Legislature(2003 - 2004)

04/30/2004 01:35 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
          CSHB 511 (HES)am-CERTIFICATE OF NEED PROGRAM                                                                      
                                                                                                                                
CHAIR  DYSON announced  the next  order  of business  to be  CSHB
511(HES)am.                                                                                                                     
                                                                                                                                
SARA NIELSON,  staff to  Representative Ralph  Samuels, explained                                                               
that  the bill  modifies certain  aspects of  the Certificate  of                                                               
Need statute to level the playing field.                                                                                        
                                                                                                                                
She said the following would provide an overview of the changes:                                                                
                                                                                                                                
     The bill  modifies the section  of statute  that allows                                                                    
     the relocation  of an  ambulatory surgical  facility to                                                                    
     only one  time as  long as  they still  would otherwise                                                                    
     meet all  the requirements of the  original Certificate                                                                    
     of Need.                                                                                                                   
                                                                                                                                
     It also clarifies that a  Certificate of Need would not                                                                    
     be needed in  an emergency or a temporary  case such an                                                                    
     earthquake or some kind of a disaster.                                                                                     
                                                                                                                                
     It  also adds  independent diagnostic  testing facility                                                                    
     and  residential psychiatric  treatment center  - would                                                                    
     make  them go  through  the CON  process  if they  fall                                                                    
     within the $1 million expenditure limit.                                                                                   
                                                                                                                                
     The  bill   also  reduces  the   amount  of   time  the                                                                    
     department has to review the  application from 90 to 60                                                                    
     days.                                                                                                                      
                                                                                                                                
     On the  House floor a  letter of intent was  adopted to                                                                    
     address the Certificate of Need  process by asking that                                                                    
     a  task  force  be  assembled to  go  over  the  entire                                                                    
     process.                                                                                                                   
                                                                                                                                
JANET CLARKE, Department of Health & Social Services                                                                            
representative, identified herself and stated:                                                                                  
                                                                                                                                
     I am  here to testify in  support of HB 511  - Relating                                                                    
     to certificates  of need (CON). Certificate  of need is                                                                    
     a health planning process  that reviews health facility                                                                    
     construction  projects   that  cost  over   $1  million                                                                    
     dollars to  determine whether there  is a need  for the                                                                    
     project.                                                                                                                   
                                                                                                                                
     This  particular bill  does not  do away  with CON;  it                                                                    
     keeps the underpinnings of the  statute in place. There                                                                    
     are nine sections in the  bill and I'll quickly go over                                                                    
     a sectional review.                                                                                                        
                                                                                                                                
     As  Sara stated,  Section 1  corrects  an inequity  for                                                                    
     ambulatory  surgery centers  related to  relocation and                                                                    
     whether a CON is needed for relocation.                                                                                    
                                                                                                                                
     Section  2  has  two  parts. It  basically  limits  the                                                                    
     relocation outlined  in the first Section  to one time.                                                                    
     It also  amends the  statute to include  equipment that                                                                    
     is  purchased through  a lease  provision that  for CON                                                                    
     purposed, the net  present value of the  lease space or                                                                    
     equipment is used to calculate  the cost. Currently, if                                                                    
     you purchase equipment that costs  over $1 million, you                                                                    
     go through  the CON  program. If you  lease it,  you do                                                                    
     not.  This would  put those  two purchase  processes on                                                                    
     the same level playing field.                                                                                              
                                                                                                                                
     Section  3  amends  the   provision  for  emergency  or                                                                    
     temporary CON that's currently in the bill.                                                                                
                                                                                                                                
     Section 4 would  add "residential psychiatric treatment                                                                    
     centers" to  fall within CON review.  The department is                                                                    
     particularly  interested  in  this  provision.  As  you                                                                    
     know,  Medicaid  is  a primary  payer  for  residential                                                                    
     psychiatric treatment  centers (RPTC). We  have several                                                                    
     we're paying for. We're paying  for children in out-of-                                                                    
     state  placement.  At any  one  time  there's over  500                                                                    
     children  who  are  in these  out-of-state  residential                                                                    
     psychiatric  treatment centers.  We have  a program  to                                                                    
     bring these kids  home to Alaska. We want  to make sure                                                                    
     that as we  built these RPTCs in Alaska  that it's done                                                                    
     in a  very thoughtful, planned  process and that  we do                                                                    
     them close  to hub communities in  Alaska because these                                                                    
     kids  do better  when  they're closer  to  home. So  we                                                                    
     believe that the  CON program is the  best mechanism to                                                                    
     look at this planning process for RPTCs.                                                                                   
                                                                                                                                
     Section 5  adds a new  section in law relating  to time                                                                    
     standards  for review  by the  department. It  shortens                                                                    
     the time period that the  department has to review CONs                                                                    
     from 90 to 60 days internally.                                                                                             
                                                                                                                                
     Section  6   amends  the  definition  of   health  care                                                                    
     facilities  to include  independent diagnostic  testing                                                                    
     facilities   as   well   as   residential   psychiatric                                                                    
     treatment centers.                                                                                                         
                                                                                                                                
     Section  7  goes along  with  Section  6. It  adds  the                                                                    
     definition   for   what   a   residential   psychiatric                                                                    
     treatment center is.                                                                                                       
                                                                                                                                
     Section 8  deals with the applicability  issues of when                                                                    
     this law is applicable to what.                                                                                            
                                                                                                                                
     Section  9   is  the  effective  date   clause  of  the                                                                    
     legislation.                                                                                                               
                                                                                                                                
CHAIR DYSON  said he  appreciates the  problem they're  trying to                                                               
solve  in  Fairbanks,  but  he didn't  understand  why  an  empty                                                               
building should have a CON grandfathered in.                                                                                    
                                                                                                                                
MS  CLARKE pointed  to Section  1 and  said a  few years  ago the                                                               
Legislature added  language that  was confusing  and that  is the                                                               
language that  would be  deleted. She  reminded members  that CON                                                               
covers capital construction and services.  HB 511 gets rid of the                                                               
provision  where   someone  could  construct  a   new  ambulatory                                                               
surgical center  and take  their certificate  of need  with them.                                                               
That provision is counter to  CON because it's actually a capital                                                               
construction  review that  looks  at whether  you're spending  $1                                                               
million on construction or adding a new service.                                                                                
                                                                                                                                
CHAIR DYSON asked Ms. Nielson to further clarify.                                                                               
                                                                                                                                
MS.  NIELSON   reported  that  according  to   Legislative  Legal                                                               
Services, the language in Section 2 makes the last sentence in                                                                  
Section  1 (c)  unnecessary, which  is why  it would  be deleted.                                                               
"Basically,  you can't  have  a  building -  you  can't have  one                                                               
person  -  have their  services  in  one  building and  have  the                                                               
certificate of need  and then move over to another  one. And then                                                               
that building  that was left, they  still have to go  through the                                                               
certificate of  need process  if somebody else  wants to  move in                                                               
there  -  assuming  that  those  people  didn't  already  have  a                                                               
certificate   of  need   and  are   exercising  their   one  time                                                               
relocation."                                                                                                                    
                                                                                                                                
CHAIR  DYSON  admitted that  his  blood  pressure rises  when  he                                                               
thinks about the  issue. Furthermore, he said  he's more confused                                                               
because Ms.  Clarke says this  is just for construction  and then                                                               
the bill  says it's  okay to  relocate. In  addition to  that, he                                                               
heard it's also for the  present worth value of leased equipment,                                                               
which isn't  construction either.  Section 1  simply gets  rid of                                                               
the restrictive and  stupid language, but then in  Section 2 "you                                                               
only eliminate  stupid once and  if we'd ever done  anything else                                                               
stupid like this, in law, that we can only [make a] fix once."                                                                  
                                                                                                                                
MS.  NIELSON agreed  that the  final  sentence in  Section 1  (c)                                                               
wasn't needed. The  first part of Section 1,  subsection (c) says                                                               
a  business may  relocate  an ambulatory  surgical facility  once                                                               
without obtaining a  certificate of need as long  as bed capacity                                                               
and  the   number  of  categories   of  health   services  remain                                                               
unchanged.  Any subsequent  business  or person  moving into  the                                                               
site is no longer addressed, which is what the sponsor intended.                                                                
                                                                                                                                
CHAIR DYSON  opined it all has  to do with capacity  and a person                                                               
should be able to move from  site to site without jumping through                                                               
hoops as long as capacity isn't changed.                                                                                        
                                                                                                                                
SENATOR GUESS  questioned why the language  they propose removing                                                               
is problematic except  that it is redundant. "You  can't use that                                                               
site unless  you get a certificate  of need because they  want to                                                               
see, 'Is there  the capacity for that  site to go back  up how it                                                               
used to be?' so if you take  this out, and someone moves from one                                                               
site to  the other and someone  wants to use that  previous site,                                                               
they should have to go through  the certificate of need to ensure                                                               
that we're not overcapacity."                                                                                                   
                                                                                                                                
MS. NIELSON agreed that the  language is redundant and that's why                                                               
they propose removing it.                                                                                                       
                                                                                                                                
MS. CLARKE said it is a  confusing section of law, but she needed                                                               
to clarify her  previous statement. Although she  was focusing on                                                               
the  construction  aspect, certificate  of  need  applies to  the                                                               
expenditure of  $1 million or  more for  construction, renovation                                                               
or the purchase of new equipment.                                                                                               
                                                                                                                                
2:55 pm                                                                                                                       
                                                                                                                                
CHAIR DYSON asked  her to show the committee how,  "with the help                                                               
of  government  intervention,  we've  gotten  into  this  bizarre                                                               
situation where having more than  adequate capacity drives prices                                                               
up and  how choices  by consumers  can drive  prices up  and then                                                               
specifically this section here about  mental health and how after                                                               
31 days or 30 days, government  has to pay and how having choices                                                               
there can drive costs up."                                                                                                      
                                                                                                                                
MS.  CLARKE replied  health  care  isn't as  clean  cut as  other                                                               
market forces  that we're used to  because the decision to  go to                                                               
one place or another for  a particular procedure is divorced from                                                               
the  economics of  that decision.  "We might  make that  decision                                                               
related to where  our doctor refers us based on  the proximity to                                                               
a hospital," she said. Furthermore:                                                                                             
                                                                                                                                
     As government, and  government plays a big  part in the                                                                    
     economics  of  the  health   care  industry  in  Alaska                                                                    
     whether it's Medicaid or Medicare  - we're a big player                                                                    
     in that  so we, particularly  for certain parts  of the                                                                    
     health care  system, as the  primary payer - you  are -                                                                    
     the  Legislature appropriates  - particularly  for long                                                                    
     term care, nursing homes, for  mental health services -                                                                    
     we are  the primary  payers so we  have an  interest in                                                                    
     looking at this regulation to  make sure that it's done                                                                    
     in such  a way  that the primary  payer is  not stiffed                                                                    
     with  the  bill  in  the  end  because  the  individual                                                                    
     decision is not based on economics of the decision.                                                                        
                                                                                                                                
CHAIR   DYSON   said  that   after   his   discussion  with   the                                                               
commissioner,   he  understands   that  if   there  are   several                                                               
providers,  there's nothing  keeping  a patient  whose costs  are                                                               
paid by Medicare  from selecting the very  highest cost treatment                                                               
as  long  as  the  provider hasn't  been  disqualified  for  some                                                               
reason.                                                                                                                         
                                                                                                                                
MS.  CLARKE replied  there is  a mandatory  freedom of  choice in                                                               
both the Medicare and Medicaid programs.                                                                                        
                                                                                                                                
CHAIR DYSON continued  to say that he also  understands that when                                                               
someone is in  a mental health residential program  for more than                                                               
30 or  31 days  then Medicaid  picks up the  entire cost  for the                                                               
rest of  the time the person  is in the program.  He wasn't clear                                                               
whether both adults and children were included or just children.                                                                
                                                                                                                                
MS. CLARKE  replied she'd  have to check  on that  then clarified                                                               
that this is about children and  adolescents and just as with any                                                               
insurance  program,   there  are   certain  standards   for  when                                                               
insurance coverage would apply. For  an acute care setting, which                                                               
is psychiatric  hospital treatment, she  thought 30 days  was the                                                               
industry standard. After  that, if no placement  is available for                                                               
the child  then the general fund  would likely have to  cover 100                                                               
percent of the cost because Medicaid might decertify them.                                                                      
                                                                                                                                
CHAIR DYSON asked what decertify means.                                                                                         
                                                                                                                                
MS. CLARKE  explained that  being decertified  means that  the 30                                                               
days  is  up  and  the   child  typically  no  longer  needs  the                                                               
psychiatric hospital treatment,  but they do need  a continuum of                                                               
care  from mental  health  facilities.  Through careful  planning                                                               
they are trying to ensure  that there is in-home care, outpatient                                                               
care, group homes, and  residential psychiatric treatment centers                                                               
so that the psychiatric hospital isn't the only alternative.                                                                    
                                                                                                                                
CHAIR DYSON  asked if  she said that  decertify means  going from                                                               
acute hospital care to a lesser level of care.                                                                                  
                                                                                                                                
MS.  CLARKE  said  decertification means  the  insurance  program                                                               
won't pay any more.                                                                                                             
                                                                                                                                
SENATOR GUESS referred  to Section 1 and asked  whether she could                                                               
continue operating  an original facility without  going through a                                                               
new CON  process if she had  also constructed a new  facility and                                                               
was running it using the original certificate of need.                                                                          
                                                                                                                                
MS. CLARKE  said she thought  the answer  was yes, one  time, but                                                               
she  would  need to  verify  that.  She  then asked  whether  the                                                               
language didn't refer to a sale.                                                                                                
                                                                                                                                
SENATOR  GUESS said  the language  doesn't  refer to  a sale;  it                                                               
refers  to moving.  Furthermore,  she said  it  seems that  there                                                               
could be over capacity if that were allowed.                                                                                    
                                                                                                                                
MS. CLARKE read  the existing law that says, "as  long as neither                                                               
the bed capacity nor the  number of categories of health services                                                               
provided at the new site is greater."                                                                                           
                                                                                                                                
SENATOR  GUESS   agreed  the  new  site   couldn't  have  greater                                                               
capacity, but  she wondered whether  she couldn't run  both sites                                                               
using just the one CON.                                                                                                         
                                                                                                                                
CHAIR DYSON opined  that you couldn't do that  because that would                                                               
increase the capacity set in the original CON process.                                                                          
                                                                                                                                
SENATOR GUESS asked whether the CON controls the capacity.                                                                      
                                                                                                                                
CHAIR DYSON explained  it's like a government  license to provide                                                               
X amount of service.                                                                                                            
                                                                                                                                
CHAIR DYSON  announced that he wanted  to use the balance  of the                                                               
time  to  take public  testimony  from  anyone that  wouldn't  be                                                               
available on Monday.                                                                                                            
                                                                                                                                
JOHN  WILLIAMS,  Mayor  of  the  City  of  Kenai,  testified  via                                                               
teleconference to say that they  are interested because there are                                                               
several groups  that would like  to build a  psychiatric facility                                                               
for  children in  Kenai.  They applaud  Senator  Green's work  to                                                               
bring children home and place them in care units in the state.                                                                  
                                                                                                                                
Most  recently  the  city  has been  involved  with  two  capable                                                               
companies each  of which  would like  to build  a 30-bed  unit in                                                               
Kenai. Both  companies have expended considerable  time and money                                                               
to get  started this year,  but he sees  many issues in  the bill                                                               
that would prolong and delay the process.                                                                                       
                                                                                                                                
Pointing to  the DHSS fiscal  note dated 3/24/04 and  prepared by                                                               
Sherry Hill he  noted it says that 728 children  between the ages                                                               
of 7 and 19  were served in FY 02 and  that it's conceivable that                                                               
up to  150 new RPTC  beds could be built  in Alaska. The  60 beds                                                               
that might  be built in Kenai  would just scratch the  surface of                                                               
need for  these types of facilities  and he said he  could see no                                                               
reason to  delay by tying  the companies  down with a  great deal                                                               
more paperwork.                                                                                                                 
                                                                                                                                
In conclusion  he said the  City of Kenai recommends  placing the                                                               
effective date  of the  bill as  of January  1, 2005  rather than                                                               
making it  effective immediately.  Doing so  would allow  the two                                                               
companies  working  in Kenai  to  begin  building the  facilities                                                               
immediately. He  added that he  understands there might be  30 to                                                               
60 other beds  that are in the planning stage  that might also be                                                               
expedited if the  effective date were to be changed.  This too is                                                               
beneficial to the  state since DHSS recognizes  an immediate need                                                               
for 150 beds.                                                                                                                   
                                                                                                                                
PAUL FUHS, Alaska Open Imaging  representative, said he'd like to                                                               
frame some of  the issues the first  of which is why  the bill is                                                               
so confusing. The reason, he said,  is because it's a bill that's                                                               
designed to address a specific lawsuit.                                                                                         
                                                                                                                                
Another point is  that this is an effort to  restrict what people                                                               
can do. For the government to tell  you whether or not you can go                                                               
into business  is the most  extreme action that a  government can                                                               
take,  he said,  so  there'd better  be  solid justification  for                                                               
doing that.                                                                                                                     
                                                                                                                                
He continued to say:                                                                                                            
                                                                                                                                
     Mr. Chairman,  you hit  the nail on  the head  when you                                                                    
     asked, 'Show  us where  the cost  savings are  going to                                                                    
     be.'  Because what's  actually happened  is when  these                                                                    
     independent testing  facilities have resulted  in lower                                                                    
     prices - up  to 30 percent lower. So then  you get into                                                                    
     the argument -  well it's not really  cost control. Now                                                                    
     it's over  to we  want a level  playing field.  And the                                                                    
     hospitals -  we need  to overcharge on  imaging because                                                                    
     we're  making up  for something  else. And  in all  the                                                                    
     hearings  that  were  held, no  one  came  forward  and                                                                    
     showed their  economics to show  why they  needed this.                                                                    
     They  didn't come  and show  why when  we went  through                                                                    
     this  -  one  hospital,  Providence,  they  made  $13.4                                                                    
     million in revenues over expenses  last year. So why do                                                                    
     they  need that  protection and  what happened  to that                                                                    
     money? And then you get  into the smaller hospitals and                                                                    
     they say  well it's  to protect the  smaller hospitals,                                                                    
     but  the smaller  hospitals  themselves  said that  new                                                                    
     imaging would  not develop  in small  communities where                                                                    
     there are low patient volumes,  but only in the largest                                                                    
     markets  of Anchorage,  Fairbanks,  Wasilla, Kenai  and                                                                    
     Juneau.  So it's  not  the small  hospital.  That is  a                                                                    
     completely  empty argument  that the  department itself                                                                    
     dismisses.  It's really  the  big  hospitals trying  to                                                                    
     limit competition. That's what it comes down to.                                                                           
                                                                                                                                
     Although  some of  these are  listed as  non-profits, I                                                                    
     pulled off  of Moody's or  Dun and Bradstreet,  some of                                                                    
     the   financials  on   some   of  these   corporations.                                                                    
     Providence -  $3.5 billion in revenues  last year. This                                                                    
     isn't  some  mom  and   pop  non-profit.  They're  also                                                                    
     showing  profits of  $58 million  a year  - 38  percent                                                                    
     increase  over the  previous year.  Triad hospitals  in                                                                    
     the valley  - a $3.8  billion corporation -  they're in                                                                    
     the  Fortune 500.  That's who's  managing that.  Banner                                                                    
     Corporation  for  Fairbanks  Memorial  -  $2.1  billion                                                                    
     corporation  -  a  private non-profit  corporation.  So                                                                    
     before  you believe  the idea  that these  are poverty-                                                                    
     stricken operations that  need government protection, I                                                                    
     hope  that  you'll  take  a   look  at  some  of  these                                                                    
     financials  and maybe  some other  information will  be                                                                    
     brought out.                                                                                                               
                                                                                                                                
     The other thing  I want to mention - you  can level the                                                                    
     playing  field  two  ways.   You  can  either  increase                                                                    
     government  regulation or  you  could  decrease it  and                                                                    
     that's what we offered on  the House side. We said well                                                                    
     let's relieve the hospitals of  this too especially for                                                                    
     imaging.  This technology  driven sector  - it's  not a                                                                    
     bed - you want the  best technology available. But when                                                                    
     that  was offered,  it was  not even  allowed to  go to                                                                    
     second  reading on  the House  floor to  even have  the                                                                    
     amendment considered.  So that's  how strong  it's been                                                                    
     to even try to restrict the discussion on this.                                                                            
                                                                                                                                
     I hope your committee will  look into all these issues.                                                                    
     I think  you'll hear a  lot of testimony  and hopefully                                                                    
     we'll  have a  much  clearer discussion  on the  issues                                                                    
     than occurred in the other body.                                                                                           
                                                                                                                                
TAPE 04-26, SIDE A                                                                                                            
3:05 pm                                                                                                                       
                                                                                                                                
SENATOR GUESS  said she looked  forward to a discussion  with his                                                               
client about policies for the  uninsured and the underinsured and                                                               
whether  anyone  from  those populations  gets  served  in  these                                                               
facilities. She  then remarked that government  does get involved                                                               
with natural  monopolies in  situations such as  this so  it's an                                                               
overstatement to say  that there isn't a government  role in this                                                               
type of  market. Whether  it's appropriate or  not is  a separate                                                               
question.                                                                                                                       
                                                                                                                                
MR. FUHS  reiterated if you restrict  people's private activities                                                               
then you must have strong justification.                                                                                        
                                                                                                                                
CHAIR  DYSON  referenced  the  goal  of  bringing  children  with                                                               
psychiatric needs  home to Alaska  and asked Ms. Clarke  how long                                                               
it would take the two  companies already working on the peninsula                                                               
to go through the CON process.                                                                                                  
                                                                                                                                
MS. CLARKE  explained that  they would first  submit a  letter of                                                               
intent so that DHSS would send them an application.                                                                             
                                                                                                                                
CHAIR DYSON asked whether there  was a review and culling process                                                               
when the letter of intent is filed.                                                                                             
                                                                                                                                
MS. CLARKE said  that when the letter of intent  is received then                                                               
DHSS sends a letter back affirming or denying eligibility.                                                                      
                                                                                                                                
CHAIR DYSON asked how long that would take.                                                                                     
                                                                                                                                
MS. CLARKE  pointed to  an example  that took  one day.  The next                                                               
step is  for the company  to submit  a CON application  for which                                                               
DHSS  provides   some  technical   assistance.  In   the  example                                                               
referenced above, it took two  months for the company to complete                                                               
the application.  At that point,  DHSS goes through a  process of                                                               
declaring  the application  complete. That  took several  days in                                                               
the example,  but could take  longer if the application  was more                                                               
extensive. Once  the application is  complete there is  a noticed                                                               
public  hearing and  in the  example  used that  took about  four                                                               
weeks.  After the  public meeting  the  information is  reviewed,                                                               
which  took four  to  five  weeks in  the  example. Finally,  the                                                               
information  is  submitted to  the  commissioner's  office for  a                                                               
decision.                                                                                                                       
                                                                                                                                
According to current  statute, 90 days is allowed  for the entire                                                               
process once an  applicant submits a CON.  This legislation would                                                               
shorten the process to 60 days.                                                                                                 
                                                                                                                                
CHAIR DYSON asked if that was  from the time the letter of intent                                                               
is received to when a decision is issued.                                                                                       
                                                                                                                                
MS.   CLARKE  clarified   it's  from   when  the   completed  CON                                                               
application  is received  to the  decision. She  then added  that                                                               
there  is a  30  day  comment period  included  within that  time                                                               
period.                                                                                                                         
                                                                                                                                
SENATOR  GREEN  asked  whether the  commissioner  would  issue  a                                                               
decision within that time.                                                                                                      
                                                                                                                                
MS. CLARKE said  no, the 90 day  period is the time  up until the                                                               
commissioner receives the information.  The commissioner does not                                                               
have a time period within which  to make a decision and that time                                                               
period varies from a day or two up to several months.                                                                           
                                                                                                                                
CHAIR DYSON asked  how to avoid changing the rules  in the middle                                                               
of the game for the two companies already working in Kenai.                                                                     
                                                                                                                                
MS. CLARKE  said that discussions  related to the  effective date                                                               
came up  in the House  and she had  information in her  office to                                                               
further  that discussion  and would  bring it  to the  hearing on                                                               
Monday. With  regard to  Mayor William's  testimony she  said the                                                               
department is  interested in  having the  residential psychiatric                                                               
treatment centers covered by CONs so  they can be located in many                                                               
communities  so the  residents  are  able to  be  close to  their                                                               
support groups.                                                                                                                 
                                                                                                                                
CHAIR DYSON asked if is true  that the companies would still have                                                               
to  go through  a  licensing process  before  they could  receive                                                               
children that are  either in state custody or  in state supported                                                               
treatment programs in other states.                                                                                             
                                                                                                                                
MS. CLARKE told him that is correct.                                                                                            
                                                                                                                                
CHAIR DYSON questioned how long the licensing process takes.                                                                    
                                                                                                                                
MS.  CLARKE   said  she  would   have  to  get  back   with  that                                                               
information.                                                                                                                    
                                                                                                                                
CHAIR DYSON pressed for an estimate.                                                                                            
                                                                                                                                
MS. CLARKE said she didn't have an answer.                                                                                      
                                                                                                                                
CHAIR DYSON posited  it was months, but he  would enjoy receiving                                                               
that  information at  the next  hearing.  He then  asked if  DHSS                                                               
could combine the  licensing and CON processes  and announce that                                                               
they would only license so many beds within a single region.                                                                    
                                                                                                                                
MS. CLARKE responded  she would have to speak  with the licensing                                                               
staff.                                                                                                                          
                                                                                                                                
CHAIR DYSON  observed that  even someone  that was  successful in                                                               
the  CON process  would still  have to  go through  the licensing                                                               
process.                                                                                                                        
                                                                                                                                
MS.  CLARKE  agreed then  clarified  that  the licensing  process                                                               
looks  at different  things such  as  health and  safety and  the                                                               
facility.                                                                                                                       
                                                                                                                                
CHAIR  DYSON  continued  to  say, "In  your  efforts  to  provide                                                               
facilities  where they're  needed, in  the government's  opinion,                                                               
you can only restrict people you  can't make anything happen in a                                                               
new place."                                                                                                                     
                                                                                                                                
MS.  CLARKE told  him they  are  working very  hard to  encourage                                                               
private providers  and others to  look at a number  of facilities                                                               
across the state. "The government is doing what it can."                                                                        
                                                                                                                                
CHAIR DYSON remarked that the answer is still yes.                                                                              
                                                                                                                                
SENATOR GREEN asked how much longer the meeting would last.                                                                     
                                                                                                                                
CHAIR DYSON  said he'd like  to wrap up  in five minutes,  but he                                                               
wanted   the  committee   to  make   it  clear   what  additional                                                               
information they  want and what  they're struggling with.  If any                                                               
members  were thinking  about offering  amendments then  he would                                                               
like  them to  let  people  know so  they  could  be prepared  on                                                               
Monday.                                                                                                                         
                                                                                                                                
SENATOR GREEN said  she would like to review when  the $1 million                                                               
cap was set.                                                                                                                    
                                                                                                                                
MS. CLARKE advised  that the original CON  threshold was $150,000                                                               
and that was changed to $1 million in the mid 1980s                                                                             
                                                                                                                                
SENATOR GREEN said  she though the equivalency today  was $2.5 or                                                               
$2.75 million  so if the  intent is  the same then  it's probably                                                               
still reliable  for most construction.  Some new  equipment costs                                                               
have gone  down though so  that might  be an issue  worth talking                                                               
about. She then asked about the  timeline and asked at what point                                                               
the department releases the information publicly.                                                                               
                                                                                                                                
MS. CLARKE said  she thought it was when the  review is complete,                                                               
but  she  would  get  back  with the  information.  There  is  an                                                               
opportunity to publicly notice that  someone has applied and this                                                               
has  been  important   in  the  past  because   there  have  been                                                               
situations in which there were competing applications.                                                                          
                                                                                                                                
SENATOR GREEN said,  "I think it's very  inappropriate that there                                                               
is any  disclosure of information  about a CON  application until                                                               
the  application is  deemed complete.  And  I do  not think  that                                                               
information should  be posted, that  information should  not come                                                               
from the department that should be a confidential arrangement."                                                                 
                                                                                                                                
CHAIR  DYSON asked  whether she  wanted  to add  language to  the                                                               
bill.                                                                                                                           
                                                                                                                                
SENATOR  GREEN replied  that with  regard to  amending she  had a                                                               
question  because when  they  last reviewed  the  CON there  were                                                               
regulations  that  were  at  odds   with  current  statutes.  She                                                               
questioned whether the regulations had been cleaned up.                                                                         
                                                                                                                                
MS. CLARKE replied  there were attempts to clean them  up, but it                                                               
wasn't done.                                                                                                                    
                                                                                                                                
SENATOR  GREEN suggested  that the  committee draft  a letter  of                                                               
intent  saying the  regulations must  comport to  current statute                                                               
because they  are woefully out  of date and very  misleading. She                                                               
announced that  she would like  the certificate of  need director                                                               
to attend  the next meeting.  She then asked what  the difference                                                               
is   between  an   approved  adolescent   treatment  bed   and  a                                                               
residential psychiatric treatment bed subject to the CON.                                                                       
                                                                                                                                
MS.  CLARKE replied  she was  referring  to the  acute care  bed,                                                               
which is  a hospital psychiatric  bed. Hospitals  and psychiatric                                                               
hospitals are covered by CONs.  Residential treatment centers are                                                               
not acute  hospital care  and they are  not currently  covered by                                                               
CONs.                                                                                                                           
                                                                                                                                
SENATOR  GREEN said  she misunderstood  and thought  there was  a                                                               
current  process for  approving psychiatric  treatment beds,  but                                                               
now she  understands that she was  talking about acute beds  in a                                                               
hospital setting.                                                                                                               
                                                                                                                                
MS. CLARKE said yes.                                                                                                            
                                                                                                                                
SENATOR  GREEN  asked  what  other  acute  psychiatric  beds  for                                                               
adolescents are provided in Alaska.                                                                                             
                                                                                                                                
MS. CLARKE replied she could get that information.                                                                              
                                                                                                                                
CHAIR DYSON  asked Ms.  Clarke to provide  some discussion  as to                                                               
why the department can't say they  would only license X number of                                                               
beds in  a community  that they would  pay for  through Medicaid,                                                               
Medicare, or general fund.                                                                                                      
                                                                                                                                
He  announced he  would hold  the bill  in committee  for further                                                               
discussion on Monday.                                                                                                           

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