Legislature(2013 - 2014)BELTZ 105 (TSBldg)

03/05/2013 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 56 RECLASSIFYING CERTAIN DRUG OFFENSES TELECONFERENCED
Moved CSSB 56(JUD) Out of Committee
-- Public Testimony <Time Limit May Be Set> --
+= SB 49 MEDICAID PAYMENT FOR ABORTIONS; TERMS TELECONFERENCED
Heard & Held
-- Public Testimony <Time Limit May Be Set> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 22 CRIMES; VICTIMS; CHILD ABUSE AND NEGLECT
Moved CSSB 22(JUD) Out of Committee
          SB  49-MEDICAID PAYMENT FOR ABORTIONS; TERMS                                                                      
                                                                                                                                
2:13:28 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of SB 49 and  opened public testimony. [SSSB 49 was                                                               
the working document.]                                                                                                          
                                                                                                                                
2:14:09 PM                                                                                                                    
NANCY BIENVENUE,  representing herself, said she  is a registered                                                               
nurse and the former CEO of  Care Net. This is a pregnancy center                                                               
that  offers  life  affirming  assistance  for  women  facing  an                                                               
unplanned  pregnancy and  post-abortion  assistance. She  related                                                               
that  she made  some poor  choices in  1975 and  had an  elective                                                               
abortion.  She  shared her  personal  story  and described  being                                                               
stunned  to  learn that  the  state  would  pay for  her  foolish                                                               
choices.                                                                                                                        
                                                                                                                                
She emphasized  that SB 49 is  not about freedom and  privacy and                                                               
the  right for  a woman  and her  doctor to  make a  choice about                                                               
abortion.  Rather,   the  bill  is  about   funding  an  elective                                                               
abortion.  She pointed  out  that the  statute  says [a  Medicaid                                                               
paid]  abortion   is  for  medical   necessity,  and   urged  the                                                               
legislature to  consider that  when making a  choice for  what is                                                               
good, sensible and moral.                                                                                                       
                                                                                                                                
2:19:15 PM                                                                                                                    
GRADY  PENNELL,  Pastor,  Eagle   River  Grace  Church,  said  he                                                               
supports  SB 49  because it  gives  the unborn  child a  fighting                                                               
chance  for   life.  Furthermore,  it  is   consistent  with  the                                                               
teachings of the  majority of the world religions.  He noted that                                                               
this can  be fact-checked on-line.  He shared stories  of African                                                               
American men  who probably  would not have  been born  if today's                                                               
abortions  laws had  been on  the books  when their  mothers were                                                               
pregnant.                                                                                                                       
                                                                                                                                
2:21:44 PM                                                                                                                    
PATRICIA STEEN, representing herself,  stated that legal abortion                                                               
is  the law  of  the  land and  there  can  be no  discrimination                                                               
between which women  can choose and which cannot. It  is a matter                                                               
of  access  and the  civil  rights  of  citizens under  the  14th                                                               
Amendment. She  pointed out that abortions,  including those that                                                               
are publicly  funded, have  been declining  in Alaska.  She cited                                                               
federal statistics  on the  cost of raising  a child  and pointed                                                               
out  that the  total  amount  paid for  all  the publicly  funded                                                               
abortions in  Alaska would pay for  just one child who  needed to                                                               
be on public assistance throughout his  or her life. She said the                                                               
number  of  abortions  decline   proportionally  with  access  to                                                               
affordable  birth  control,   adequate  sex  education,  adequate                                                               
health care, and the ability  to adequately support the children.                                                               
The wording proposed in SB 49  is in direct conflict with what is                                                               
available  to  two-thirds of  the  women  in  the world,  and  is                                                               
completely  unconstitutional considering  the U.S.  Supreme Court                                                               
decision  and the  14th Amendment.  She  concluded that  abortion                                                               
rights  need  to  be  safeguarded and  supported  for  all  women                                                               
regardless of their economic status.                                                                                            
                                                                                                                                
SENATOR  DYSON asked  if her  point  is that  abortion should  be                                                               
allowed because raising a child is  too expensive and the kid may                                                               
be poor.                                                                                                                        
                                                                                                                                
MS.STEEN  said her  point is  that the  proposed language  limits                                                               
abortions for women who cannot afford to pay for them.                                                                          
                                                                                                                                
2:25:56 PM                                                                                                                    
JOSHUA  DECKER,  staff  attorney,  ACLU of  Alaska,  thanked  the                                                               
committee for  allowing him to  supplement the  written testimony                                                               
that was  submitted on February  27, 2013.  He stated that  SB 49                                                               
has  serious  constitutional  problems. First,  it  violates  the                                                               
separation of  powers in  Alaska. The  Supreme Court  decision in                                                               
State  of  Alaska  v.  Planned   Parenthood  was  a  decision  of                                                               
constitutional dimension that the  legislature lacks the power to                                                               
alter  through legislation.  Because  SB 49  seeks  to limit  the                                                               
rights articulated  by the Supreme Court,  it is unconstitutional                                                               
from   a  separation   of   powers  view.   The   bill  is   also                                                               
unconstitutional from an equal protection  view. It animates from                                                               
a desire  to limit  abortions, which is  not a  neutral criterion                                                               
for the  state allocating money  to Medicaid recipients,  and the                                                               
narrow definition of  what is medically necessary  does not treat                                                               
women who receive Medicaid assistance  equally. For these reasons                                                               
the ACLU of Alaska is asking the  committee not to pass SB 49, he                                                               
said.                                                                                                                           
                                                                                                                                
CHAIR  COGHILL  said  the  committee  received  the  well-written                                                               
testimony and he disagrees with it completely.                                                                                  
                                                                                                                                
SENATOR DYSON  asked, aside from  the Supreme Court  decision, if                                                               
the ACLU has ever held an  opinion that an unborn child has value                                                               
or worth on its own.                                                                                                            
                                                                                                                                
MR. DECKER  said the  ACLU holds the  position that  everyone has                                                               
value, but SB  49 doesn't speak to that. Rather,  the bill speaks                                                               
to  an  unconstitutional  discrimination of  publicly  funding  a                                                               
constitutional right.                                                                                                           
                                                                                                                                
SENATOR  DYSON  restated the  question  asking  whether the  ACLU                                                               
believes that  an unborn  child has intrinsic  value or  worth on                                                               
its own.                                                                                                                        
                                                                                                                                
MR.  DECKER  said  certainly,  but  that isn't  the  end  of  the                                                               
inquiry. Because  of the conclusive  Supreme Court  statement, SB
49 would  offend a  longstanding constitutional  requirement and,                                                               
if passed, lead to expensive and unnecessary litigation.                                                                        
                                                                                                                                
SENATOR DYSON observed that his question was not answered.                                                                      
                                                                                                                                
2:30:44 PM                                                                                                                    
SHERRY WRIGHT,  representing herself, testified in  support of SB
49. She  shared her personal story  of how an abortion  at age 17                                                               
negatively  affected  her  life.  She only  got  peace  from  the                                                               
horrible choice she  made through the grace of  God, much prayer,                                                               
and finally telling  her secret. She related  that she volunteers                                                               
as a post-abortion counselor, and most  of the women in the group                                                               
say that  they aborted  their child as  a matter  of convenience.                                                               
She expressed hope that this common-sense bill passes.                                                                          
                                                                                                                                
CHAIR COGHILL  observed that her  testimony was that  there could                                                               
be  psychological  and emotional  cost  to  a  woman who  has  an                                                               
abortion.                                                                                                                       
                                                                                                                                
MS. WRIGHT  agreed and suggested  he search on-line  for websites                                                               
featuring post-abortion trauma.                                                                                                 
                                                                                                                                
2:35:14 PM                                                                                                                    
REGINA  CHENAULT,  M.D.,  representing  herself, said  she  is  a                                                               
surgeon testifying in  support of SB 49. She  offered her medical                                                               
opinion  that  very  few  medical  conditions  make  an  abortion                                                               
medically necessary. Mental conditions  do not qualify as medical                                                               
necessity for  a woman to get  an abortion. In fact,  many mental                                                               
health  patients have  children,  raise them,  and contribute  to                                                               
society. She emphasized  that state Medicaid dollars  do not need                                                               
to  be spent  killing babies.  They are  valuable gifts  from God                                                               
that have intrinsic worth. She  related her experience that women                                                               
who have  had an abortion  never get  away from having  made that                                                               
bad  decision.  By  contrast, many  women  with  life-threatening                                                               
diseases  risk  their own  lives  to  continue a  pregnancy.  She                                                               
shared  two  patient  stories  where  the  women  chose  to  have                                                               
abortions that would be paid for  by Medicaid and stated that she                                                               
disagrees that Medicaid should pay for these types of abortions.                                                                
                                                                                                                                
CHAIR   COGHILL   asked   her  opinion   about   including   some                                                               
psychological component to prove a medical need for an abortion.                                                                
                                                                                                                                
DR. CHENAULT said she agrees only in cases of incest.                                                                           
                                                                                                                                
CHAIR  COGHILL noted  that the  bill already  includes exceptions                                                               
for rape and incest.                                                                                                            
                                                                                                                                
2:42:16 PM                                                                                                                    
PATTI PRICE, representing herself, stated support for SB 49.                                                                    
                                                                                                                                
2:42:50 PM                                                                                                                    
CONNIE  BELL, representing  herself, testified  in support  of SB
49. She said  the testimony by Planned Parenthood  makes it clear                                                               
that  there  is  a  need to  define  "medically  necessary."  She                                                               
offered  her belief  that the  unborn child  has intrinsic  value                                                               
whose  rights are  originally from  God. Good  law upholds  those                                                               
rights and  for Alaska  to have  a good  law the  term "medically                                                               
necessary" needs a definition.                                                                                                  
                                                                                                                                
2:44:02 PM                                                                                                                    
JEAN BRAMER,  M.D., representing herself,  said she is  an OB/GYN                                                               
physician who  strongly supports SB  49. She stated that  this is                                                               
not  a  prolife and  prochoice  debate;  this is  about  funding.                                                               
Defining  "medically necessary"  is very  important to  keep from                                                               
spending  thousands   of  dollars  on  elective   abortions.  She                                                               
described an elective abortion as  an inconvenient pregnancy that                                                               
wants to be  terminated for no medical reason. In  fact, very few                                                               
medical reasons  would make an  abortion reasonable. The  list of                                                               
medical conditions in  the bill is very broad and  will cover the                                                               
women who should  be covered, but it will not  allow the state to                                                               
pay for  an elective abortion.  Private insurance does  not cover                                                               
elective  abortion so  there is  no reason  that Medicaid  should                                                               
cover  them,  she  said.  The  bill brings  clarity  to  what  is                                                               
important,  but  it  does  not  try to  change  the  legality  of                                                               
elective abortions. It's a matter of funding.                                                                                   
                                                                                                                                
2:47:46 PM                                                                                                                    
WILLIAM RESINGER,  M.D., representing  himself, said he  took the                                                               
original  Hippocratic  Oath  which   forbade  both  abortion  and                                                               
euthanasia.  As  a  radiologist  he  said he  is  in  the  unique                                                               
position of being  able to testify on behalf of  the unborn; they                                                               
are human  beings. He  described things  he has  witnessed during                                                               
ultrasounds, and pointed  out that abortion is  the only surgical                                                               
procedure  that  has  100  percent  mortality.  Because  abortion                                                               
destroys a human  being, it's important to  clearly and carefully                                                               
define what constitutes "medical necessity."                                                                                    
                                                                                                                                
2:50:55 PM                                                                                                                    
IIONA FARR  M.D., representing herself,  testified in  support of                                                               
SB 49. She said that as a  physician she does her best to promote                                                               
life  and she  doesn't  want her  tax dollars  going  to pay  for                                                               
abortions that are  not medically necessary as it  results in the                                                               
death  of unborn  Alaska children.  Noting  that eighteen  states                                                               
have passed  legislation prohibiting abortions in  the new health                                                               
exchanges, she stressed the importance  for Alaska to set a clear                                                               
standard  for  what is  medically  necessary  before the  federal                                                               
government imposes a definition.                                                                                                
                                                                                                                                
DR. FARR  suggested the committee  remove kidney  infections from                                                               
the  list   of  medical  conditions  that   qualify  for  medical                                                               
necessity. This  condition is fairly common  during pregnancy and                                                               
is  not a  reason  for  abortion. At  the  least, specify  kidney                                                               
infection  with  sepsis.  She also  suggested  adding  congenital                                                               
fetal abnormalities  incompatible with life to  the list, because                                                               
these often  result in complications  with the  pregnancy. Mental                                                               
health issues or  economic conditions are not reasons  to have an                                                               
abortion.  She related  several patient  stories and  stated that                                                               
most abortions in Alaska are elective  and should not be paid for                                                               
by taxpayers.                                                                                                                   
                                                                                                                                
CHAIR COGHILL asked her to submit her suggestions in writing.                                                                   
                                                                                                                                
DR. FARR  agreed and  noted that she  biopsies the  uterus before                                                               
doing an ultrasound.                                                                                                            
                                                                                                                                
CHAIR COGHILL asked  if she was aware of  complaints that vaginal                                                               
ultrasounds were repugnant.                                                                                                     
                                                                                                                                
DR.  FARR  answered  no; either  an  abdominal  or  trans-vaginal                                                               
ultrasound  should  be  done  before  any  type  of  intrauterine                                                               
procedure is performed.                                                                                                         
                                                                                                                                
2:56:50 PM                                                                                                                    
SID HEIDERSDORF,  Vice President, Alaskans for  Life, stated that                                                               
Alaskans for Life  supports all efforts to remove  the state from                                                               
the abortion  business, and opposes  the Medicaid  program paying                                                               
for elective  procedures, especially  abortion. That is  not what                                                               
the  program  is for.  Alaskans  for  Life  holds the  view  that                                                               
nothing  qualifies   as  a  medically  necessary   abortion,  but                                                               
acknowledges  that  SB 49  is  a  step  in the  right  direction.                                                               
However,  the  list of  conditions  to  qualify for  a  medically                                                               
necessary  abortion  is  so  broad   it  would  be  easy  for  an                                                               
abortionist  to circumvent  the intention  of the  statute. Thus,                                                               
the  committee should  consider requiring  a second  physician to                                                               
certify the medically necessary conditions.                                                                                     
                                                                                                                                
3:00:51 PM                                                                                                                    
GEORGE BROWN M.D.,  representing himself, said he  is a pediatric                                                               
physician who  has practiced in  Alaska for many years.  He began                                                               
by pointing  out that  current research  shows that  physical and                                                               
mental illness  cannot be  separated. By  definition there  is an                                                               
emotional need  if someone  who is  terribly distraught  comes in                                                               
seeking help. What should happen is  to help that person make the                                                               
most  sensible decision  for them.  However, if  families receive                                                               
the help  they need to raise  their children, there will  be less                                                               
demand for abortion.                                                                                                            
                                                                                                                                
DR.  BROWN thanked  the committee  for listening  respectfully to                                                               
each side of this very  complicated issue. He expressed hope that                                                               
both   sides  do   everything   possible   to  prevent   unwanted                                                               
pregnancies.  He   concluded  reading  the  following   from  his                                                               
prepared comments:                                                                                                              
                                                                                                                                
     Our Alaska and  United States Constitution[s] expressly                                                                    
     promise  freedom of  speech,  of the  press, of  public                                                                    
     assembly  to   petition,  and   freedom  of   and  from                                                                    
     religion.  These are  solemn and  challenging promises.                                                                    
     They are  not all yet  kept for  many of us,  sadly for                                                                    
     too  many of  us. If  I had  somehow been  able to  add                                                                    
     another  constitutional  promise,  I would  have  added                                                                    
     "freedom to practice tolerance  everywhere and as often                                                                    
     as anyone possible could."                                                                                                 
                                                                                                                                
     It is important  for you to understand  that the health                                                                    
     of  body and  mind  cannot  be divided.  I  ask you  to                                                                    
     carefully consider the negative impact that passage of                                                                     
      SB 49 will have on the emotional and physical health                                                                      
     of many Alaskan women.                                                                                                     
                                                                                                                                
3:05:58 PM                                                                                                                    
CHAIR COGHILL held SB 49 in committee.                                                                                          

Document Name Date/Time Subjects
Amended CS SB 22 Version N.pdf SJUD 3/5/2013 1:30:00 PM
SB 22
Sponsor Statement - Medically Necessary.docx SJUD 2/27/2013 1:30:00 PM
SJUD 3/5/2013 1:30:00 PM
SJUD 3/11/2013 5:00:00 PM
SB 49
SB 49 Sponsor Statement
Sectional SB 49.doc SJUD 2/27/2013 1:30:00 PM
SJUD 3/4/2013 1:30:00 PM
SJUD 3/5/2013 1:30:00 PM
SJUD 3/11/2013 5:00:00 PM
SB 49
Amendment N 2.pdf SJUD 3/5/2013 1:30:00 PM
SB 22
Amendment N.3.pdf SJUD 3/5/2013 1:30:00 PM
SB 22
SB0049B Sponsor Substitute.pdf SJUD 2/27/2013 1:30:00 PM
SJUD 3/4/2013 1:30:00 PM
SJUD 3/5/2013 1:30:00 PM
SJUD 3/11/2013 5:00:00 PM
SB 49
ACLU Review 02 27 2013.pdf SJUD 3/5/2013 1:30:00 PM
SJUD 3/11/2013 5:00:00 PM
SB 49
SB 49_Planned Parenthood Powerpoint.pdf SJUD 3/5/2013 1:30:00 PM
SJUD 3/11/2013 5:00:00 PM
SB 49
Letter from Giguere.pdf SJUD 3/5/2013 1:30:00 PM
SJUD 3/11/2013 5:00:00 PM
SB 49