Legislature(2013 - 2014)SENATE FINANCE 532
03/30/2013 01:00 PM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 49 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 49
"An Act defining 'medically necessary abortion' for
purposes of making payments under the state Medicaid
program."
1:08:32 PM
JIM MINNERY, ALASKA FAMILY ACTION, ANCHORAGE (via
teleconference), testified in support of SB 49. He felt
that SB 49 did not restrict a person's access to abortion.
He pointed out that SB 49 would not restrict a woman's
right to an elective an abortion. He stated that SB 49 was
intended to restrict an abortion that is paid for Medicaid
to be considered "medically necessary." He referred to
testimony by the Chief Legal Counsel from Planned
Parenthood. He shared that she could not define an
"elective abortion." He quoted Laura Einstein's testimony,
"With all due respect, I don't know an elective abortion
is." He felt that there needed to be a clearer definition
of "medically necessary." He was uncomfortable with a
doctor deeming an abortion "medically necessary" just
because a woman felt a pregnancy was interfering with her
life. He remarked that if the state pays for the abortion,
Alaska might be looked at as endorsing the choice to have
an abortion. He stressed that the bill's intent was related
to definitions. He felt that the issue was culture versus
law. He remarked that Alaska was working hard to ensure
that Medicaid was not paying for elective abortions. He
felt that it was fraud for Medicaid to pay for elective
abortions.
1:15:54 PM
JENNIFER ALLEN, DIRECTOR OF PUBLIC POLICY, PLANNED
PARENTHOOD GREAT NORTHWEST, SEATTLE (via teleconference),
spoke in opposition to SB 49, to protect the freedom and
privacy of all Alaska women, no matter their income, to
make their own pregnancy decisions in consultation with
their doctors. She remarked that Planned Parenthood was a
health care provider, whose mission was to ensure access to
high quality reproductive health care. She stated that
Planned Parenthood operated five health care centers in
Alaska; and served over 7000 Alaskans in 2011, and two
thirds of those people were low income individuals. She
stressed that the vast majority of the services focused on
prevention; including cancer screenings, birth control, and
screening for sexually transmitted infections. She shared
that Planned Parenthood was also a provider of safe
abortion care. She explained that Planned Parenthood could
not give a definition of an "elective abortion", because
that Planned Parenthood believed the term "elective" had
been imbued with negative value, and was used to demean or
shame women who choose to end a pregnancy. She furthered
that Planned Parenthood could not give a definition of
"medically necessary", because the only person who could
answer that question would be a physician. She explained
that Planned Parenthood worked extensively with Department
of Health and Social Services on a new regulation that was
established to add a layer of extra certification to ensure
that Medicaid-paid abortions in Alaska were medically
necessary. She felt that the legislation would put women's
health at risk by deterring or delaying women from seeking
abortions in Alaska, for whatever reason. She stressed that
pregnancy decisions should be made by a woman and her
doctor.
1:20:45 PM
LAURA EINSTEIN, CHIEF LEGAL OFFICER, PLANNED PARENTHOOD
GREAT NORTHWEST, SEATTLE (via teleconference), testified
against SB 49, and aligned her testimony with Ms. Allen.
She felt that the testimony in favor of the bill was
extremely inaccurate. She shared that the 2001 Supreme
Court ruling stated that "if the purpose of this definition
was to limit abortions or to favor childbirth, it was not
constitutional." She felt that the presentation of the bill
did not reflect savings to the State. She stressed that the
bill was not constitutional, because there was no evidence
that denying abortion care would save the State money;
particularly compared to those cost involved, if some of
the women continue their pregnancy. She stressed that the
2001 case of Planned Parenthood vs. State of Alaska, the
Supreme Court concluded that the State was unable to
articulate the compelling need to discriminate against
women seeking abortions. She felt that the same result
would occur, if the legislature adopted the legislation.
1:25:55 PM
PAUL JOHNSEN, SELF, PETERSBURG (via teleconference),
testified in opposition to SB 49. He stated that he
believed the right of all women to choose what to do with
their bodies, and felt that Roe v. Wade affirmed that
right. He felt that the legislation was an attempt to
circumvent Roe v. Wade. He did not feel that the
legislature had a right to impose morality on others, and
remarked that the bill would have a detrimental effect on
poor women. He remarked that the legislature should not
spend time on this legislation, because there were real
government problems in the state that warranted attention.
1:27:39 PM
KATE FINN, NURSE, HOMER (via teleconference), spoke in
opposition to SB 49. She shared that she had worked for
five years as a sexual assault nurse examiner. She stated
that the legislature had guidelines as to what activities
constitute rape behavior; there was nothing on who decided
if those activities occurred during a particular sexual
encounter. She wondered how rape was defined as "rape." She
wondered if the rape was decided based on the circumstances
reported by the woman; was it a decision that a physician
or an examiner made, based on the reported incident and
physical findings; was the decision up to the police who
may or may not have been asked to respond to the incident;
does the decision require witnesses to corroborate the
woman's report; does a judge and jury decide. She remarked
that the determination of rape was important to when and
whether or not a woman could use Medicaid to obtain an
abortion.
1:30:48 PM
LYNN AMMU, SELF, PALMER (via teleconference), testified in
opposition to SB 49. She shared that she worked with
adoptions and foster care families. She stressed that there
is always a grief reaction for a woman who chooses to have
an abortion; but there was also a grief reaction for a
woman who chooses to give her child up for adoption. She
explained that the mother always grieves for the state of
the child that she relinquished. She stressed that the fate
of the adopted child was always a concern and source of
worry for the birth mother. She felt that there should not
be limitation on abortions, especially for poor and
minority women.
1:33:22 PM
AMY BOLLENBACH, SELF, HOMER (via teleconference), spoke in
opposition to SB 49. She stressed that the cost of abortion
was much less than financing the birth and personal
expenses. She agreed with the previous testifiers, who had
testified in opposition. She felt that poor woman have the
same rights as men and rich woman. She referred to a
request from Senator McGuire from Legislative Research,
which reflected that the status of women in Alaska was
worse than much of the rest of the nation. She stressed
that there were many Alaskan women who were homeless,
because of domestic violence. She felt that these homeless
women would face additional challenges, if they were not
granted State funds for abortions.
1:35:14 PM
DIANA CONWAY, SELF, HALIBUT COVE (via teleconference),
testified against SB 49. She referred to her letter of
opposition (copy on file). She shared that she had given
birth twice, and later had an abortion after her birth
control failed. She stated that she had some experience
working very poor people and families. She pointed out that
when women are discriminated against, they become second
class citizens, and therefore made women more susceptible
to violence. She felt that SB 49 was discriminatory,
because it only chooses one medical procedure for which to
define the term "medically necessary." She remarked that
the bill did not describe any procedures that men obtain.
She stressed that the decisions were made between the man
and his doctor; which was were the decision properly
belonged.
1:37:54 PM
JEAN JAMES, SELF, FAIRBANKS (via teleconference), spoke in
opposition to SB 49. She shared that she grew up in a time
when abortion was illegal. She felt that it was the
physician's decision to determine was it considered
medically necessary, and not the decision of the
legislature. She remarked that the bill would be subject to
expensive litigation. She felt that the money could be used
towards pregnancy prevention care. She shared that her late
husband would have been opposed to SB 49.
1:40:12 PM
MARY KEHRHAHN-STARK, SELF, FAIRBANKS (via teleconference),
testified in opposition to SB 49. She felt that poor and
rich people should be given equal protection under the law
as ruled by the Alaska Supreme Court. She remarked that an
unplanned pregnancy was not an issue to be discussed by
politicians; she felt that it was an issue to be discussed
between a woman and her doctor.
1:42:08 PM
SUSAN SCHRADER, SELF, JUNEAU, spoke in opposition to SB 49.
She felt that the decisions should be left to the woman,
her family, her physician. She stressed that neither she
nor her husband had ever discussed their medical treatment
options with their legislators. She understood that her
testimony would not sway those that are philosophically
opposed to abortion rights.
1:44:45 PM
GEORGE W. BROWN, PHYSICIAN, DOUGLAS, testified in
opposition to SB 49. He understood that the issue was very
complicated. He remarked that abortions were the result of
mental health and behavioral health issues. He felt that it
was scientifically inaccurate to differentiate between
mental and physical health. He stressed that there was a
better way to deal with the problem. He felt that the issue
was confrontational and controversial. He stressed that the
focus should be on decreasing unwanted pregnancy through
prevention.
1:47:47 PM
CYNTHIA SIMPSON-SUGAR, SELF, JUNEAU, testified in
opposition to SB 49. She shared that she had lived in
Alaska for 40 years. She stressed that only a trained and
licensed physician had the right to determine what was
medically necessary for their patients. She shared that
Alaskans valued freedom, privacy, and independence. She
felt that SB 49 would interfere with the private and
autonomous patient and doctor relationship. She stated that
the legislation would erode the ability of the patient,
their medical doctor, and their family to privately make
the best medical decisions. She felt that SB 49 was
discriminatory, because it limited reproductive health
options for those who relied on the government for their
health care.
1:50:40 PM
JOYANNE BLOOM, SELF, JUNEAU, spoke against SB 49. She
shared that she taught Government in school. She felt that
SB 49 would be a terrible teaching tool. She remarked that
the bill would show a disregard to the constitution. She
felt the committee needed to focus on the priorities. She
remarked that an unplanned pregnancy was not an issue to be
discussed by politicians; she felt that it was an issue to
be discussed between a woman and her doctor.
1:53:19 PM
RACHEL GEARHART, SELF, JUNEAU, testified in opposition to
SB 49. She felt that if the bill passed, there would still
be unplanned pregnancies, which would result in higher
social services costs. She pointed out that behavioral
health providers must attest to medical necessary
treatments, as defined by the consumer's specific taken
into consideration. She remarked that that a blanket list
of medically necessary criteria could not adequately meet
the requirement that were so personal between a woman and
her doctor. She reiterated Dr. Brown's comments. She
pointed out that daughters born to young, low-income,
unprepared cycles repeat their mother's cycle.
1:56:28 PM
JOHN SONIN, SELF, JUNEAU, testified in opposition to SB 49.
He agreed with many of the previous testifiers. He felt
that the bill's consideration should be based on logic. He
felt that education should be the focus of the committee,
and added that the new oil tax legislation was also
unnecessary.
2:01:21 PM
ROBIN FORD, SELF, ANCHORAGE (via teleconference), spoke in
opposition to SB 49. She remarked that she was planning on
practicing medicine in the state upon her graduation from
medical school. She felt that the bill would come between
decisions between patients and their doctors. She remarked
that there are no good reasons why women should be
discriminated against as related to their ability to afford
health care. She stressed that the Alaska Supreme Court had
upheld that the Alaska Constitution protected the right to
privacy for individuals, especially between a woman and her
doctor.
EILUNED HOGENSON, PHYSICIAN, FAIRBANKS (via
teleconference), testified against the legislation. She
believed the bill was poorly crafted and was too broad to
accomplish anything. She discussed medical conditions
pointed to under the bill and items that were medically
questionable. She explained conditions that could
potentially be fatal for pregnant women. She wondered who
would decide what was serious; and remarked that the bill
would create confusion. She spoke to traumatic experiences
for pregnant women.
2:06:55 PM
KAREN LEWIS, EXECUTIVE DIRECTOR, CENTER FOR BIO ETHICAL
REFORM, PALMER (via teleconference), spoke in support of SB
49. She felt that abortion was violent, and killed babies.
She likened children in the womb to slavery. She stated
that the children in the womb were not a part of the
mother's body, because they had their own unique genetic
make-up. She remarked that the children were destroyed,
because they had been deemed the property of their mother;
the mother then deemed them unwanted and "sentenced them to
death." She felt that abortion had no place in the United
States.
2:11:03 PM
DEE LONGENBAUGH, SELF, JUNEAU (via teleconference),
testified in opposition to SB 49. She referred to an
article in Harper's Magazine that stated that the bible was
not against abortion. She referred to Exodus in the bible
that stated that killing a baby through abortion resulted
in the payment of a fine. Abortion was not considered
murder in Roman times.
2:12:50 PM
CATHY GIRARD, SELF, ANCHORAGE (via teleconference), spoke
against SB 49. She reiterated the previous testifiers'
comments related to the Alaska Supreme Court decision on
privacy. She felt that legislators should not make
decisions about health care and health determinations. She
stressed the importance of providing easier access to birth
control for men and women, in order to prevent pregnancy.
She added that comprehensive sex education was necessary to
preventing unwanted pregnancies.
2:15:26 PM
SHEILA HOWE, SELF, ANCHORAGE (via teleconference), spoke
against SB 49. She remarked that there were many different
ways to prevent abortion, specifically pertaining to
preventative care and sex education. She also felt that
limiting early childhood education funding was detrimental
to the well-being of poor families. She remarked that
education was the key to preventing unwanted pregnancies.
She stressed that the bill would not solve any problems,
and would only add to the greater burden on the State.
2:17:53 PM
CLOVER SIMON, SELF, ANCHORAGE (via teleconference),
testified in opposition to SB 49. She urged the committee
to vote against the legislation. She remarked that Alaska
should have healthy families, rather than the highest rates
of child abuse and neglect in the nation. She felt that the
focus should be on prevention, and remarked that abortion
was a symptom of individuals of people who did not have
access to proper prevention and education. She urged an
expansion of family planning services through Medicaid.
2:21:04 PM
ELANN MOREN, SELF, PALMER (via teleconference), testified
in opposition to SB 49. She stressed that poor women should
have the same rights and opportunities of everyone. She
felt that the passage of the bill would result in higher
numbers of illegal abortions. She shared that she was raped
when she was 17, and did not have access to a legal
abortion. She shared her story in the Anchorage Daily News.
She felt that the bill was unfair, and stressed that the
decision to have an abortion was extremely complicated. She
agreed with the testimony from Planned Parenthood
representatives. She reiterated that the decision on the
legislation should be based on reason and not moral
judgment.
2:24:43 PM
ROBIN SMITH, SELF, ANCHORAGE (via teleconference), spoke in
opposition to SB 49. She remarked that individual tax
payers do not pay for abortions, rather Medicaid funds came
from oil tax dollars. She stated that there was a recent
negative report from Legislative Research about women. She
pointed out that Alaska had one of the highest rates of
domestic violence; and Alaskan women commit suicide at
twice the rate of the national average. She also stated
that there were many families in Alaska that were homeless.
She stated that if these issues were compounded with the
lower employee pay for women, one could see why a woman may
not realize financial, emotional, or physical where-with-
all to deliver and care for a child in her life. She felt
that a woman should not be forced to carry a child to term
and potential risk her health.
2:29:01 PM
ANN FIORELLA, SELF, JUNEAU, testified against SB 49. She
stated that there was nothing in the legislation related to
fetal anomalies. She shared that a member of her family had
recently obtained an abortion, because the baby had no
brain. She believed that not including that information was
wrong. She believed the list of what was considered
"medically necessary" was ridiculous.
2:30:50 PM
ALYSON CURREY, JUNEAU, SELF, spoke in strong opposition to
SB 49. She stressed that if the bill was about redefining
the definition, that politicians should not be the ones
defining the terms. She stated that the decision should be
left to a woman, her family, doctor, and faith. She stated
that politicians had no business making decisions for
women's medical life. She reiterated that if legislators
want to reduce the number of abortions in Alaska, the focus
should be related to increased access to family planning
service and sex education.
Co-Chair Meyer CLOSED public testimony. He discussed that
the bill would be heard again on Monday.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 49 Written Public Testimony 033013.pdf |
SFIN 3/30/2013 1:00:00 PM |
SB 49 |
| FW Comments on SB 49 for the Senate Finance Committee hearing.msg |
SFIN 3/30/2013 1:00:00 PM |
SB 49 |
| FW SB49 Senate Finance Hearing testimony.msg |
SFIN 3/30/2013 1:00:00 PM |
SB 49 |