Legislature(1999 - 2000)

03/24/1999 01:40 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          SB  82-INSURANCE COVERAGE FOR CONTRACEPTIVES                                                                          
                                                                                                                                
CHAIRMAN MILLER called the Senate Health, Education and Social                                                                  
Services (HESS) Committee to order at 1:40 p.m. and brought up SB
82.                                                                                                                             
                                                                                                                                
SENATOR GARY WILKEN, presented his sponsor statement on SB 82                                                                   
which requires insurance carriers to provide coverage for                                                                       
prescribed contraceptives and related health costs.  While many                                                                 
health care plans pay for surgical means of preventing pregnancy,                                                               
few pay for the routine oral contraceptive methods prescribed and                                                               
recommended by physicians.                                                                                                      
                                                                                                                                
Women spend about 68% more out-of-pocket costs for health care than                                                             
men.  One of the biggest contributors to those expenses is birth                                                                
control.  The most widely used prescription drug of women aged 15                                                               
to 54 is for birth control, yet most insurance companies do not                                                                 
include contraceptive coverage in their policies.                                                                               
                                                                                                                                
The out-of-pocket cost for oral contraceptives is about $25 per                                                                 
month while the estimated increase in insurance premiums for                                                                    
coverage for birth control is about $16 annually per enrollee,                                                                  
according to the Health Insurance Association of America.                                                                       
Requiring insurance coverage for contraceptive services not only                                                                
makes good business sense, but it also increases access to                                                                      
contraceptives and related services.                                                                                            
                                                                                                                                
In response to a person's conscientious objection to contraceptive                                                              
coverage, SB 82 states an individual health care insurance policy                                                               
or a policy issued by a qualified church-controlled organization                                                                
with a religious-based objection is exempted from this mandate.                                                                 
                                                                                                                                
Eight out of ten privately insured adults support contraceptive                                                                 
coverage.  SENATOR WILKEN concluded, SB 82 recognizes this strong                                                               
public support, and he urged the committee's support for this                                                                   
legislation.                                                                                                                    
                                                                                                                                
Number 046                                                                                                                      
                                                                                                                                
SENATOR WILKEN commented that people will point out the increased                                                               
cost of $16 for this coverage, but the cost is much more for                                                                    
unwanted pregnancies and the problems caused by unwanted                                                                        
pregnancies.  This is an investment that over time pays back, and                                                               
the cost of insurance over time will decrease because of this bill.                                                             
                                                                                                                                
On a personal note, SENATOR WILKEN related that he became involved                                                              
in this issue when his daughter, an active high school junior                                                                   
needed oral contraceptives, not for birth control but to regulate                                                               
female hormones so that she could basketball. He said, "You can                                                                 
imagine when my wife said to me, 'Gary, I think we need to put                                                                  
Karen on birth control pills' what I said... a junior in high                                                                   
school."  After the reasons were explained to him, his daughter                                                                 
went on birth control pills and is an active college basketball                                                                 
player today.  The birth control pill began as a  medicinal device                                                              
for birth control and it's evolved into a significant therapy to                                                                
control female hormones.                                                                                                        
                                                                                                                                
He referred to pages 3-4 of the committee packets containing quotes                                                             
of support from organizations, and studies speaking to the benefits                                                             
of contraceptive coverage.                                                                                                      
                                                                                                                                
SENATOR WILKEN brought up the draft CS and a draft Amendment                                                                    
Version H.  He moved that the committee adopt the CS as a working                                                               
document.  Without objection, the CS was adopted.                                                                               
                                                                                                                                
SENATOR WILKEN explained the CS, Version H, does two things.  Last                                                              
year in similar legislation the intent language addressed the                                                                   
primary purpose of contraceptives in preventing conception.  This                                                               
CS rolls that purpose, which gave a lot of people comfort, into the                                                             
legislation itself.  Secondly, the CS cleans up the bill by                                                                     
removing the definition of contraceptive device and adding the                                                                  
words "obtained by prescription" to clarify that only                                                                           
contraceptives obtained through a doctor's prescription are covered                                                             
by this insurance.                                                                                                              
                                                                                                                                
Number 107                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER announced that following testimony on SB 82, many                                                               
people want to speak on SB 94, and he set a 2-minute time limit on                                                              
testimony on both bills.                                                                                                        
                                                                                                                                
MS. THEDA PITTMAN, Anchorage, thanked Senator Wilken for                                                                        
introducing SB 82 and urged co-sponsorship and support by the                                                                   
committee members.  She stated that according to DHSS, there were                                                               
over 10,000 births in Alaska in 1995 and 41% were unintended,                                                                   
unwanted or mis-timed.  In 1995 alone there were 4,000 reasons why                                                              
this legislation is a good idea.  She suggested that two groups                                                                 
oppose this idea, the insurance companies and members of the "far-                                                              
righteous groups" that seek to control the right of a woman to make                                                             
her own decision about pregnancy.                                                                                               
                                                                                                                                
MS. CATHY GIRARD, Anchorage, expressed support for SB 82. She                                                                   
stated her medical bills over 10 years for prescription                                                                         
contraceptives and related medical exams have not been reimbursed                                                               
by her insurance plan or her husband's. She asked why Viagra, a                                                                 
sexual aid for men, is covered by both their insurance policies and                                                             
yet contraception, primarily made for and purchased  by women is                                                                
not covered by current insurance programs.                                                                                      
                                                                                                                                
MS. MARY ROSS, Nurse-Midwife representing the Chapter of the                                                                    
American College of Nurse Midwives, Anchorage, expressed support                                                                
for SB 82 as a practitioner for women's health care.  Many women up                                                             
to the age of 52 use birth control as a supportive measure during                                                               
the perimenopausal and menopausal times.                                                                                        
                                                                                                                                
MS. ROBIN SMITH, Anchorage, spoke in strong support of SB 82,                                                                   
stating insurance coverage for contraceptive care would be a good                                                               
business decision. Recently four of her employees, both male and                                                                
female, have dealt with unintended pregnancies, causing emotional                                                               
stress and negative impacts on her business including lost employee                                                             
time. increased work loads on others, re-hires and re-training.                                                                 
Small business cannot dictate special insurance coverage for                                                                    
employees, and must choose a package that does not include birth                                                                
control coverage in Alaska.  Rectifying this inequity in health                                                                 
care for women will establish a more stable work force and                                                                      
stronger, healthier families.                                                                                                   
                                                                                                                                
MR. CHARLES MCKEE, Anchorage, stated he thought it was mandatory                                                                
insurance coverage for all individuals in the state of Alaska.                                                                  
                                                                                                                                
Number 260                                                                                                                      
                                                                                                                                
MR. SCOTT CALDER, Fairbanks, referred to the language on page 2,                                                                
Section 3, line 6 "except for a policy issued to an individual or                                                               
a qualified church-controlled organization," and "qualified church-                                                             
controlled organization" on page 2, lines 15-16, defined under 26                                                               
U.S.C. 3121(w)(3).  He asked why the focus is on a religious-based                                                              
organization when 'fraternal benefit society' is not included in                                                                
this section, which he found referenced in Sec. 21.42.390.                                                                      
                                                                                                                                
MS. KAY LAHDENPERA, Public Health Nurse representing the Alaska                                                                 
Nurses Association, applauded the committee for SB 82, which  "is                                                               
terribly important to reduce unintended pregnancies."   There are                                                               
about 6 million unintended pregnancies nationally every year. Women                                                             
must have the opportunity to plan their families and get coverage                                                               
for this $25-$35 per month expense.  The National Commission to                                                                 
Prevent Infant Mortality estimates infant death could be reduced by                                                             
10%  and incidence of low birth weight babies reduced by 12% if                                                                 
pregnancies were planned.                                                                                                       
                                                                                                                                
Number 312                                                                                                                      
                                                                                                                                
MR. GORDON EVANS, representing the Health Insurance Association of                                                              
America (HIAA), a national trade association of commercial health                                                               
insurance companies, stated HIAA opposes SB 82 as presently                                                                     
written. Its provisions mandate coverage for contraceptives, which                                                              
is not considered to be basic health care treatment, and the                                                                    
consequences in the long run would be to increase the costs and                                                                 
reduce the efficiencies of managed care.  As noted previously, the                                                              
HIAA favors the preservation of a system that allows the                                                                        
prospective purchaser of health insurance free choice of which                                                                  
risks he or she wishes to cover from among the various coverages                                                                
offered by competing insurance carriers.  The HIAA also believes                                                                
that the choice of how the policy holder spends the funds available                                                             
for health insurance should be free of government decree.  Any time                                                             
government mandates certain coverage, that mandate becomes one of                                                               
the rating factors which insurance companies use in making their                                                                
underwriting decisions. Premium costs would be increased, even for                                                              
those people who have no use for or  do not want the coverage.                                                                  
                                                                                                                                
MR. EVANS continued, this mandate would apply only to small                                                                     
employer group policies and certain other group policies who                                                                    
generally can least afford a premium increase.  The mandate would                                                               
not affect Alaska's largest employers such as Carrs, BP, ARCO, or                                                               
EXXON which are self-insured and subject to federal ARISA law which                                                             
pre-empts state law.  The mandate also would not affect those with                                                              
federal insurance coverage such as the Indian Health Service.                                                                   
Technically, it wouldn't affect the state employees.                                                                            
                                                                                                                                
Senator Wilken noted a $16 cost; however, MR. EVANS felt the figure                                                             
is misleading because it covers only the cost of contraceptive                                                                  
drugs like birth control pills.  It does not include contraceptive                                                              
devices or appliances like IUDs, or the cost of related health care                                                             
services.                                                                                                                       
                                                                                                                                
HIAA would not be opposed to a mandate to offer coverage for                                                                    
contraceptives and related health care services.  As a result,                                                                  
policy holders - employers and their employees - would be able to                                                               
choose whether to spend additional funds on this type of coverage.                                                              
They, and not the insured population in general, would pay the cost                                                             
of that coverage.  Substituting the word "offer" for the word                                                                   
"provide" on page 1, line 10 of original draft would make the                                                                   
coverage sought as a mandated offering.  MR. EVANS suggested this                                                               
would accomplish the purposes of the bill's proponents.                                                                         
                                                                                                                                
Referring to the adopted draft CS, HIAA opposes favoring a specific                                                             
group, as in the language "a qualified church-controlled                                                                        
organization" because it gives persons of one religion a preference                                                             
over other groups who also may not want the coverage but will have                                                              
to take and pay for it. MR. EVANS said it should be an "all or                                                                  
nothing bill."                                                                                                                  
                                                                                                                                
Number 371                                                                                                                      
                                                                                                                                
SENATOR ELTON asked if Mr. Evans' testimony that emphasized the                                                                 
cost that will be spread to all policy holders, disputes the                                                                    
sponsor's claim that the contraceptive health coverage would save                                                               
money by not incurring additional medical expenses with unwanted                                                                
pregnancies or problem pregnancies.                                                                                             
                                                                                                                                
MR. EVANS replied that is the HIAA position.                                                                                    
                                                                                                                                
SENATOR WILKEN responded that in the testimony in U.S. Congress on                                                              
the recently passed Equity in Prescription Insurance and                                                                        
Contraceptive Coverage Act, the president of the organization said                                                              
"we oppose mandates but we're not going to spend a dime fighting                                                                
this."                                                                                                                          
                                                                                                                                
He continued, noting for the record that the total dollars spent                                                                
per employee is $17.12 on all contraceptive devices including oral,                                                             
diaphragms, cervical caps, injectables, implants and IUDs.  Of that                                                             
figure, $16.13 or almost 95% is spent on oral contraceptives.                                                                   
                                                                                                                                
MR. EVANS countered that the memo provided to him last session by                                                               
Senator Ellis stated oral contraceptives cost on average $25 per                                                                
month.                                                                                                                          
                                                                                                                                
Number 400                                                                                                                      
                                                                                                                                
MS. BECKA BRAUN expressed support for SB 82.  She described it as                                                               
a "win/win" proposition because it would reduce the number of                                                                   
unintended pregnancies. According to several studies, half of                                                                   
unintended pregnancies end in abortion in this country.  Those who                                                              
support choice and those who oppose abortion can all agree that                                                                 
reducing the number of abortions is a good thing, and making                                                                    
contraceptives more widely available is one very smart way to do                                                                
that.  Studies show that as the availability of contraceptives                                                                  
increases, the number of legal and illegal abortions decreases.                                                                 
Those unintended pregnancies that go to full term have costly                                                                   
effects for society and for the state.                                                                                          
                                                                                                                                
There's a much higher pregnancy rate with cheap contraceptives,                                                                 
such as condom failure.  These are the methods most affordable to                                                               
women.  It doesn't make sense to exclude contraception, the only                                                                
FDA-approved prescription drug regularly  excluded by insurers.                                                                 
It's not included on the list of "basic health care" but MS. BRAUN                                                              
said she's not sure what basic health care entails, when Viagra is                                                              
covered.  Insurer costs should not rise by more than 1% under this                                                              
proposed mandate.  She urged the committee's support of SB 82.                                                                  
                                                                                                                                
SENATOR WILKEN moved the draft Amendment Version H.1 by Ford 3/24.                                                              
The text follows.                                                                                                               
                                                                                                                                
Page 2, lines 6-7:                                                                                                              
     Delete "for a policy issued to an individual or a qualified                                                                
church-controlled organization with a religious-based objection"                                                                
     Insert "as provided in (b) of this section"                                                                                
                                                                                                                                
Page 2, following line 11:                                                                                                      
     Insert a new subsection to read:                                                                                           
          "(b) This section does not apply to a policy                                                                          
               (1) issued to an individual;                                                                                     
               (2) issued to a qualified church-controlled                                                                      
     organization with a religious-based objection                                                                              
     to contraceptives; or                                                                                                      
               (3) that does not provide coverage for drugs                                                                     
     obtained by prescription."                                                                                                 
                                                                                                                                
Reletter the following subsection accordingly.                                                                                  
                                                                                                                                
                                                                                                                                
SENATOR WILKEN explained that it inserts a provision that if a                                                                  
policy is in place by an employer that does not offer coverage for                                                              
prescription drugs, this legislation would not impose upon the                                                                  
employer the requirement that they now offer prescription coverage.                                                             
If they did have prescription coverage, contraceptive prescription                                                              
coverage would be included.                                                                                                     
                                                                                                                                
Number 446                                                                                                                      
                                                                                                                                
SENATOR ELTON objected to adopting the amendment for the purpose of                                                             
discussion.  He pointed out on line 8 of the amendment, it provides                                                             
that this section does not apply to a policy "issued to an                                                                      
individual." The previous language has been removed that said                                                                   
"issued to an individual with a religious objection."  He asked if                                                              
this means that only insurance policies that are group insurance                                                                
policies would now be affected.                                                                                                 
                                                                                                                                
SENATOR WILKEN replied he put it in at the request of Blue Cross.                                                               
He admitted he did not know why that change was made.                                                                           
                                                                                                                                
CHAIRMAN MILLER followed up, asking if this language just deals                                                                 
with those companies that do not offer the coverage, that being the                                                             
original understanding of the amendment.                                                                                        
                                                                                                                                
SENATOR ELTON replied, and CHAIRMAN MILLER agreed, that this                                                                    
section outlines the exceptions. This broadens the exception that                                                               
had formerly applied to an individual, now including any policy                                                                 
written to an individual.                                                                                                       
                                                                                                                                
SENATOR WILKEN stated his staff told him that language was in last                                                              
year's bill.                                                                                                                    
                                                                                                                                
MR. EVANS said the way he reads the draft CS with the draft                                                                     
amendment, this bill would exempt individual policies; it would                                                                 
exempt policies issued to church-controlled organizations; and it                                                               
would exempt any group policies that do not provide coverage for                                                                
drugs obtained by prescription. On the other hand, the CS on page                                                               
2, line 5-6 says "except for a policy issued to an individual or a                                                              
qualified church-controlled organization with a religious-based                                                                 
objection."                                                                                                                     
                                                                                                                                
CHAIRMAN MILLER followed up, asking if the language is because an                                                               
individual who decides he doesn't want this coverage may be                                                                     
mandated by law to take the coverage anyway.                                                                                    
                                                                                                                                
MS. MARIANNE BURKE, Director of the Division of Insurance, stated                                                               
Chairman Miller is correct.  Individual policies are individually                                                               
underwritten, and (Chairman Miller) would probably not want a                                                                   
policy that covered oral contraceptives.                                                                                        
                                                                                                                                
CHAIRMAN MILLER asked for objection to adopting the amendment.                                                                  
Hearing none, the amendment was adopted.  He asked the sponsor if                                                               
the bill covers contraceptives prior to conception but not after                                                                
conception, such as the RU 486 drug. He said that question will                                                                 
come up on the Senate floor.                                                                                                    
                                                                                                                                
SENATOR WILKEN replied post-conception prescriptions are not part                                                               
of this legislation.  The intent language from last year's bill was                                                             
incorporated into the CS on page 2, lines 1-2 and states "insurance                                                             
providers not be required to cover the cost of prescriptive drugs                                                               
necessary to cause the rejection of a fertilized ovum."  The intent                                                             
of the bill addresses pre-conception.                                                                                           
                                                                                                                                
Number 505                                                                                                                      
                                                                                                                                
SENATOR KELLY stated "that may be the bill's intent, but with our                                                               
Judiciary, I'm sure somebody's going to take the right to privacy                                                               
clause of the Constitution and require that you include RU 486 or                                                               
something like that...I think you'll probably find that there will                                                              
be a lawsuit on that."                                                                                                          
                                                                                                                                
He said he's not a big fan of the bill, and he doesn't feel the                                                                 
Legislature has any business telling insurance companies that they                                                              
have to do this. Contraceptives are widely available, and this asks                                                             
insurance companies to cover those who choose more expensive                                                                    
methods than condoms. It doesn't require legislation.  It                                                                       
encourages people to go toward oral contraceptives which have no                                                                
value in prevention of sexually-transmitted diseases (STDs).  He                                                                
asked, would there be unintended health consequences as a result of                                                             
this?  Are we putting a burden on private industry?  Those are his                                                              
biggest objections to this bill.                                                                                                
                                                                                                                                
SENATOR WILKEN said he appreciated Senator Kelly's comments. He                                                                 
doesn't have data on STDs.  He wants to see mandated coverage                                                                   
happen sooner because the cost of insurance will go down.  It's an                                                              
issue of equity and of money.  Some women can't afford the                                                                      
contraception they need, and he suggested that those are the                                                                    
pregnancies that should be most controlled.  While there is a                                                                   
rackful of inexpensive male contraceptives available, there is not                                                              
a rack of female contraceptives, and this limits a couple's ability                                                             
to plan and time their childbearing.  This legislation is a tool                                                                
that could benefit society.                                                                                                     
                                                                                                                                
SENATOR WILKEN said he cannot understand why it's taken so long to                                                              
get us to where we are today.  It's an investment in lowering                                                                   
costs, and an investment in society, and it gives us more options                                                               
to plan our lives.  If the industry doesn't want to do it, then                                                                 
this bill will encourage them to do it, and he said he's pleased to                                                             
do that.                                                                                                                        
                                                                                                                                
Number 540                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER said that, like Senator Kelly, he's not necessarily                                                             
a big fan of the bill, but he is willing to be democratic and let                                                               
the will of the committee prevail. He asked for a motion.                                                                       
                                                                                                                                
SENATOR ELTON expressed appreciation for the work of the sponsor to                                                             
bring the legislation this far, and said he looks forward to it                                                                 
being on the Floor.                                                                                                             
                                                                                                                                
SENATOR WILKEN moved to report CSSB 82(HES) out of committee with                                                               
individual recommendations and indeterminate fiscal note.                                                                       
                                                                                                                                
CHAIRMAN MILLER asked for objection.  Senator Kelly objected and                                                                
the roll was called, with Senators Wilken, Peace and Elton voting                                                               
"yea," and Senators Kelly and Miller voting "nay."  CSSB 82(HES)                                                                
passed out on a 3-2 motion.                                                                                                     

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