outside that panel, the patient be reimbursed                                                             
at the same rate.  If the patient would get "X" dollars to use at                                                               
Dentist 1, then the patient would get "X" dollars to use at Dentist                                                             
2.  However, with Dentist 2 who is outside the plan, the patient                                                                
would have a copayment to meet.                                                                                                 
                                                                                                                                
Number 0796                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG commented that is his major concern.  He thinks                                                               
they should encourage menu selections.  Giving more choices is one                                                              
way to drive down health care costs.  The chairman confirmed that                                                               
is something Dr. Logan would basically agree with.                                                                              
                                                                                                                                
DR. LOGAN said their position is they endorse any policy that                                                                   
provides dental benefits that still allows for freedom of choice of                                                             
the dentist.  They are just asking for equality within those                                                                    
policies.                                                                                                                       
                                                                                                                                
CHAIRMAN ROKEBERG noted he agrees with that philosophically.                                                                    
However, he indicated he also does not want to discourage the                                                                   
establishment of options which may drive down the costs but still                                                               
allow the employee-insured to make that selection of dentists.  He                                                              
commented on the current situation of an employer choosing to                                                                   
select an in-panel group of dentists as the only coverage offered.                                                              
This legislation disallows that - the pure HMO managed care model                                                               
is being prohibited by this.  The chairman asked if that would be                                                               
correct.                                                                                                                        
                                                                                                                                
Number 0889                                                                                                                     
                                                                                                                                
DR. LOGAN indicated the legislation would essentially prohibit                                                                  
closed panels.  He reiterated he thinks HB 121 says that the                                                                    
patient should be reimbursed the same regardless of the choice of                                                               
dentist.  Dr. Logan reiterated again that the patient going outside                                                             
of a managed care plan would still have copayments to meet and that                                                             
would be the patient's incentive to stay within that plan.  Dr.                                                                 
Logan confirmed to the chairman that a patient going outside a                                                                  
closed panel would have to pay 100 percent.  If a patient goes                                                                  
outside of a regular PPO panel, the patient would have copayments                                                               
to meet and currently receives an additional financial penalty.                                                                 
Assuming that the average treatment is $100, a plan dentist would                                                               
usually offer a discount in the $70 range.  The patient going to                                                                
that plan dentist would have no copayments and the dentist would                                                                
receive $70.  If the patient goes outside the plan, the patient                                                                 
typically would receive about $35 in reimbursement and have to pay                                                              
the additional $65 to the nonparticipating dentist, who does                                                                    
receive his $100.                                                                                                               
                                                                                                                                
CHAIRMAN ROKEBERG asked if it wasn't common for insurance companies                                                             
to reimburse the health care provider for the first instance...                                                                 
                                                                                                                                
DR. LOGAN said through an assignment of benefits.  He commented,                                                                
however, as they have gone round and round with the "insurance                                                                  
commission" trying to resolve some issues, the "insurance                                                                       
commission" is very careful to point out that the insurance                                                                     
policies are the patients' and the dentists have no standing with                                                               
those policies.  It is only as a matter of courtesy that there is                                                               
an assignment of benefits.  In response to the chairman's comments,                                                             
Dr. Logan confirmed that most health care providers file the                                                                    
request for reimbursement as a courtesy, accept it in lieu of                                                                   
payment, and go back for the unpaid portion.                                                                                    
                                                                                                                                
CHAIRMAN ROKEBERG expressed concern that that might create some                                                                 
problems unless it is clarified.                                                                                                
                                                                                                                                
Number 1038                                                                                                                     
                                                                                                                                
REPRESENTATIVE HALCRO discussed the employer's role in providing                                                                
health care coverage to employees.  He noted the ultimate fear of                                                               
government involvement in health care is that there will somehow be                                                             
additional costs and those costs will have to be borne by the                                                                   
provider of the policy, the employer.  Representative Halcro                                                                    
indicated the arguments they have heard is that this is                                                                         
cost-neutral, mentioning a specific telephone conversation he has                                                               
had with Dr. Fell.  He thinks all would agree the goal is to                                                                    
provide more coverage for more employees, but they need to protect                                                              
the employer.  Representative Halcro asked if it there would be any                                                             
problems with provisions exempting an employer if the employer                                                                  
could show a certain percentage increase in the cost of maintaining                                                             
a policy due to this change.                                                                                                    
                                                                                                                                
DR. LOGAN indicated he would not philosophically be opposed to such                                                             
provisions, but how that increase is arrived at would have to be                                                                
spelled out so that a company couldn't simply come up with                                                                      
unjustified overhead figures to show an increase in cost.  Dr.                                                                  
Logan noted the Alaska Dental Society's goal is simply a revenue                                                                
policy that protects patient rights.                                                                                            
                                                                                                                                
Number 1178                                                                                                                     
                                                                                                                                
CHAIRMAN ROKEBERG referred to Dr. Fell's mention of Concordia                                                                   
questioning if it is a managed care organization.                                                                               
                                                                                                                                
DR. LOGAN answered in the affirmative, commenting United Concordia                                                              
took over for Champus on the military contract.  In response to the                                                             
chairman's question about Fairbanks, Dr. Logan noted Concordia                                                                  
operates statewide - any place with military or United States Coast                                                             
Guard (USCG) dependents.  He indicated military and USCG active                                                                 
personnel are treated by active-duty dentists.  In response to the                                                              
chairman's further question about Concordia being a closed panel,                                                               
Dr. Logan noted it is an open panel, a PPO, with pretty substantial                                                             
penalties for going outside the plan.  He believe the penalties are                                                             
in the 60 percent range.                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG asked if Concordia paid the covered person or                                                                 
paid the provider.                                                                                                              
                                                                                                                                
DR. LOGAN replied it is typically an assignment of benefits, but it                                                             
could function in either form.                                                                                                  
                                                                                                                                
CHAIRMAN ROKEBERG stated, then, it would Dr. Logan's testimony and                                                              
opinion that HB 121, as currently written, would prohibit closed                                                                
panels - classic HMO-type organizations.                                                                                        
                                                                                                                                
Number 1257                                                                                                                     
                                                                                                                                
DR. LOGAN answered, "That would be my reading of prohibiting                                                                    
freedom of choice, yes."                                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG questioned that it would not prohibit PPOs or                                                                 
POSs [point-of-service organizations, "PSOs" stated on tape].                                                                   
                                                                                                                                
DR. LOGAN replied he did not personally see anything within the                                                                 
legislation that would change how they function in the state.                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG indicated the importance of ensuring and                                                                      
clarifying that point.  The chairman added he thinks Representative                                                             
Halcro raised an interesting point.  One of the committee's goals                                                               
is to make sure affordable quality health care and insurance is                                                                 
available to everyone in the state.  He indicated there should be                                                               
some kind of protection if costs increase because of the                                                                        
prohibition on closed panels.  The chairman thanked Dr. Logan for                                                               
his testimony and recognized that Mr. Evans wished to make a                                                                    
comment.                                                                                                                        
                                                                                                                                
Number 1340                                                                                                                     
                                                                                                                                
MR. EVANS stated he wanted to clear the record regarding something                                                              
Dr. Logan indicated.  Mr. Evans did not think he said, and                                                                      
certainly did not mean to imply, that HIAA does not agree dental                                                                
health utilization review should be performed by a peer.  He noted                                                              
in certain other areas it is a physician-on-physician review and                                                                
the specialties may not be the same.  However, Mr. Evans indicated                                                              
the Division of Insurance requires dental review by a dentist and                                                               
HIAA does not oppose this.                                                                                                      
                                                                                                                                
Number 1378                                                                                                                     
                                                                                                                                
REPRESENTATIVE BUNDE, in summary, stated the chairman himself had                                                               
said he would not go to the cheapest provider.  Representative                                                                  
Bunde noted HB 121 is in the committee because it is a labor and                                                                
commerce issue.  In spite of the altruistic conception of health                                                                
care, this is also a business.  Representative Bunde indicated if                                                               
health care isn't a business, Providence wouldn't be facing a                                                                   
nurses' strike or wouldn't use cost-shifting to cover expenses in                                                               
other areas.  Representative Bunde gave the example of a patient                                                                
being charged $1 for an aspirin.  If health care isn't a business,                                                              
insurance companies wouldn't insure at the highest rate for the                                                                 
lowest risk and, in some cases, delay payment on a claim because                                                                
the companies profit on the "float."  He exhorted the committee to                                                              
not forget they are also talking about small businesses.                                                                        
Representative Bunde indicated the concern expressed by                                                                         
Representative Halcro about employers buying insurance.  However,                                                               
he noted the purchase of an unusable or non-employee-friendly                                                                   
product will not expand health care coverage and is not helping                                                                 
employees.  Representative Bunde commented on the Lower 48 HMO                                                                  
horror stories, commenting that preventing them in Alaska is a                                                                  
laudable goal, not a detriment to business.  He indicated the                                                                   
Division of Insurance had testified it is already doing some of the                                                             
things mentioned in HB 121; he described the legislation as a                                                                   
protective measure, using the 'belt and suspenders analogy.'                                                                    
Representative Bunde noted he felt none the testimony he heard from                                                             
Ms. Burke would speak against the bill.  He asked the committee to                                                              
keep in mind that this a business and not to be too emotionally                                                                 
swayed because this concerns medical care.                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG noted he does not necessarily share the views                                                                 
that Alaska shouldn't have HMOs if they could provide good quality,                                                             
lower cost care. [HB 121 WAS HELD OVER]                                                                                         

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