Legislature(2003 - 2004)

04/01/2004 09:07 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     CS FOR SENATE BILL NO. 357(L&C)                                                                                            
     "An  Act relating  to the  regulation of  insurance,  insurance                                                            
     licenses,   qualifications  of  insurance  producers,   surplus                                                            
     lines,  fraud  investigations,  electronic   transactions,  and                                                            
     compliance  with  federal   law  and national   standards;  and                                                            
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Wilken  stated that this  legislation which is referred  to                                                            
as "the  insurance  omnibus bill,"  would make  numerous changes  to                                                            
current language  in order to ensure  that State statutes  remain in                                                            
compliance with federal  law and Model Act standards and guidelines.                                                            
                                                                                                                                
Amendment #2:  This amendment inserts  the word "genetic"  after the                                                            
word "Medical" in Section 2 subsection (a) on page two, line 13.                                                                
                                                                                                                                
In addition, on  line 16 of that same section, the  word "public" is                                                            
deleted  and, following the  word "disclosure",  the words  "without                                                            
the expressed  consent of the enrollee  or applicant" are  inserted.                                                            
                                                                                                                                
Senator Olson moved for the adoption of Amendment #2.                                                                           
                                                                                                                                
Co-Chair Green objected.                                                                                                        
                                                                                                                                
Senator  Olson voiced  that this  amendment would  address  concerns                                                            
relating  to medical  confidentiality  as identified  in Section  2,                                                            
subsection (a) beginning on page two, line 13.                                                                                  
                                                                                                                                
                                                                                                                                
SFC 04 # 65, Side B 09:54 AM                                                                                                    
                                                                                                                                
                                                                                                                                
Senator Olson  stated that, in addition, there is  concern regarding                                                            
the bill's repealing of  AS 21.34.280 as specified in Section 52, on                                                            
page 29, beginning  on line 13. [NOTE:  Senator Olson inadvertently                                                             
referenced  line nine  in  his testimony.]  He noted  that  Members'                                                            
packets  contain   a  copy  of  the  language  pertaining   to  Sec.                                                            
21.86.280.  Confidentiality of medical  information. [copy  on file]                                                            
as currently  mandated in State statute.  He noted that as  a result                                                            
of technological  advances,  the confidentiality  of such things  as                                                            
genetic information  should be addressed.  Therefore, inserting  the                                                            
word "genetic"  into Section  2, subsection  (a) would address  this                                                            
concern. Inserting  the language "without  the expressed  consent of                                                            
the enrollee or  applicant" would further address  public disclosure                                                            
concerns in the absence of AS 21.86.280.                                                                                        
                                                                                                                                
LINDA  HALL,   Director,  Division   of  Insurance,  Department   of                                                            
Community and Economic  Development, stated that the Division is not                                                            
opposed  to the  amendment. The  intent  of the  bill's language  in                                                            
Section  2  and  the  repealing  of  AS  21.86.280  were  "to  bring                                                            
consistency to  privacy regulations" pertaining to  medical records.                                                            
The repealing of AS 21.86.280  is included because other sections in                                                            
the  bill provide  the  same coverage,  specifically  in  addressing                                                            
regulation pertaining to  Health Management Organizations [HMOs]. In                                                            
addition, the Division  recently underwent "a regulatory project and                                                            
adopted  regulations  dealing  with  privacy  with  input  from  all                                                            
consumers."  These regulations  are  currently under  review by  the                                                            
Department of  Law. She stressed that the State has  adopted privacy                                                            
regulations  that  would  require  that  the consumer  "opt  in"  to                                                            
approve the sharing of  their medical information. She stressed that                                                            
while  the Division  supports  the ability  of  insurance  companies                                                            
being  able to  collect medical  information,  it  also upholds  the                                                            
position that insurance  companies should be prohibited from sharing                                                            
the information, "generally."  The understanding is that this is the                                                            
concern being addressed by Amendment #2.                                                                                        
                                                                                                                                
Co-Chair  Green  asked  whether  the  definition   of  "genetic"  is                                                            
included  in  State Statute.  Furthermore,  she  asked  whether  the                                                            
confidentially   of  medical  genetic   information  and   financial                                                            
information  is recognized  "at the same  level of seriousness."  In                                                            
addition, she  asked whether there  is "a technical method"  whereby                                                            
information  would  be  considered  "routine"  as opposed  to  being                                                            
considered "invasive or intrusive" personal information.                                                                        
                                                                                                                                
Ms. Hall  responded that  the definition of  the term "genetic"  has                                                            
not been addressed  in the Insurance  chapter of State regulations.                                                             
It is  unknown  as to whether  the term  might  already be  included                                                            
under medical information.                                                                                                      
                                                                                                                                
Ms.  Hall informed  that the  privacy  of financial  information  is                                                            
treated  differently than  medical information  in that individuals                                                             
are provided "an opt-out  standard" for financial information rather                                                            
than  "an opt-in  standard"  for  medical  information.  The  Opt-In                                                            
Standard would  prohibit the sharing  of medical information  unless                                                            
an individual  actively agreed. The  Opt-Out standard would  allow a                                                            
person's financial  information to be shared with  affiliates rather                                                            
than the public, unless  the person actively elected to prohibit it.                                                            
                                                                                                                                
Co-Chair  Green voiced  concern regarding  the lack  of a  "genetic"                                                            
definition in State Statute,  as the words "medical", "genetic," and                                                            
"financial" have  very different levels of meanings,  "intensity and                                                            
seriousness."  She voiced being unsure that addressing  these issues                                                            
in  this manner  is  appropriate.  She also  acknowledged  that  the                                                            
procedures required to  distribute and acquire consent forms in this                                                            
regard is  "cumbersome" for  both the provider  and the individual.                                                             
She voiced concern  that action relating to this bill  might further                                                            
create inefficiencies in this regard.                                                                                           
                                                                                                                                
Ms. Hall  agreed  that the  requirement  of any  consent form  would                                                            
create an  additional step  on the part of  providers and  insurers,                                                            
both  of   whom  have   requested  that   the  State  refrain   from                                                            
implementing any steps  that would make the consent form process for                                                            
Alaska different  from the national standard, as this  would require                                                            
an  additional  expense  and  burden  and  would  prevent   business                                                            
efficiency.                                                                                                                     
                                                                                                                                
Co-Chair Green declared,  "that this is a bigger issue than it might                                                            
appear at first glance."  Therefore, she would oppose the amendment.                                                            
                                                                                                                                
Senator Olson moved to withdraw Amendment #2.                                                                                   
                                                                                                                                
There  being   no  objection,  Amendment   #2  was  WITHDRAWN   from                                                            
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Wilken noted that  Amendment #2 is being withdrawn with the                                                            
understanding  that Senator Olson, Co-Chair Green,  and the Division                                                            
of Insurance  would work together  to address Committee concerns  in                                                            
its regard.                                                                                                                     
                                                                                                                                
Co-Chair Wilken ordered the bill HELD in Committee.                                                                             
                                                                                                                                

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