Legislature(2011 - 2012)BARNES 124

03/26/2012 03:15 PM House LABOR & COMMERCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 259 PHARMACY AUDITS TELECONFERENCED
Heard & Held
+= HB 218 PRESCRIPTION DRUG SPECIALTY TIERS TELECONFERENCED
Moved CSHB 218(L&C) Out of Committee
                     HB 259-PHARMACY AUDITS                                                                                 
3:21:46 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON announced that the first order of business would be                                                                 
HOUSE  BILL   NO.  259,  "An   Act  establishing   procedures  and                                                              
guidelines  for auditing  pharmacy records;  and providing  for an                                                              
effective date."                                                                                                                
                                                                                                                                
3:22:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CATHY MUNOZ,  Alaska  State Legislature,  sponsor,                                                              
stated  that  the  bill  would  clarify  procedures  for  pharmacy                                                              
audits.   Since the  committee last  met, the  states of  Utah and                                                              
Indiana  have passed  similar  legislation, in  fact,  the law  in                                                              
Utah in more  stringent.  Several large employers,  including Wal-                                                              
Mart  and  Walgreen,   and  the  Alaska   Pharmacists  Association                                                              
support  the bill.    She has  four amendments  that  specifically                                                              
address issues and Medicaid audit procedures.                                                                                   
                                                                                                                                
3:23:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON moved to adopt Amendment 1, labeled 27-                                                                  
LS0675\I.2, Martin, 3/14/12, which read as follows:                                                                             
                                                                                                                                
     Page 2, following line 5:                                                                                                  
     Insert a new paragraph to read:                                                                                            
               "(3)  an auditor may not audit more than 75                                                                      
     prescriptions during a single audit;"                                                                                      
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
CHAIR OLSON objected for purpose of discussion.                                                                                 
                                                                                                                                
3:24:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  explained that  Amendment 1 would  limit the                                                              
number  of  prescriptions audited  during  a  single audit  to  75                                                              
prescriptions.   She  reported according  the  Academy of  Managed                                                              
Care  Pharmacies the  number  of prescriptions  audited  typically                                                              
ranges  from 25-125  claims.    According the  Alaska  Pharmacists                                                              
Association  (APA) many  states with  pharmacy auditing  standards                                                              
limit the  number of prescriptions  an auditor may cover  during a                                                              
single  audit.  She  related that  the organization  says  that 75                                                              
prescriptions per  audit is a fair  number - based on  an Oklahoma                                                              
pharmacy  law   that  passed  last   year  -  especially   when  a                                                              
pharmacist often  fills on average  more than 200  prescriptions a                                                              
day.   This translates  into 200 original  documents that  must be                                                              
stored  along with  invoices from  wholesalers to  prove when  the                                                              
drugs were ordered, received, and billed.                                                                                       
                                                                                                                                
3:25:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  whether  there  is  currently  any                                                              
numerical limit on the scope of audits or if it is unlimited.                                                                   
                                                                                                                                
BARRY CHRISTENSEN,  Pharmacist,  Island Pharmacy, Inc.;  Co-Chair,                                                              
Legislative  Committee,  Alaska Pharmacists  Association  (AkPhA),                                                              
noted there is not any limit on the claims that can be audited.                                                                 
                                                                                                                                
REPRESENTATIVE  SADDLER inquired  as to whether  any other  states                                                              
have a numerical limit.                                                                                                         
                                                                                                                                
DR.  CHRISTENSEN  answered  that  most  states  that  have  passed                                                              
similar legislation  have identified  a limit,  with 75 as  a mid-                                                              
range number   In further response to Representative  Saddler, Dr.                                                              
Christensen answered  he recalled  the range  of a maximum  of 200                                                              
and a minimum of 35-40 prescriptions.                                                                                           
                                                                                                                                
3:27:55 PM                                                                                                                    
                                                                                                                                
MIKE BARNHILL,  Deputy Commissioner,  Office of the  Commissioner,                                                              
Department of Administration  (DOA), on behalf of the  DOA and the                                                              
Division of  Retirement and Benefits,  stated that  the department                                                              
is  the administrator  of  a large  health  insurance  plan -  the                                                              
AlaskaCare  plan.    The  retiree  portion  has  close  to  40,000                                                              
members plus  their dependents.   The active  portion of  the plan                                                              
currently  has about  6,000 members.   As  the plan  administrator                                                              
the DOA  manages the prescription  spend, which has  been steadily                                                              
increasing at a  rather large pace in the past several  years.  He                                                              
stated  that  the  DOA's  position is  that  pharmacy  audits  are                                                              
important to  help manage the expenditures  to ensure the  plan is                                                              
paying  the appropriate  amount  for prescriptions  and to  ensure                                                              
contracts are being administered and enforced appropriately.                                                                    
                                                                                                                                
MR. BARNHILL expressed  concern with the present  configuration of                                                              
HB  259 since  it appears  to unduly  limit the  DOA's ability  to                                                              
administrator   a  portion  of   its  responsibilities,   but  the                                                              
administration is  willing to work with the sponsor  and committee                                                              
on HB 259.                                                                                                                      
                                                                                                                                
3:29:30 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON related  his understanding  that  between the  active                                                              
and retired employees  that the state has about 70  percent of the                                                              
participants statewide.                                                                                                         
                                                                                                                                
MR.  BARNHILL  agreed  it  is  definitely  a  large  number.    He                                                              
expressed  concerns with  Amendment 1,  since it  would limit  any                                                              
one audit to  75 prescriptions, especially given  that pharmacists                                                              
are  issuing up  to 200  prescriptions  a day.   He  said that  75                                                              
prescriptions seemed  unduly small plus the state's  auditors need                                                              
the ability  to order  more prescriptions.    He pointed out  that                                                              
there  is  obviously  a tension  between  the  best  interests  of                                                              
pharmacists  and the  best interests  of the  insurance plan.   He                                                              
said, "We'd  like to save  money.  They'd  like to make money.   I                                                              
get that  and I'm sure  the committee does  as well, but  we still                                                              
need to  be able to  manage this  on behalf of  the people  of the                                                              
State of Alaska who are ultimately paying for this."                                                                            
                                                                                                                                
3:30:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked  whether  another  audit  could  be                                                              
conducted soon after the first audit.                                                                                           
                                                                                                                                
MR.  BARNHILL   recalled  Representative  Saddler   also  asked  a                                                              
similar question.   He responded that he did not  believe there is                                                              
any limit on  the number of audits  that can be conducted,  but he                                                              
did not  understand the  reason to arbitrarily  limit an  audit to                                                              
75  prescriptions  which  could   unduly  burden  the  auditor  to                                                              
determine if  the plan  is prudently managing  its resources.   He                                                              
said he  did not think  this would  assist either the  pharmacists                                                              
or the plan.   Instead of submitting  to one audit an  auditor may                                                              
have to  endure three more  audits tacked  on to get  around limit                                                              
of 75 prescriptions.                                                                                                            
                                                                                                                                
3:31:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked if he could suggest  any number that                                                              
would be better.                                                                                                                
                                                                                                                                
MR. BARNHILL answered  no, that in fairness an  audit should cover                                                              
what the auditor needs to cover.                                                                                                
                                                                                                                                
3:32:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked if 75 prescriptions  are audited and                                                              
half are found not  to meet the criteria whether  that would allow                                                              
the auditor to go back and audit more.                                                                                          
                                                                                                                                
MR. BARNHILL answered  that nothing in HB 259 would  allow that to                                                              
happen.    In  further  response  to  Representative  Johnson,  he                                                              
answered  that if  auditors  did  not find  any  issues that  fact                                                              
alone would potentially give auditors information.                                                                              
                                                                                                                                
3:32:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER asked  whether any  mechanism is  in place                                                              
to protect  auditors from  enduring five audits  in a  month which                                                              
would  result in the  necessity  of having to  shut down  pharmacy                                                              
operations to answer questions.                                                                                                 
                                                                                                                                
MR.  BARNHILL  responded  the  department  does not  object  to  a                                                              
number  of  provisions   in  the  bill  that   provide  procedural                                                              
protections.   He  referred to  page  2, lines  3-5, paragraph  2,                                                              
which  protects the  first seven  days of  the month  due to  high                                                              
volume.   He  said that  paragraphs 12,  13, 14,  15 also  provide                                                              
also provide  procedural protections.   He  stated that  state has                                                              
no interest  in making it  burdensome for pharmacists,  but merely                                                              
wants to protect the resources of the plan.                                                                                     
                                                                                                                                
3:34:15 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON removed his objection.                                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON made  a motion  to table  Amendment 1,  in                                                              
order  to allow the  committee an  opportunity  to review  how the                                                              
amendments  fit together  as  a  whole.   There  being no  further                                                              
objection, Amendment 1 was tabled.                                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON  made  a  motion  to  adopt  Amendment  2,                                                              
labeled 27-LS0675\I.3, Martin, 3/14/12, which read, as follows:                                                                 
                                                                                                                                
     Page 2, following line 23:                                                                                                 
     Insert a new paragraph to read:                                                                                            
               "(11)  an auditor may not assess a charge-                                                                       
     back, recoupment,  or other  penalty against a  pharmacy                                                                   
     based on a  prescription that is mailed or  delivered by                                                                   
     request  of a  patient  as part  of  a routine  business                                                                   
     practice;"                                                                                                                 
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
REPRESENTATIVE HOLMES objected for purpose of discussion.                                                                       
                                                                                                                                
3:35:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ referred  to  page 2,  line  23. She  stated                                                              
Amendment  2  would add  a  new  paragraph to  prevent  penalizing                                                              
pharmacies  that  routinely  routine mail  prescription  by  mail.                                                              
She  explained  that this  routine  practice  was held  against  a                                                              
pharmacist  during an  audit.   She  reiterated  that Amendment  2                                                              
would  not allow  auditors to  negatively  impact pharmacists  who                                                              
engage in mailing prescriptions.                                                                                                
                                                                                                                                
3:36:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HOLMES  asked  whether   the  intention   of  the                                                              
amendment is to  prohibit the auditor from auditing  solely on the                                                              
fact  that  the  prescription  is   by  mail.    She  related  her                                                              
understanding that  Amendment 2 would remove any  prescription out                                                              
of the realm of the audit.                                                                                                      
                                                                                                                                
REPRESENTATIVE MUNOZ  answered that the purpose of  Amendment 2 is                                                              
to ensure  against chargebacks or  additional recoupment  for mail                                                              
order prescriptions.                                                                                                            
                                                                                                                                
REPRESENTATIVE   HOLMES  acknowledged  she   was  unsure   if  she                                                              
understood the terms.                                                                                                           
                                                                                                                                
REPRESENTATIVE  MUNOZ explained  that  Amendment  2 would  prevent                                                              
penalizing  pharmacies  whose  practice  is  to  mail  or  deliver                                                              
prescription  drugs  by request  of  a patient  as  part of  their                                                              
routine business practice.                                                                                                      
                                                                                                                                
REPRESENTATIVE HOLMES  agreed with the concept, but  was unsure of                                                              
the drafting  of Amendment  2.  She  said it seems  fair to  say a                                                              
pharmacist  would not  have extra  penalties  or burdens  assessed                                                              
simply because  something was mailed  and lots of  insurance plans                                                              
prefer people  order prescriptions  by mail  since buying  in bulk                                                              
often results  in cost savings.   She cautioned against  making it                                                              
impossible  for  an  auditor  to  audit  any  prescription  simply                                                              
because it was mailed.                                                                                                          
                                                                                                                                
REPRESENTATIVE MUNOZ  agreed that is  not the intent  of Amendment                                                              
2.                                                                                                                              
                                                                                                                                
3:38:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked   what  is  wrong  with  delivering                                                              
prescriptions by mail.                                                                                                          
                                                                                                                                
DR.  CHRISTENSEN  answered that  some  PBMS  also own  mail  order                                                              
pharmacies and  try to put something  in contract to  prohibit it.                                                              
As  a  routine  business  practice,  pharmacists  usually  have  a                                                              
return  receipt  or postcard  that  the  patient signs  to  ensure                                                              
delivery.   He  related the  pharmacists  do not  to preclude  any                                                              
prescription  from being audited,  but would  like to  ensure that                                                              
auditors  do not  hand mail  order  prescriptions any  differently                                                              
than other prescriptions.                                                                                                       
                                                                                                                                
3:40:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   related  his  understanding   that  some                                                              
people have  contractual limitations  by mail.   He asked  whether                                                              
it  would  be illegal  to  do  so  or if  prohibiting  mail  order                                                              
prescriptions is a common practice.                                                                                             
                                                                                                                                
DR.  CHRISTENSEN  answered that  mail  order prescriptions  are  a                                                              
common  practice in  Alaska.   He related  a scenario  in which  a                                                              
Fairbanks pharmacist  mails prescriptions or other  goods to rural                                                              
Alaska residents.   He said that  he wanted to ensure  members are                                                              
protected since there is not a pharmacy in every community.                                                                     
                                                                                                                                
3:40:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  related a  scenario in which  a pharmacist                                                              
signs  up and  agrees  in writing  to  not send  prescriptions  by                                                              
mail.  He inquired  as to whether Amendment 2 would  eliminate the                                                              
necessity to abide by that agreement.                                                                                           
                                                                                                                                
DR. CHRISTENSEN responded that he assumed it would.                                                                             
                                                                                                                                
REPRESENTATIVE  SADDLER   suggested  Amendment  may   need  to  be                                                              
modified for clarity.                                                                                                           
                                                                                                                                
3:41:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  THOMPSON mentioned  Representative Holmes  pointed                                                              
out  earlier that  Amendment 2  appears  not to  allow mail  order                                                              
prescriptions  to be audited.   He  suggested the language  should                                                              
be clear  that recoupment  could not be  assessed solely  based on                                                              
prescriptions mailed to patients.                                                                                               
                                                                                                                                
REPRESENTATIVE  HOLMES  said  that   was  the  direction  she  was                                                              
thinking makes  the most  sense.   She agreed with  Representative                                                              
Thompson on Amendment 2.                                                                                                        
                                                                                                                                
3:42:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON clarified  his understanding  that when  a                                                              
pharmacy  exclusively  mailed  prescriptions  the  language  would                                                              
ensure  the   pharmacy  would   never  be   audited.  He   further                                                              
understood that an auditor cannot assess recoupment or charge-                                                                  
backs  on  a  mail  order  prescription.    He  concluded  that  a                                                              
pharmacy  would never  have to  worry about  paying penalties  for                                                              
mail order prescriptions.                                                                                                       
                                                                                                                                
REPRESENTATIVE SADDLER concurred.                                                                                               
                                                                                                                                
REPRESENTATIVE MUNOZ  stated that the intention of  Amendment 2 is                                                              
not  to  stop  auditing  on  the   procedures,  but  to  ensure  a                                                              
pharmacist  does not  receive a  penalty for  mailing out  a mail-                                                              
order  prescription,   which  is  a  common  practice   in  Alaska                                                              
communities without access to a pharmacy.                                                                                       
                                                                                                                                
REPRESENTATIVE HOLMES  said she  interpreted Amendment 2  the same                                                              
way as  Representative Johnson,  which she did  not think  was the                                                              
sponsor's intent so she suggested the Amendment 2 be rewritten.                                                                 
                                                                                                                                
3:43:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHENAULT  asked  for specific  penalties  on  mail                                                              
order prescriptions.   He wondered whether the  auditor's issue is                                                              
the return  receipt paperwork or  that the prescription  is mailed                                                              
out versus not being mailed out.                                                                                                
                                                                                                                                
DR. CHRISTENSEN  suggested Amendment 2  may need to be  changed to                                                              
reflect   that  it   does  not   intend  to   exempt  mail   order                                                              
prescriptions from  being audited.   He expressed concern  that in                                                              
one  pharmacy  member's   case  an  auditor  wanted   all  of  the                                                              
prescription costs reimbursed.                                                                                                  
                                                                                                                                
REPRESENTATIVE  CHENAULT asked  the reason  a pharmacist  would be                                                              
penalized for a mail order prescription.                                                                                        
                                                                                                                                
DR. CHRISTENSEN  restated his earlier  comment that it  is because                                                              
a  PBM views  it as  competition  since they  own  their own  mail                                                              
order pharmacy.                                                                                                                 
                                                                                                                                
REPRESENTATIVE CHENAULT  suggested if the paperwork  is filled out                                                              
properly  that  there  should  not   be  any  penalty  unless  the                                                              
contract contains a "no mail policy."                                                                                           
                                                                                                                                
MR. BARNHILL  answered that  the administration  has no  objection                                                              
to   the  intent   of   Amendment   2,  subject   to   appropriate                                                              
wordsmithing by the legislative legal attorneys.                                                                                
                                                                                                                                
REPRESENTATIVE HOLMES removed her objection.                                                                                    
                                                                                                                                
3:47:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON made  a  motion to  table  Amendment 2  in                                                              
order  to allow the  committee an  opportunity  to review  how the                                                              
amendments  fit together  as  a  whole.   There  being no  further                                                              
objection, Amendment 2 was tabled.                                                                                              
                                                                                                                                
3:47:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  made  a   motion  to  move  Amendment  3,                                                              
labeled 27-LS0675\I.4, Martin, 3/14/12, which read:                                                                             
                                                                                                                                
     Page 2, line 30, following "provider,":                                                                                    
          Insert "documented telephone calls from the                                                                           
     prescriber or prescriber's agent,"                                                                                         
                                                                                                                                
CHAIR OLSON objected for purpose of discussion.                                                                                 
                                                                                                                                
3:47:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ  explained  that  Amendment  3  would  allow                                                              
pharmacists  to  use  telephone   records  when  responding  to  a                                                              
pharmacy audit.   She explained  substantial documentation  occurs                                                              
after  phone   calls  to   a  pharmacist   or  doctor   and  these                                                              
communications  should  be  considered part  of  the  prescription                                                              
record.   She related a  scenario in which  a patient may  show up                                                              
at  a  pharmacy  to  pick  up  a  prescription  sent  by  fax  for                                                              
penicillin.   The pharmacist  may notice  the patient  is allergic                                                              
to penicillin, confirm  this, and fax the information  back to the                                                              
dentist;  however,  to  expedite  the  prescription  process,  the                                                              
pharmacist  calls   the  dentist  and  the  dentist   changes  the                                                              
prescription  to   another  antibiotic.    The   pharmacist  would                                                              
document  the change  on  the original  fax  prescription and  the                                                              
patient  receives  the  proper medication.    She  concluded  that                                                              
Amendment  3 would  sanction  this  scenario and  allow  telephone                                                              
records to be used to document changes to prescriptions.                                                                        
                                                                                                                                
CHAIR OLSON guessed Amendment 3 was based on a specific case.                                                                   
                                                                                                                                
REPRESENTATIVE  MUNOZ   imagined  it  was  based   on  a  specific                                                              
instance,  but elaborated  that Amendment  3 would address  common                                                              
practices.                                                                                                                      
                                                                                                                                
3:49:22 PM                                                                                                                    
*                                                                                                                               
REPRESENTATIVE JOHNSON  expressed concern about  the documentation                                                              
and  how is  that defined.   He  asked whether  Amendment 3  would                                                              
require the documentation be written documentation.                                                                             
                                                                                                                                
REPRESENTATIVE MUNOZ deferred to Dr. Christensen.                                                                               
                                                                                                                                
DR.  CHRISTENSEN  answered that  typically  any changes  would  be                                                              
noted on  hard copy of the  original prescription.  He  also hoped                                                              
that  the dentist's  office  would have  a  similar record  change                                                              
noted.   He  recapped  by stating  everything  would generally  be                                                              
written  down,  including  that  the pharmacists  would  note  the                                                              
time,  date, and  the pharmacist's  initials would  be written  on                                                              
the prescription.                                                                                                               
                                                                                                                                
3:50:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  would like Amendment 3 clarified  since he                                                              
interpreted   it  to   mean  a   phone   record  could   represent                                                              
documentation.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  SADDLER echoed  Representative Johnson's  comments                                                              
that phone  record could  represent documentation,  but would  not                                                              
contain any information on the content, purpose, and originator.                                                                
                                                                                                                                
MR. BARNHILL  indicated  the DOA  does not have  any objection  to                                                              
Amendment   3.    He   pointed  out   that  paragraph   13  allows                                                              
pharmacists  to use documentation  and telephone  calls appear  to                                                              
fall within the scope of documenting any record.                                                                                
                                                                                                                                
3:52:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER  assumed an auditor would confirm  both ends                                                              
of the  documentation, including  the pharmacist  and the  dentist                                                              
in  the earlier  scenario.   He  inquired as  to  whether as  this                                                              
pertains  to  a  physical  audit  or just  a  phone  call  by  the                                                              
auditor.                                                                                                                        
                                                                                                                                
CHAIR  OLSON  reiterated the  question  is  if this  pertained  to                                                              
physical audits on premise.                                                                                                     
                                                                                                                                
DR.  CHRISTENSEN  answered the  issue  could  arise with  a  paper                                                              
audit, in  which a PBM  requests copies of  the front and  back of                                                              
prescriptions  or an in  pharmacy audit.   He highlighted  that by                                                              
law, a  pharmacist can currently  take a verbal  prescription from                                                              
a provider  so long  as the pertinent  information is  documented.                                                              
He explained  the intent of  Amendment 3  is to ensure  during the                                                              
course  of  an  audit that  these  documented  phone  records  are                                                              
considered valid.   He related a scenario in which  during a paper                                                              
audit  the pharmacist  submits the  documented  phone record,  but                                                              
the auditor  could chargeback  on that item.   He envisioned  that                                                              
it would  be up to  the pharmacist to  provide proof in  the event                                                              
of an  appeal.   The pharmacist  would obtain  the proof  and also                                                              
need  to provide  confirmation  from  the  dental office  for  the                                                              
auditor.                                                                                                                        
                                                                                                                                
3:54:45 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON withdrew his objection to Amendment 3.                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON made  a motion  to table  Amendment 3,  in                                                              
order  to allow the  committee an  opportunity  to review  how the                                                              
amendments  fit together  as  a  whole.   There  being no  further                                                              
objection, Amendment 3 was tabled.                                                                                              
                                                                                                                                
3:55:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  made  a  motion  to  adopt  Amendment  4,                                                              
labeled 27-LS0675\I.5, Martin, 3/14/12, which read, as follows:                                                                 
                                                                                                                                
     Page 3, lines 15 - 16:                                                                                                     
          Delete all material and insert:                                                                                       
          "(b)  This section does not apply to                                                                                  
               (1) a criminal investigation; or                                                                                 
               (2)  an investigation or audit by a                                                                              
    governmental    agency,   including    state    Medicaid                                                                    
     programs."                                                                                                                 
                                                                                                                                
CHAIR OLSON objected for the purpose of discussion.                                                                             
                                                                                                                                
3:55:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ explained  Amendment 4,  which would  exempt                                                              
those programs from the requirements of the law.                                                                                
                                                                                                                                
3:56:18 PM                                                                                                                    
                                                                                                                                
JON   SHERWOOD,  Medicaid   Special   Projects,   Office  of   the                                                              
Commissioner, answered  that Medicaid  is governed by  federal and                                                              
state law.   There are specific  state audit statutes  that govern                                                              
Medicaid under  AS 47.05.0200.   He stated that Amendment  4 would                                                              
clearly  remove  any conflict  with  federal  law or  other  state                                                              
audit  statutes and  allow  enable them  to  use consistent  audit                                                              
standards  across their  program and  would also  enable both  the                                                              
department and  the pharmacists to  have a clear  understanding of                                                              
what rules  apply to  Medicaid instead  of trying  to parse  which                                                              
statute applies in each situation.                                                                                              
                                                                                                                                
CHAIR  OLSON  related   his  understanding  that   one  effect  of                                                              
Amendment 4 is to zero out the fiscal note.                                                                                     
                                                                                                                                
MR. SHERWOOD answered yes.                                                                                                      
                                                                                                                                
3:57:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES  commented   anything  that  clarifies  the                                                              
Medicaid audit  sounds good.   She noted concerns  were previously                                                              
expressed about  the DOA's ability to  audit.  She inquired  as to                                                              
whether the language  in Amendment 4 would allay  the department's                                                              
concerns or if the amendment would need further work.                                                                           
                                                                                                                                
MR. BARNHILL  would be very happy  if the language in  Amendment 4                                                              
applied to DOA.                                                                                                                 
                                                                                                                                
3:59:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  if the Division  of Retirement  and                                                              
Benefits is a governmental agency.                                                                                              
                                                                                                                                
MR. BARNHILL answered yes.                                                                                                      
                                                                                                                                
REPRESENTATIVE JOHNSON  answered that he thought  the division was                                                              
covered.                                                                                                                        
                                                                                                                                
3:59:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  asked   Dr.  Christensen  whether   dual                                                              
enforcement causes any problems.                                                                                                
                                                                                                                                
DR.   CHRISTENSEN  responded   that   if  the   state's  plan   is                                                              
administered by a  prescription benefit manager (PBM)  so he would                                                              
like  clarification  that  it  does   not  apply  to  the  state's                                                              
insurance program.                                                                                                              
                                                                                                                                
4:00:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked him to repeat.                                                                                     
                                                                                                                                
DR. CHRISTENSEN  answered  that since the  state's insurance  plan                                                              
is administered -  the state's prescription benefits  portion - by                                                              
a prescription  manager he  envisioned that  the state  would also                                                              
need to abide by this bill.                                                                                                     
                                                                                                                                
REPRESENTATIVE MUNOZ  answered the intent  of Amendment 4  is that                                                              
all  PBMs would  fall  under  the  procedures established  in  the                                                              
bill.  Further,  the intent of  Amendment 4 is to  exempt Medicaid                                                              
programs and criminal investigations.                                                                                           
                                                                                                                                
4:01:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HOLMES   interpreted   that   the   Division   of                                                              
Retirement and Benefits would be exempt.                                                                                        
                                                                                                                                
REPRESENTATIVE MUNOZ  reiterated that the  purpose of the  bill is                                                              
to  have  PBMs,   whether  they  represent  the   state  or  other                                                              
organizations,  to  fall under  the  bill,  but  HB 259  does  not                                                              
include Medicaid or other federal audits.                                                                                       
                                                                                                                                
4:02:06 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON removed his objection.                                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON made  a  motion to  table  Amendment 4  in                                                              
order  to allow the  committee an  opportunity  to review  how the                                                              
amendments  fit together  as  a  whole.   There  being no  further                                                              
objection, Amendment 4 was tabled.                                                                                              
                                                                                                                                
CHAIR OLSON  agreed the amendments  need some additional  work and                                                              
staff has been taking notes.                                                                                                    
                                                                                                                                
4:03:18 PM                                                                                                                    
                                                                                                                                
LINDA  HALL, Director,  Division of  Insurance, Anchorage  Office,                                                              
Department   of  Commerce,   Community   &  Economic   Development                                                              
(DCCED), stated it  was interesting to reread bill.   The division                                                              
has also  found some issues with  audits in other areas  of health                                                              
care providers  and with insurers performing  audits approximately                                                              
a year  ago.   The division  adopted regulations  that are  not as                                                              
specific or  all-encompassing as  HB 259  since they generally  do                                                              
not  deal with  overpayment  recoveries, which  is  the thrust  of                                                              
this  bill.    She  pointed  out   some  similar  provisions  that                                                              
conflict in  timeframes.   The division  requires a 30-day  notice                                                              
before an insurer  can seek recovery.  The auditor  should be able                                                              
to identify  the specific  claim and  reason, which she  indicated                                                              
gets  at  extrapolation  issue.    The  division  has  a  narrower                                                              
timeframe  - 365  days.   The division  has  observed some  things                                                              
generally in the  health care/health insurer practice  in general,                                                              
not dealing with  PBMs, but generally the audit  of bills, whether                                                              
for a chiropractor, medical, or pharmacist's office.                                                                            
                                                                                                                                
4:04:54 PM                                                                                                                    
                                                                                                                                
MS.  HALL expressed  some  concerns  about HB  259,  such that  it                                                              
could create  such an  onerous environment and  PBMs may  not want                                                              
to  do business  here.    She identified  the  market  as a  small                                                              
market.   The division has observed  that some insurers  decide to                                                              
use  their resources  elsewhere  and PBMs  may  decide that,  too.                                                              
She recalled  today's discussion  about contracts between  the PBM                                                              
and an insurer  or plan sponsor.   She related that  contracts are                                                              
designed  for  specific  needs   and  goals  of  the  parties  and                                                              
expressed concern over  any loss of flexibility or  ability of the                                                              
parties to  negotiate the terms  of these contracts.   She offered                                                              
her belief that  PBMs general provide oversight  for cost savings.                                                              
She pointed  out that  these proposed  changes  do not affect  the                                                              
DOI's title;  however, she  does share concern  about the  cost of                                                              
health care,  which directly correlates  with premium rates.   She                                                              
reported  that the  division regulates  rates which  are based  on                                                              
health  care costs.    She pointed  out  that  if anything  causes                                                              
health  care costs  to go  up premiums  will also  increase.   She                                                              
expressed her  general concern with  the bill since the  state has                                                              
the highest health insurance premiums in the country.                                                                           
                                                                                                                                
4:06:46 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON  inquired as  to whether the  case pending  before the                                                              
U.S.  Supreme Court  [on  the  Patient Protection  and  Affordable                                                              
Care Act (PPACA)] could impact the outcome of this bill.                                                                        
                                                                                                                                
MS. HALL answered  that she did not think so since  the issues are                                                              
two very  different issues  and could  certainly impact  the state                                                              
and some  of the insurance  issues, but she  did not see  it would                                                              
affect this issue.                                                                                                              
                                                                                                                                
CHAIR OLSON  suggested that the state  may or may not  see federal                                                              
oversight in areas related to this bill.                                                                                        
                                                                                                                                
MS. HALL  asked for clarification.   She offered her  belief there                                                              
is current  more federal  oversight due to  the general  nature of                                                              
the  health   care  reform   laws,  but  she   did  not   see  the                                                              
relationship  of   audit  procedures  being  affected,   with  the                                                              
potential exceptions as previously noted by Mr. Sherwood.                                                                       
                                                                                                                                
4:07:48 PM                                                                                                                    
                                                                                                                                
NANCY DAVIS,  Executive Director,  Alaska Pharmacists  Association                                                              
(APA), read  comments from Bernie  Klouda, Pharmacist  at Bernie's                                                              
Pharmacy.   She also  provided some statistics  on audits  and PBM                                                              
contracts in  the state.   She related  that in July,  August, and                                                              
September  2011,  Bernie's  Pharmacy  was  subject  to  three  PBM                                                              
audits  within 90  days.   She identified  the three  PBMs as  CVS                                                              
Caremark, Express Script,  and Medco.  She stated  that each audit                                                              
covered  two to three  year period  of time  and included  250-300                                                              
prescriptions or  more.  She  reported that  one was a  desk audit                                                              
and  two were  on-site audits.    The pharmacy  had received  less                                                              
than  a 30-day  notice for  each  audit, yet  the preparation  for                                                              
these  audits is  extensive and  tedious, involving  not only  the                                                              
pharmacist  and   technicians,  but  also  other   highly  trained                                                              
personnel.    She   detailed  it  would  take   Bernie's  Pharmacy                                                              
approximately  two  weeks of  intensive  work  to prepare  for  an                                                              
audit, involving  a pharmacist, technician, filling  person and an                                                              
information technology  (IT) person to capture signature  logs and                                                              
other pertinent data required for an audit.                                                                                     
                                                                                                                                
MS. DAVIS  said that  the pharmacy uses  a human resources  person                                                              
to act  as a go  between with pharmacy  personnel, as well  as two                                                              
pharmacy  technicians to  pull the hard  copies of  prescriptions.                                                              
She  pointed out  that even  with  this many  people involved  the                                                              
pharmacy still  would have  a difficult  time completing  an audit                                                              
of  300  or  more  prescriptions   within  an  eight-hour  period.                                                              
Further,  the pharmacy  must still  care for  patients during  the                                                              
audit and  after an audit must  spend many days responding  to the                                                              
results  of the audit.   She  characterized the  audit process  as                                                              
one that takes  a tremendous physical and emotional  toll on their                                                              
pharmacy's  staff.  Pharmacists  understand  the need for  audits,                                                              
but  feel that  PBMs  must give  longer  notice  with a  specified                                                              
timeframe  between  multiple  audits.     Once  audits  have  been                                                              
completed,  the pharmacist  often must  then wait  up to one  year                                                              
for the  results.  She  pointed out that  their pharmacy  has only                                                              
heard from  one of the three PBMs  so far on the  audits conducted                                                              
last  summer.   She offered  her belief  that it  is necessary  to                                                              
include language  in the  bill to  outline specific timeframes  of                                                              
notice, results,  and negotiations of time between  multiple audit                                                              
requests.    She  noted  that  Bernie's  Pharmacy  is  located  in                                                              
Anchorage.                                                                                                                      
                                                                                                                                
4:11:25 PM                                                                                                                    
                                                                                                                                
MS. DAVIS,  in response to a  request by their  lobbyist, provided                                                              
some  statistics.   She said  that  of the  eight pharmacies  from                                                              
Southeast to  Northwest Alaska the  audits ranged from one  to 100                                                              
audits.   The PBM  contracts can  also range from  one to  100, as                                                              
well.   After  removing the  outliers  - the  high and  low -  the                                                              
average  audits  per  year  totaled   21  and  the  PBM  contracts                                                              
numbered  approximately 40.   She  said she is  working to  obtain                                                              
some additional statistics from chain pharmacies in Alaska.                                                                     
                                                                                                                                
4:12:48 PM                                                                                                                    
                                                                                                                                
MS. DAVIS  noted one pharmacy  in Southeast Alaska  indicated that                                                              
audits  seem  to be  increasing,  which  likely correlates  to  an                                                              
increase  in prescription  use  nationwide.   The  audits for  the                                                              
specific pharmacy  increased from 21 in  2010 to 34 in  2011.  She                                                              
noted that  two pharmacies  had large  audits, including  Bernie's                                                              
Pharmacy.  Another  pharmacy in Southcentral had  two large audits                                                              
over 100  prescriptions.  She highlighted  that what is  very time                                                              
consuming for pharmacies  is the copying for desk  audits and even                                                              
the on-site audits.                                                                                                             
                                                                                                                                
4:13:58 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON inquired  as to whether the prescription  copies could                                                              
be scanned.                                                                                                                     
                                                                                                                                
DR.  CHRISTENSEN answered  by law,  even  if a  pharmacy scans  or                                                              
digitalizes prescriptions  the pharmacist  must have  the original                                                              
hard  copy on  file.   He  reiterated that  even  if the  pharmacy                                                              
keeps  an  electronic  file,  the  pharmacy  must  print  out  the                                                              
record, including  copying the  prescription front  and back.   In                                                              
further response  to Chair Olson,  he agreed the signature  can be                                                              
a digital signature.                                                                                                            
                                                                                                                                
4:15:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER recalled  the average  audit numbered  21.                                                              
He asked whether that is per pharmacy or association.                                                                           
                                                                                                                                
MS.  DAVIS   answered  the   figure  represents   the  number   of                                                              
pharmacies that responded  to her request.  She  further clarified                                                              
that the figure  represents the average number of  audits per year                                                              
per pharmacy or a total of 21 audits per year.                                                                                  
                                                                                                                                
REPRESENTATIVE  SADDLER recalled that  the PBM contracts  numbered                                                              
40.   He  asked  for further  clarification  on  what that  figure                                                              
meant.                                                                                                                          
                                                                                                                                
MS. DAVIS  answered that  she took an  average of six  pharmacies,                                                              
after removing the  two outliers and tallied the total.   She said                                                              
there  were  an   average  number  of  40  contracts   signed  per                                                              
pharmacy.                                                                                                                       
                                                                                                                                
CHAIR  OLSON, in  response  to a  question,  clarified that  meant                                                              
there are 40 PBMs per pharmacy.                                                                                                 
                                                                                                                                
4:16:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  related his understanding that  on average                                                              
a pharmacy will contract with 40 PBMs.                                                                                          
                                                                                                                                
MS.  DAVIS  answered  that  one  pharmacy  in  Anchorage  had  100                                                              
contracts with  the lowest  number for  one pharmacy in  Southeast                                                              
Alaska, which had four PBM contracts.                                                                                           
                                                                                                                                
4:17:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked her  to  identify  the single  most                                                              
troublesome aspect of pharmacy audits.                                                                                          
                                                                                                                                
MS. DAVIS answered  that it would  be the PBMs do not  give enough                                                              
notice to pharmacies.   She supported a 30-day  notice, which some                                                              
states have gone  to and not having audits occur  during the first                                                              
week of the month  since is difficult since doctors  are typically                                                              
busy and fill  more prescriptions.  She stressed  that pharmacists                                                              
are  very busy.   She  characterized  the bill  as addressing  the                                                              
matter  of  fair  business  practices.     She  pointed  out  that                                                              
extrapolation   is  an   issue.     She   highlighted  that   most                                                              
pharmacists  are good  business  people and  she  could vouch  for                                                              
them.   She acknowledged  that there is  always some  problem, but                                                              
almost  all her members  are good  business people  and she  could                                                              
vouch  for them.   She  identified extrapolation  as another  huge                                                              
problem  which has  resulted in  a need  for legal  counsel.   She                                                              
reiterated audits will  not be eliminated and are  necessary.  She                                                              
concluded that there just needs to be a fair business practice.                                                                 
                                                                                                                                
4:18:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked   whether  the  Alaska  Pharmacists                                                              
Association (APA) could rank the 19 provisions in the bill.                                                                     
                                                                                                                                
MS.  DAVIS  offered  to  do  so   after  obtaining  feedback  from                                                              
members.   She  highlighted  that limiting  audit  periods to  two                                                              
years  could be  beneficial  since the  Alaska  Board of  Pharmacy                                                              
does not  require pharmacists  to keep  records beyond  two years.                                                              
She recalled one  pharmacy had been audited on records  up to four                                                              
years  earlier  and needed  to  go to  a  storage  area to  obtain                                                              
records - and  chip ice away to  get to the records.   She offered                                                              
her  belief  that  provision  seems  fair  and  reasonable.    She                                                              
cautioned  that she  did  not want  to  minimize  anything in  the                                                              
bill, but highlighted  things she thinks fall under  fair business                                                              
practices.                                                                                                                      
                                                                                                                                
CHAIR OLSON  indicated that  she could  pull together  information                                                              
and submit it to his office for distribution to members.                                                                        
                                                                                                                                
4:20:01 PM                                                                                                                    
                                                                                                                                
MICHAEL CARTIER,  Pharmacist; Executive  Vice President,  Envision                                                              
Pharmaceutical   Services   (Envision),   stated   that   Envision                                                              
currently provides  comprehensive services to the  State of Alaska                                                              
retirees and  dependents, including  pharmacy audits in  the scope                                                              
of their  services.  He said  that any money recouped  is returned                                                              
to their  client, which  is SOA  health plan.   He indicated  that                                                              
Envision does not  receive any revenue or reimbursement  for those                                                              
services.    He said  he  is  testifying  today in  opposition  to                                                              
certain  provisions   of  HB  259.     He  stated   that  Envision                                                              
fundamentally  agrees  with many  of  the  provisions  in HB  259,                                                              
including   requiring   adequate    notice,   audit   methodology,                                                              
prohibition  of  extrapolation,   auditors  not  being  reimbursed                                                              
based  on percentages,  and with  respect to  the appeals  process                                                              
and due  process.   He offered  to bring  up some  topics not  yet                                                              
discussed today.   First,  dispensing fees  are an important  part                                                              
of the  reimbursement formula for  a valid prescription  claim and                                                              
he  disagreed  with  eliminating  dispensing fees  from  an  audit                                                              
recovery.  He stated  when a claim is determined  to be invalid or                                                              
fraudulent that  the money  is the property  of the client  or the                                                              
plan.                                                                                                                           
                                                                                                                                
4:21:47 PM                                                                                                                    
                                                                                                                                
DR.  CARTIER  stated  that  secondly,  in  terms  of  clinical  or                                                              
professional   judgment,   the   audit  must   be   conducted   in                                                              
consultation  with  the  pharmacist,  which is  language  in  most                                                              
state  statutes  and would  be  an  improvement over  the  current                                                              
language  in bill.   Further,  the proposed  amendment to  exclude                                                              
mail  order claims  should  be rejected  since  in  the event  the                                                              
claim is  found invalid  or fraudulent that  it should  not matter                                                              
whether a prescription is filled by mail or in person.                                                                          
                                                                                                                                
4:22:28 PM                                                                                                                    
                                                                                                                                
CHAIR OLSON asked for comments on the 30-day notice provision.                                                                  
                                                                                                                                
DR.  CARTIER answered  that  14  days is  the  most common  notice                                                              
provision  so he  would side  with  14 days.   He  related he  has                                                              
heard 30 days  mentioned today, which he acknowledged  is noticing                                                              
some other states use.                                                                                                          
                                                                                                                                
CHAIR OLSON asked  for comments on the provision  that would limit                                                              
the necessity of keeping hard copies for more than two years.                                                                   
                                                                                                                                
DR. CARTIER  responded that hard  copies and records  would depend                                                              
on  whether  the transactions  were  commercial  or  governmental,                                                              
noting Medicaid  and Medicare  require longer  timeframes  and the                                                              
PBM must be in full compliance with those requirements.                                                                         
                                                                                                                                
4:23:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON  asked him to restate the  language that is                                                              
more appropriate in terms of clinical and professional judgment.                                                                
                                                                                                                                
DR. CARTIER  responded that the  existing language says  during an                                                              
audit which  requires clinical  or professional  judgment  it must                                                              
be done in consultation  with a pharmacist licensed  in the state.                                                              
The   vast  majority   of  other   states   have  passed   similar                                                              
legislation  to  include  language  such  that  when  clinical  or                                                              
professional  judgment  is required  it  is done  in  consultation                                                              
with a pharmacist.                                                                                                              
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  whether his  only objection  is not                                                              
using a licensed pharmacist in the state.                                                                                       
                                                                                                                                
DR. CARTIER  answered that clinical  and professional  judgment is                                                              
conferred  upon the  scope  of training,  education,  fellowships,                                                              
and residencies  and  scope of training  and  is not dependent  on                                                              
location or licensure  in certain states but is more  a product of                                                              
education.                                                                                                                      
                                                                                                                                
REPRESENTATIVE   JOHNSON   asked    whether   any   auditors   are                                                              
pharmacists.                                                                                                                    
                                                                                                                                
DR. CARTIER  answered yes.   He  stated that  some in his  company                                                              
are pharmacists.                                                                                                                
                                                                                                                                
4:24:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON  asked   whether  he  could  consult  with                                                              
himself or herself.                                                                                                             
                                                                                                                                
DR. CARTIER answered  the consultation would be  with the pharmacy                                                              
or  pharmacist  that is  being  audited.   Thus  the  consultation                                                              
would be professional to professional interaction.                                                                              
                                                                                                                                
4:25:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER   recalled  earlier  testimony   that  one                                                              
reason  a PBM  would disallow  mail order  prescriptions is  since                                                              
the pharmacy  would be in competition  with other elements  of his                                                              
business.    He  asked  if  he   would  like  to  respond  to  the                                                              
allegation or concern.                                                                                                          
                                                                                                                                
DR.  CARTIER answered  that  he  guessed it  would  be  more of  a                                                              
contractual  requirement between  the PBM  and the  pharmacy.   He                                                              
said  it  was  not  Envision'  s  concern.    He  reiterated  that                                                              
Envision  is not worried  about competing  with retail  pharmacies                                                              
in Alaska.                                                                                                                      
                                                                                                                                
4:26:27 PM                                                                                                                    
                                                                                                                                
LIS  HOUCHEN, Northwest  Regional  Director, National  Association                                                              
of Chain Drugstores,  stated that of the 88 pharmacies  in Alaska,                                                              
54 are  chains.   Her organization  represents Costco,  Healthmart                                                              
Systems,  Carrs/Safeway,  Target, Walgreens,  and  Wal-Mart.   She                                                              
offered to  reiterate some  high points.   She stated that  HB 259                                                              
would  set  the standards  by  which  pharmacies are  audited  and                                                              
allow for  an appeal in  case of a  disagreement.   Pharmacies are                                                              
not  opposed  to audits  based  on  suspicion of  fraud,  unlawful                                                              
billing practices and  abuse.  She compared HB 259  with a similar                                                              
bill signed  into law last week  in Utah.  She stated  that notice                                                              
of audit  in HB 259 requires  two weeks, but  in Utah is  10 days.                                                              
The first seven  days of the month should not be  audited under HB
259, but  Utah limits it  to five days.   The look back  period is                                                              
very similar,  which is 24 months  in HB 259, but is  18-24 months                                                              
in  the Utah  law.   The  number of  claims  to be  audited is  75                                                              
claims in  Alaska, whereas the Utah  law limits the audits  to 200                                                              
claims.   The areas that  are the  same in HB  259 and in  Utah is                                                              
the no  inclusion of  dispensing  fees in terms  of recoupment,  a                                                              
60-day  preliminary   audit  report,   and  allows  30   days  for                                                              
pharmacies to respond, and establishes appeals processes.                                                                       
                                                                                                                                
4:28:40 PM                                                                                                                    
                                                                                                                                
MS.  HOUCHEN  stated  that  Ms.  Davis  identified  what  is  most                                                              
important  to pharmacists  is to  set a standard  by which  audits                                                              
would be  conducted and encompasses  the broad piece  important to                                                              
everyone.   She related, in  terms of the  final report,  that the                                                              
final report  would be due  in 90 days whereas  in Utah it  is due                                                              
within 120 days.   She highlighted the only initial  opposition in                                                              
Utah was from  the three PBMs who  met with proponents  to work on                                                              
compromises.   She  said that  she and  other members  of the  APA                                                              
would be  happy to  work on  possible compromises  to keep  HB 259                                                              
moving.                                                                                                                         
                                                                                                                                
4:29:23 PM                                                                                                                    
                                                                                                                                
MR.  BARNHILL  emphasized that  the  DOA  has concerns  since  the                                                              
state  has  a  very  large plan  and  manages  upwards  of  46,000                                                              
members, their  dependents, and  beneficiaries.  The  state spends                                                              
a large  amount on  pharmacy costs  each year.   He referred  to a                                                              
document in members'  packets titled AlaskaCare Drug  Spend - July                                                              
2006  thru December  2011  that  details expenses  per  year.   He                                                              
tallied  the total  costs by  quarter  and stated  as follows  the                                                              
fiscal year  totals:   in FY 07  - $98.3 million,  FY 08  - $119.8                                                              
million, FY  09 - $126.4 million,  FY 10 - $131.5 million,  and in                                                              
FY 11  - $141.6  million.  Thus  over the  past five and  one-half                                                              
years,  the state  is  approaching  $700 million  in  prescription                                                              
drug  spend for  AlaskaCare  Drug Spend  for  retirees and  active                                                              
employees.  He  pointed out that this represents  nine percent per                                                              
year growth  rate.  The  state shares the  concerns that  Ms. Hall                                                              
noted  earlier, which  is the  cost of  health care  in Alaska  is                                                              
growing at an  astounding rate and is unsustainable.   He referred                                                              
to the  next chart  in members' packets  titled, "State  of Alaska                                                              
Health Care  Expenditures," and  read totals  for FY 01  at $885.7                                                              
million, which  has increased  to over  $2 billion in  FY 11.   He                                                              
reported that  the average  annual growth  rate per member  ranges                                                              
between  five  and  six  percent,  which is  double  the  rate  of                                                              
inflation  in Alaska  over this  time period.   He concluded  that                                                              
this has  resulted in the state  having $11.1 billion  in unfunded                                                              
liability  costs.    He  stated  that it  is  incumbent  upon  the                                                              
state's Division  of Retirement  and Benefits to  prudently manage                                                              
its  health care  expenditures,  in particular,  for  prescription                                                              
costs since they are increasing at such a great rate.                                                                           
                                                                                                                                
4:32:14 PM                                                                                                                    
                                                                                                                                
MR. BARNHILL  pointed out that one  way the state does  this is by                                                              
conducting pharmacy  audits.  The state needs to  continue to have                                                              
the appropriate tools  to do so; however, the state  does not want                                                              
to put pharmacies  out of business  in Alaska.  He said  that this                                                              
is  not  the state's  intention.    The  state  wants all  of  the                                                              
medical  providers to  have healthy  businesses.   The state  must                                                              
achieve the  situation in  which medical  business is  sustainable                                                              
for the providers  and for the state.  He predicted  that the path                                                              
the  state  is   currently  on  in  terms  of   health  care  cost                                                              
expenditures  is  increasing  at  double  or triple  the  rate  of                                                              
inflation,  which is  not  sustainable.   He  emphasized that  the                                                              
state needs the tools to rein prescription drug costs in.                                                                       
                                                                                                                                
MR. BARNHILL  asked to discuss the  DOA's concerns with  the bill.                                                              
He pointed  out a  number of procedural  protections contained  in                                                              
the  bill.    He  suggested  that  audits  or  investigations  are                                                              
entitled  to certain  protections, which  he deemed  as fair.   He                                                              
stated   that  the   procedural  protections   are  contained   in                                                              
paragraphs 12 through 15.  He said, "Those are fine."                                                                           
                                                                                                                                
4:33:53 PM                                                                                                                    
                                                                                                                                
MR. BARNHILL  stressed that  even without HB  259 the  state would                                                              
insist  the PBM  should  be fair  when auditing  a  pharmacy.   He                                                              
added that paragraphs 1 and 2 are also procedural.                                                                              
                                                                                                                                
MR. BARNHILL  listed the  division's concerns  some of  which have                                                              
already  been  covered.  He  referred  to page  2,  lines  6-7  to                                                              
paragraph  3,  which  would  limit   audits  to  two  years.    He                                                              
explained  that  the  state's  PBM   enters  into  contracts  with                                                              
periods  specified longer  than  two years.    He recommended  the                                                              
committee let the contracts control this process.                                                                               
                                                                                                                                
MR.  BARNHILL   stated  limiting  audits  that   include  clinical                                                              
professional  judgment  to be  conducted  in consultation  with  a                                                              
pharmacist  licensed in  Alaska  is particularly  concerning.   He                                                              
stated there has  been a disturbing trend towards  a consolidation                                                              
of providers  and whenever consolidation  happens the  prices also                                                              
increase dramatically.   He  hoped this would  not happen,  but if                                                              
pharmacists  band together  in the  state and  resist audits  this                                                              
provision would  eliminate the  ability of  the PBMs to  prudently                                                              
audit.                                                                                                                          
                                                                                                                                
4:35:34 PM                                                                                                                    
                                                                                                                                
MR. BARNHILL  referred to paragraph  6 to how clerical  errors are                                                              
handled.  He stated  that as a matter of law  clerical errors that                                                              
are  discovered and  allowed to  proceed  may actually  constitute                                                              
fraud.                                                                                                                          
                                                                                                                                
MR. BARNHILL  referred to  paragraph 7,  relating that  an auditor                                                              
conducting  an  audit  may  only have  access  to  previous  audit                                                              
reports  prepared by  the  auditor,  which seems  too  broad.   He                                                              
stated that  all PBMs should have  the ability to  review previous                                                              
audits.                                                                                                                         
                                                                                                                                
MR. BARNHILL  referred to  paragraph 8.   He  was unsure  how this                                                              
would  coincide  with  Amendment  4.   He  said  that  under  this                                                              
provision an  auditor may only  provide information to  the person                                                              
requesting  the  audit  and  the   pharmacy  being  audited.    He                                                              
highlighted  if an  audit uncovers  criminal  misconduct that  the                                                              
PBM has an obligation  to refer that to the Department  of Law for                                                              
review.                                                                                                                         
                                                                                                                                
MR.  BARNHILL  referred   to  paragraph  11.     He  related  that                                                              
dispensing  fees  were  previously  discussed.    He  stated  that                                                              
dispensing  fees  come  out  of  the  state's  trust  to  pay  the                                                              
pharmacist.   He  emphasized  that if  the  prescription has  been                                                              
filled in  error he did not  understand why the  pharmacist should                                                              
keep the fees.  He said that applies to paragraph 16, as well.                                                                  
                                                                                                                                
MR. BARNHILL  referred to  paragraph 18  with respect  to interest                                                              
fees which  may not accrue during  an audit period.   Again, these                                                              
are funds that the  trusts or the state has paid.   He stated when                                                              
a claim is paid  in error the interest charged is  simply the time                                                              
value of money and it seems to him that interest should accrue.                                                                 
                                                                                                                                
MR.  BARNHILL  referred  to Section  4,  the  immediate  effective                                                              
date.   This  bill  will require  massive  adjustment  of all  the                                                              
contracts, which is  time consuming and the state would  ask for a                                                              
transition period.                                                                                                              
                                                                                                                                
4:37:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  how  much the  state has  recovered                                                              
through audits.                                                                                                                 
                                                                                                                                
MR. BARNHILL  said he  did not know.   He  offered to  provide the                                                              
information to the committee.                                                                                                   
                                                                                                                                
4:38:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON asked  whether the  audits are similar  to                                                              
the threat of IRS  to keep people honest or if  they are a revenue                                                              
source.                                                                                                                         
                                                                                                                                
MR.  BARNHILL  responded that  the  point  of  audits is  to  keep                                                              
honest  people honest.   More  importantly, the  audits provide  a                                                              
tool  the PBM  need to  prudently  govern and  monitor the  amount                                                              
spent on prescriptions.                                                                                                         
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  for clarification  on  whether  he                                                              
said the  audits were tools to  monitor the amount being  spent or                                                              
that does not need to be spent.                                                                                                 
                                                                                                                                
MR. BARNHILL  answered that  audits provide a  tool the  state can                                                              
use  to prudently  monitor  how  the state  is  spending money  on                                                              
prescription drugs.                                                                                                             
                                                                                                                                
4:39:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  asked whether  he has analyzed  whether PBMs                                                              
actually add costs to prescription medications.                                                                                 
                                                                                                                                
MR. BARNHILL answered no.                                                                                                       
                                                                                                                                
CHAIR OLSON brought up extrapolation.                                                                                           
                                                                                                                                
MR. BARNHILL  stated he  did not  object to  provisions in  HB 259                                                              
related  to extrapolation.    He  stated he  believes  there is  a                                                              
fairness  element to  that provision  and he  has no objection  to                                                              
limiting it.                                                                                                                    
                                                                                                                                
CHAIR OLSON  mentioned this  provision means  a great deal  to the                                                              
people who have contacted his office.                                                                                           
                                                                                                                                
4:40:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  inquired as to whether he  had any objection                                                              
to the 30-day notice prior to an audit.                                                                                         
                                                                                                                                
MR.  BARNHILL answered  that  he  did not  have  any objection  to                                                              
providing 30-days'  notice prior  to an audit.   He said  it seems                                                              
fair.                                                                                                                           
                                                                                                                                
4:40:52 PM                                                                                                                    
                                                                                                                                
CHAIR  OLSON,  after  first  determining  no one  else  wished  to                                                              
testify, closed public testimony on HB 259.                                                                                     
                                                                                                                                
[HB 259 was held over.]                                                                                                         
                                                                                                                              
4:41:10 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:41 p.m. to 4:43 p.m.