Legislature(2013 - 2014)SENATE FINANCE 532

04/16/2014 01:30 PM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 278 EDUCATION TELECONFERENCED
Scheduled But Not Heard
+ HB 385 PERS/TRS STATE CONTRIBUTIONS TELECONFERENCED
<Pending Referral>
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 379 OIL & GAS PROPERTY TAX
Heard & Held
= SB 220 PERS/TRS STATE CONTRIBUTIONS
Heard & Held
= HB 308 ALASKA SECURITIES ACT EXEMPTIONS
Heard & Held
= HB 361 LICENSING OF BEHAVIOR ANALYSTS
Heard & Held
= HB 160 LICENSING OF ATHLETIC TRAINERS
Heard & Held
= SB 48 PERS CONTRIBUTIONS BY MUNICIPALITIES
Heard & Held
= HB 116 PERS CREDIT FOR MILITARY SERVICE
Moved CSHB 116(L&C) Out of Committee
HOUSE BILL NO. 361                                                                                                            
                                                                                                                                
     "An Act relating to licensing of behavior analysts."                                                                       
                                                                                                                                
2:40:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DAN SADDLER,  explained the  legislation. He                                                                    
stated that Autism was a  significant and growing problem in                                                                    
Alaska.  Statistics show  that one  in 110  Alaska children,                                                                    
about   1  percent,   are  born   with  this   developmental                                                                    
disability,  characterized   by  a  diminished   ability  to                                                                    
communicate,  social isolation,  and  other symptoms.  While                                                                    
not  curable,   autism  was  treatable.   Scientific,  peer-                                                                    
reviewed studies show that early  intensive treatment in the                                                                    
form of  Applied Behavioral Analysis (ABA)  offered the best                                                                    
opportunity  to  help  people   with  autism  improve  their                                                                    
ability to function productively  in society. He stated that                                                                    
ABA was recognized as the  basis for the most effective form                                                                    
of treatment  for autism  by the  U.S. Surgeon  General, the                                                                    
National  Institute  of  Child   Health,  and  the  American                                                                    
Academy  of  Pediatrics.  One can  best  understand  ABA  as                                                                    
behavior  modification  therapy:   It  sought  to  encourage                                                                    
appropriate   behavior  by   assessing   and  managing   the                                                                    
relationship  between   the  environment  and   the  desired                                                                    
behavior. Forty  years of research  showed that  nearly half                                                                    
of  people   with  autism   who  received   intensive  early                                                                    
intervention   and  treatment   did  not   require  lifelong                                                                    
services  and   support,  and  half  could   achieve  normal                                                                    
functioning  after two  to three  years. This  could mean  a                                                                    
lifetime savings  of $200,000 to  $1.1 million for  a person                                                                    
through the age  of 55-years-old. One of  the most important                                                                    
elements  in  successful  autism   treatment  is  having  it                                                                    
provided  by  those  who   hold  the  nationally  recognized                                                                    
credential of Board-Certified  Behavioral Analyst (BCBA). To                                                                    
qualify  as a  BCBA, applicants  must  have a  minimum of  a                                                                    
master's  degree,  plus  extensive training  and  experience                                                                    
requirements of up  to 1500 hours of  supervised practice in                                                                    
the field, 225 hours of  graduate-level classroom work, or a                                                                    
year's  experience teaching  ABA  at  the university  level.                                                                    
They  must  also  pass the  challenging  BCBA  certification                                                                    
examination.   The   Board-Certified  Assistant   Behavioral                                                                    
Analyst,  or  BCABA   credential,  required  slightly  lower                                                                    
standards.  The  state  already supported  the  training  of                                                                    
BCBAs through a grant to  eh Center for Human Development at                                                                    
UAA. There were  currently approximately 20 to  30 BCBAs and                                                                    
BCABAs in Alaska,  although not all of  those were currently                                                                    
working  in the  field.  Under current  state law,  Alaskans                                                                    
with  BCBAs could  not bill  health  insurance companies  or                                                                    
Medicaid for their  services at a rate  that reflected their                                                                    
high  degree  of  training and  professional  skill  because                                                                    
there were not  formally licensed. He announced  that BY 361                                                                    
addressed that situation by providing  for those holding the                                                                    
BCBA or  BCABA credentials in  Alaska to be licensed  by the                                                                    
Division  of  Professional  Licensing,   in  the  DCCED.  He                                                                    
announced that 14 other  states currently provided licensing                                                                    
and  regulated  behavior  analysts.  The  approach  had  the                                                                    
strong  support  of Alaska  BCBAs  and  the national  autism                                                                    
advocacy groups. By ensuring  licensing and higher standards                                                                    
of  practice for  BCBAs  and  BCABAs, HB  361  would do  the                                                                    
following: encourage more people  to provide autism services                                                                    
in   Alaska;   offer    higher   reimbursement   rates   for                                                                    
professional providers,  provide better outcomes  for Alaska                                                                    
children with autism;  save the state money  by avoiding the                                                                    
need for costly institutional  care; and improve the quality                                                                    
of life for hundreds of Alaskans and their families.                                                                            
                                                                                                                                
LORRI  UNUMB,  EXECUTIVE   DIRECTOR,  AUTISM  SPEAKS,  SOUTH                                                                    
CAROLINA  (via  teleconference),  spoke in  support  of  the                                                                    
legislation.  She stated  that she  was involved  in various                                                                    
autism advocacy groups. She felt  that the bill took in many                                                                    
considerations including  people who were moving  from other                                                                    
states to practice behavior analysis.  She remarked that the                                                                    
bill outlined some  exemptions for people who  need not have                                                                    
a license, such as a family  member of a person with autism.                                                                    
She  stated  that the  legislation  relied  on the  existing                                                                    
national  board  certification,  which was  the  appropriate                                                                    
structure for a  licensing bill. She announced  that she had                                                                    
worked   on  various   state's   legislation  that   created                                                                    
licensure for behavior analysts.  She stated that there were                                                                    
currently  15 state  that  licensed  behavior analysts,  and                                                                    
Tennessee  had  just  passed a  behavior  analyst  licensing                                                                    
bill, so there  were almost 16 states  that license behavior                                                                    
analysts.  She  remarked   that  the  legislation  contained                                                                    
disciplinary   mechanisms   to  ensure   adequate   consumer                                                                    
protection  and created  a temporary  license for  those who                                                                    
had already been practicing within the state.                                                                                   
                                                                                                                                
2:47:04 PM                                                                                                                    
                                                                                                                                
REBEKA EDGE,  DIRECTOR, BEHAVIOR  MATTERS, EAGLE  RIVER (via                                                                    
teleconference),  testified in  support of  the legislation.                                                                    
She announced  that she  was a parent  of two  children with                                                                    
autism.  She stated  that  in her  position  as director  of                                                                    
Behavior Matters, she had a  staff of 24 that served clients                                                                    
Anchorage, Mat-Su,  Talkeetna, Kenai,  and Juneau.  She felt                                                                    
that the  legislation would allow  her business  to continue                                                                    
to  work  with  their  current  families  while  provided  a                                                                    
professional weight that was  consistent with their training                                                                    
and expertise.                                                                                                                  
                                                                                                                                
Co-Chair Meyer wondered  if the bill would  pertain to other                                                                    
behavioral issues other  than autism. Representative Saddler                                                                    
replied  that that  the legislation  would pertain  to other                                                                    
behavioral issues. He stated that  the principles of applied                                                                    
behavioral  analysis  have  applicability  to  dealing  with                                                                    
various  development disabilities  like children  with fetal                                                                    
alcohol spectrum disorder (FASD).                                                                                               
                                                                                                                                
Co-Chair  Meyer  wondered  how  many  people  would  seek  a                                                                    
license  in  behavioral   analysis.  Representative  Saddler                                                                    
replied that  there were approximately 25  people that would                                                                    
seek a license, but agreed to provide further information.                                                                      
                                                                                                                                
Co-Chair Meyer asked if other  states had a similar program.                                                                    
Representative   Saddler  responded   that  16   states  had                                                                    
instituted behavioral analysis licenses.                                                                                        
                                                                                                                                
SARA  CHAMBERS,  DIRECTOR,   CORPORATIONS,  BUSINESSES,  AND                                                                    
PROFESSIONAL  LICENSING, DEPARTMENT  OF COMMERCE,  COMMUNITY                                                                    
AND ECONOMIC DEVELOPMENT, introduced herself.                                                                                   
                                                                                                                                
Co-Chair  Meyer wondered  if she  had  drafted the  attached                                                                    
fiscal note.  Ms. Chambers  replied that  she did  not draft                                                                    
the fiscal note, but she was familiar with it.                                                                                  
                                                                                                                                
Co-Chair   Meyer  remarked   that   the   fiscal  note   was                                                                    
indeterminate.  He  looked  at the  third  paragraph  fiscal                                                                    
analysis, and saw  that the financial impact  to health care                                                                    
and  Medicaid services  could be  significant. He  asked for                                                                    
further explanation  regarding that statement.  Ms. Chambers                                                                    
responded that the  fiscal note that he  was referencing was                                                                    
from the  Department of Health  and Social  Services (DHSS).                                                                    
She stated that DCCED supplied a fiscal impact note.                                                                            
                                                                                                                                
2:52:26 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Fairclough stated  that  there was  an issue  of                                                                    
recovering the  fees for licensing  in Alaska.  She remarked                                                                    
that the  fiscal note was  very low from DCCED.  She queried                                                                    
the  fee estimate.  Ms. Chambers  responded that  the fiscal                                                                    
note reflected the additional  appropriation that was needed                                                                    
to implement the  program, and it was not the  total cost of                                                                    
the program.  She announced that  she had been  working with                                                                    
the  bill sponsor  to  provide  additional information  that                                                                    
would be  an estimate of anticipated  additional costs based                                                                    
on  similarly  situated programs.  She  stated  that it  was                                                                    
determined  that the  additional cost  plus the  fiscal note                                                                    
could result  in a  license that would  cost around  $500 to                                                                    
$600 per license.                                                                                                               
                                                                                                                                
Vice-Chair Fairclough stressed that  Alaska had faced issues                                                                    
of  investigation,  as   far  as  the  boards   to  use  the                                                                    
information  that  DCCED  provided   to  manage  the  funds.                                                                    
Representative  Saddler  replied  that   the  fee  would  be                                                                    
significantly lower  after the first year.  He observed that                                                                    
it would be small number  of licensees, so the likelihood of                                                                    
investigation would be substantially low.                                                                                       
                                                                                                                                
Vice-Chair Fairclough  stressed that  there was a  flat rate                                                                    
of   how  the   departments  spread   cost  over   licenses.                                                                    
Representative  Saddler  agreed  that  he  would  not  argue                                                                    
statistics.                                                                                                                     
                                                                                                                                
TERI KEKLAK,  DIVISION OF  BEHAVIORAL HEALTH,  DEPARTMENT OF                                                                    
HEALTH  AND  SOCIAL  SERVICES (via  teleconference),  stated                                                                    
that the Division  of Health Care Services  created the DHSS                                                                    
fiscal   note.  She   stated  that   the  fiscal   note  was                                                                    
indeterminate  because   until  licensure  occurs,   it  was                                                                    
difficult  for the  department to  estimate the  utilization                                                                    
that  might occur.  She stated  that DHSS  required approval                                                                    
that  the   coverage  would  be  paid   to  the  independent                                                                    
practitioners under benefits. She  stated that the licensees                                                                    
were  not  currently  listed  in  the  Medicaid  statute  as                                                                    
independent practitioners.  She stated  that there  would be                                                                    
some  analysis of  the medical  necessity, utilization,  and                                                                    
determine services.                                                                                                             
                                                                                                                                
2:57:48 PM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough looked  at page 2 of  the fiscal note,                                                                    
and saw  that it indicated 1838  under the age of  21 with a                                                                    
diagnosis of autism. She queried  an estimate of the cost of                                                                    
one person receiving services. Ms.  Keklak replied that DHSS                                                                    
could  not currently  estimate that  cost.  She stated  that                                                                    
there needed to be a  determination of the specific services                                                                    
that would be covered.                                                                                                          
                                                                                                                                
Vice-Chair  Fairclough  understood  that there  was  a  wide                                                                    
range of  services, so  she asked for  an estimate  range of                                                                    
the cost of services. Ms.  Keklak replied that she could not                                                                    
address a range of costs.                                                                                                       
                                                                                                                                
DEB ETHERIDGE,  MEDICAL ASSISTANT,  DIVISION OF  HEALTH CARE                                                                    
SERVICES,  DEPARTMENT OF  HEALTH  AND  SOCIAL SERVICES  (via                                                                    
teleconference),  responded to  a  question from  Vice-Chair                                                                    
Fairclough. She  stated that the persons  who were diagnosed                                                                    
with autism  would undergo an initial  assessment that would                                                                    
be  eligible for  and need  service. She  remarked that,  in                                                                    
comparison  to other  states, the  assessment cost  would be                                                                    
around  $175.  If  it  was estimated  that  100  percent  of                                                                    
persons under the age of 21  with a diagnosis of autism, the                                                                    
total health  assessment cost would be  around $320,000. She                                                                    
stated  that the  service cost  estimate would  require some                                                                    
eligibility determinations.                                                                                                     
                                                                                                                                
HB  361  was  HEARD  and   HELD  in  committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
3:02:12 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:09:24 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
HB278 School Funding Ltr 4-15-14.pdf SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 BSA increase please - Landry.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Increase the BSA - Remick.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Senate Finance Committee - Brown.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support increased education funding - Crimp.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A rural perspective about our funding challenges - Walsh.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Request for Funding - Fischer.msg SFIN 4/16/2014 1:30:00 PM
HB 278
Hb278 BSA - Schafer - Mozen.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Testimony on HB278 BSA Increase - Boyle.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 BSA - Campell.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 To Senate Finance Committee Members -- Please support our public schools Increase BSA by $400$125$125 - Wiggin.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 base student allocation - Crane.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please Support School Funding - Woern.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 - Please support our schools! - Wittrock.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Fund public schools with $400 BSA - Pease.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 TVEP Public Testimony - Reynolds.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 AWIB - CTE Programs RTC List - Reynolds.pdf SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 BSA URGENT - Tague.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Don't stop public school funding - Olnes.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 School allocations - Shewman.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Increase the BSA - Glenn.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 BSA - Johnson.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 FCC Scool and Libray Policy Brief.pdf SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 FCC changes to Universal Service Reform for the e-rate program - FCC-13-100A1.docx SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Fully fund our schools - please - Burch.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A thru F grading of schools -- Keep it! - Boyle.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 AASA Testimony.pdf SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A-F Grading provision in HB 278 - Griffin.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A thru F grading of schools -- Keep it! - Boyle2.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 school funding plea! - Reed.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Public Schools - Norton.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Increase BSA please - Engh.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please increase the BSA and avoid more layoffs! - Shellenbaum.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Increase the BSA - Zafren.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 INCREASE BSA - Decker.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please Support our Educational Discourse Fund our Schools - Waisanen.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Raise the BSA $600 effective FY15. Show us the money. - Bronson.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Base student allocation - Retus.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Education Funding - Raise BSA - Buss.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Funding public education - Wiggin.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Support Alaska's Students - Bivins.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 School Funding - Gal.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 School Funding - Cramer.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Education matters! - Harmon.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support our public schools! - Perrins.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 school funding - Kushin.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Student Base Allocation and Susitna Dam - Pierce.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please help the Alaska kids - Cedano.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please prioritize education for all Alaskans - Manning.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Fully fund schools - Richotte.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please increase the BSA by $400 AND $125 for the next 2 years - Boots.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support our Alaska schools - Nash.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 BSA Adjustment - Sparrow.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Education funding - Meidinger.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 District School Deficit in Delta Junction - Becker.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB 385-Funding Public Testimony - Dean.msg SFIN 4/16/2014 1:30:00 PM
HB 385
HB278 My kids can't wait. They are in school now! - Rardin.msg SFIN 4/16/2014 1:30:00 PM
HB 278
Hb278 BSA - Schafer - Mozen.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Request for Funding - Fischer.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support increased education funding - Crimp.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A rural perspective about our funding challenges - Walsh.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Request for Funding - Fischer.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 A rural perspective about our funding challenges - Walsh.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support increased education funding - Crimp.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Senate Finance Committee - Brown.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 AFN BSA resolution.pdf SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Increase the Base Student Allocation - Spohnholz.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Public Testimony - Rutherford.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Our Students Our Future - Story.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Juneau Board of Education Resolution.docx SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Raise the BSA 400125125 - Eubanks.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Education Funding - Curran.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please increase the BSA and prioritize education funding - Manning.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 PLEASE INCREASE THE BSA! - Wijtalewicz.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Comments on Senate Bill 278 - Lambert.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please support an increase to the BSA - Richards.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Please increase BSA - Brubaker.msg SFIN 4/16/2014 1:30:00 PM
HB 278
HB278 Support for our Schools - Cordano.msg SFIN 4/16/2014 1:30:00 PM
HB 278