Legislature(1995 - 1996)

04/11/1996 02:07 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES                          
                       STANDING COMMITTEE                                      
                         April 11, 1996                                        
                           2:07 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Cynthia Toohey, Co-Chair                                       
 Representative Con Bunde, Co-Chair                                            
 Representative Gary Davis                                                     
 Representative Norman Rokeberg                                                
 Representative Caren Robinson                                                 
 Representative Tom Brice                                                      
 Representative Al Vezey                                                       
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 None                                                                          
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 CS FOR SENATE BILL NO. 193(L&C)                                               
                                                                               
 "An Act requiring insurance coverage for certain costs of birth;              
 and providing for an effective date."                                         
                                                                               
      - PASSED HCS CSSB 193(HES) OUT OF COMMITTEE                              
                                                                               
 CS FOR SENATE BILL NO. 158(L&C) am                                            
                                                                               
 "An Act relating to pharmacists and pharmacies."                              
                                                                               
      - PASSED HCS CSSB 158(HES) OUT OF COMMITTEE                              
                                                                               
 CS FOR SENATE BILL NO. 259(HES)                                               
                                                                               
 "An Act extending the termination date of the Alaska Commission on            
 Aging; and providing for an effective date."                                  
                                                                               
      - PASSED OUT OF COMMITTEE                                                
                                                                               
 CS FOR SENATE BILL NO. 165(L&C)                                               
                                                                               
 "An Act relating to psychologists and psychological associates."              
                                                                               
      - PASSED HCS CSSB 165(HES) OUT OF COMMITTEE                              
                                                                               
                                                                               
 PREVIOUS ACTION                                                               
                                                                              
 BILL:  SB 193                                                                
 SHORT TITLE: MANDATORY INSURANCE FOR COSTS OF BIRTH                           
 SPONSOR(S): SENATOR(S) SALO, Donley, Ellis, Duncan, Kelly, Pearce,            
 Zharoff; REPRESENTATIVE(S) Robinson, B.Davis, Finkelstein, G.Davis,           
 Navarre                                                                       
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 12/29/95      2056    (S)   PREFILE RELEASED - 12/29/95                       
 01/08/96      2056    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 01/08/96      2057    (S)   LABOR & COMMERCE                                  
 01/16/96      2143    (S)   COSPONSOR(S):  DUNCAN                             
 02/15/96              (S)   L&C AT  1:30 PM BELTZ ROOM 211                    
 02/15/96              (S)   MINUTE(L&C)                                       
 02/21/96      2487    (S)   L&C RPT  CS  2DP 1NR    SAME TITLE                
 02/21/96      2487    (S)   ZERO FNS TO SB & CS (DCED,ADM,DHSS)               
 02/21/96      2487    (S)   FIN REFERRAL ADDED                                
 02/21/96      2498    (S)   COSPONSOR: KELLY                                  
 02/27/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 03/07/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 03/12/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 03/12/96      2707    (S)   FIN RPT  5DP 2NR  (L&C)CS                         
 03/12/96      2707    (S)   PREVIOUS ZERO FNS (DHSS, ADM)                     
 03/12/96      2707    (S)   ZERO FN   (DCED)                                  
 03/12/96      2718    (S)   COSPONSOR(S): PEARCE, ZHAROFF                     
 03/13/96              (S)   RLS AT 11:00 AM FAHRENKAMP RM 203                 
 03/13/96              (S)   MINUTE(RLS)                                       
 03/22/96      2834    (S)   RULES TO CALENDAR  3/22/96                        
 03/22/96      2840    (S)   READ THE SECOND TIME                              
 03/22/96      2840    (S)   L&C  CS ADOPTED UNAN CONSENT                      
 03/22/96      2841    (S)   ADVANCE TO THIRD RDG FLD Y8 N11 E1                
 03/22/96      2841    (S)   THIRD READING 3/25 CALENDAR                       
 03/25/96      2868    (S)   READ THE THIRD TIME  CSSB 193(L&C)                
 03/25/96      2868    (S)   PASSED Y17 N3                                     
 03/25/96      2868    (S)   EFFECTIVE DATE(S) SAME AS PASSAGE                 
 03/25/96      2869    (S)   Sharp  NOTICE OF RECONSIDERATION                  
 03/26/96      2911    (S)   RECONSIDERATION NOT TAKEN UP                      
 03/26/96      2912    (S)   TRANSMITTED TO (H)                                
 03/27/96      3386    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 03/27/96      3386    (H)   HES, L&C                                          
 03/28/96      3465    (H)   CROSS SPONSOR(S): B.DAVIS                         
 03/29/96      3495    (H)   FIRST CROSS SPONSOR(S): ROBINSON                  
 03/29/96      3495    (H)   CROSS SPONSOR(S): FINKELSTEIN,                    
                             G.DAVIS                                           
 04/01/96      3552    (H)   CROSS SPONSOR(S): NAVARRE                         
 04/11/96              (H)   HES AT  2:00 PM CAPITOL 106                       
                                                                               
 BILL:  SB 158                                                               
 SHORT TITLE: PHARMACISTS AND PHARMACIES                                       
 SPONSOR(S): SENATOR(S) MILLER                                                 
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 04/13/95      1025    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 04/13/95      1026    (S)   LABOR & COMMERCE                                  
 04/25/95              (S)   L&C AT  1:30 PM FAHRENKAMP RM 203                 
 04/25/95              (S)   MINUTE(L&C)                                       
 05/02/95              (S)   L&C AT  1:30 PM FAHRENKAMP RM 203                 
 05/02/95              (S)   MINUTE(L&C)                                       
 05/05/95      1524    (S)   L&C RPT  CS  3DP 2NR    SAME TITLE                
 05/05/95      1524    (S)   FISCAL NOTE TO SB (DCED)                          
 05/05/95      1524    (S)   ZERO FISCAL NOTE TO CS (DCED)                     
 05/07/95              (S)   RLS AT  1:00 PM FAHRENKAMP ROOM 203               
 05/07/95              (S)   MINUTE(RLS)                                       
 02/21/96      2489    (S)   RULES TO CALENDAR  2/21/96                        
 02/21/96      2489    (S)   ZERO FISCAL NOTE TO CS (FY97)(DCED)               
 02/21/96      2491    (S)   READ THE SECOND TIME                              
 02/21/96      2491    (S)   L&C  CS ADOPTED UNAN CONSENT                      
 02/21/96      2492    (S)   AM NO  1     ADOPTED UNAN CONSENT                 
 02/21/96      2492    (S)   AM NO  2     ADOPTED UNAN CONSENT                 
 02/21/96      2492    (S)   ADVANCED TO THIRD READING UNAN                    
                             CONSENT                                           
 02/21/96      2492    (S)   READ THE THIRD TIME  CSSB 158(L&C) AM             
 02/21/96      2493    (S)   PASSED Y19 N- E1                                  
 02/21/96      2498    (S)   TRANSMITTED TO (H)                                
 02/22/96      2852    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/22/96      2852    (H)   HEALTH, EDUCATION & SOCIAL SERVICES               
 04/09/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 04/11/96              (H)   MINUTE(HES)                                       
 04/11/96              (H)   HES AT  2:00 PM CAPITOL 106                       
                                                                               
 BILL:  SB 259                                                               
 SHORT TITLE: COMMISSION ON AGING                                              
 SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR                                  
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 02/02/96      2282    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 02/02/96      2282    (S)   HES, FIN                                          
 02/02/96      2282    (S)   FISCAL NOTE (ADM)                                 
 02/02/96      2283    (S)   GOVERNOR'S TRANSMITTAL LETTER                     
 03/08/96              (S)   HES AT  9:00 AM BUTROVICH ROOM 205                
 03/08/96              (S)   MINUTE(HES)                                       
 03/11/96      2685    (S)   HES RPT  CS  2DP 1NR    NEW TITLE                 
 03/11/96      2686    (S)   PREVIOUS FN (ADM)                                 
 03/27/96              (S)   FIN AT  9:00 AM SENATE FINANCE 532                
 03/28/96              (S)   FIN AT  8:30 AM SENATE FINANCE 532                
 03/28/96      2941    (S)   FIN RPT CS 5DP 2NR      NEW TITLE                 
 03/28/96      2942    (S)   ZERO FN TO CS (ADM)                               
 03/29/96              (S)   RLS AT 12:05 PM FAHRENKAMP RM 203                 
 04/03/96      3045    (S)   RULES TO CALENDAR  4/3/96                         
 04/03/96      3046    (S)   READ THE SECOND TIME                              
 04/03/96      3047    (S)   FAILED TO ADOPT FIN CS Y9 N10 E1                  
 04/03/96      3047    (S)   HES  CS ADOPTED Y12 N7 E1                         
 04/03/96      3048    (S)   ADVANCED TO THIRD READING UNAN                    
                             CONSENT                                           
 04/03/96      3048    (S)   READ THE THIRD TIME  CSSB 259(HES)                
 04/03/96      3048    (S)   PASSED Y19 N- E1                                  
 04/03/96      3048    (S)   EFFECTIVE DATE(S) SAME AS PASSAGE                 
 04/03/96      3053    (S)   TRANSMITTED TO (H)                                
 04/04/96      3634    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/04/96      3635    (H)   HES, FINANCE                                      
 04/09/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 04/09/96              (H)   MINUTE(HES)                                       
 04/11/96              (H)   HES AT  2:00 PM CAPITOL 106                       
                                                                               
 BILL:  SB 165                                                                 
 SHORT TITLE: PSYCHOLOGISTS & PSYCHOLOGICAL ASSOCIATES                         
 SPONSOR(S): HEALTH, EDUCATION & SOCIAL SERVICES BY REQUEST                    
                                                                               
 JRN-DATE     JRN-PG               ACTION                                      
 04/25/95      1230    (S)   READ THE FIRST TIME - REFERRAL(S)                 
 04/25/95      1230    (S)   HES, L&C                                          
 01/17/96              (S)   HES AT  9:00 AM BUTROVICH ROOM 205                
 01/17/96              (S)   MINUTE(HES)                                       
 01/18/96      2166    (S)   HES RPT  CS  4DP        SAME TITLE                
 01/18/96      2166    (S)   ZERO FISCAL NOTE TO SB & CS (DCED)                
 01/30/96              (S)   L&C AT  1:30 PM FAHRENKAMP RM 203                 
 01/30/96              (S)   MINUTE(L&C)                                       
 01/31/96      2262    (S)   L&C RPT  CS  2DP 2NR    SAME TITLE                
 01/31/96      2262    (S)   PREVIOUS ZERO FISCAL NOTE (DCED)                  
 02/02/96              (S)   RLS AT 10:15 AM FAHRENKAMP RM 203                 
 02/02/96              (S)   MINUTE(RLS)                                       
 02/07/96      2324    (S)   RULES TO CALENDAR 2/9/96                          
 02/09/96      2359    (S)   READ THE SECOND TIME                              
 02/09/96      2359    (S)   L&C  CS ADOPTED UNAN CONSENT                      
 02/09/96      2359    (S)   ADVANCED TO THIRD READING UNAN                    
                             CONSENT                                           
 02/09/96      2359    (S)   READ THE THIRD TIME  CSSB 165(L&C)                
 02/09/96      2360    (S)   PASSED Y19 N0 E1                                  
 02/09/96      2363    (S)   TRANSMITTED TO (H)                                
 02/12/96      2718    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 02/12/96      2718    (H)   HEALTH,EDUCATION AND SOCIAL SERVICES              
 04/02/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 04/02/96              (H)   MINUTE(HES)                                       
 04/04/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 04/04/96              (H)   MINUTE(HES)                                       
 04/09/96              (H)   HES AT  3:00 PM CAPITOL 106                       
 04/09/96              (H)   MINUTE(HES)                                       
 04/10/96      3682    (H)   ECD AND L&C REFERRAL ADDED                        
                                                                               
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 BRUCE RICHARDS, Legislative Administrative Assistant                          
   to Senator Judy Salo                                                        
 Alaska State Legislature                                                      
 Capitol Building, Room 504                                                    
 Juneau, Alaska  99801-1182                                                    
 Telephone:  (907) 465-4940                                                    
 POSITION STATEMENT:  Presented Sponsor Statement for SB 193                   
                                                                               
 JANET PARKER, Deputy Director                                                 
 Division of Retirement & Benefits                                             
 Department of Administration                                                  
 P.O. Box 110203                                                               
 Juneau, Alaska  99811-0203                                                    
 Telephone:  (907) 465-4470                                                    
 POSITION STATEMENT:  Testified on CSSB 193(L&C)                               
                                                                               
 STEVE LeBRUN, Senior Account Manager                                          
 Aetna Health Plan                                                             
 Aetna Life Insurance Company                                                  
 P.O. Box 91032                                                                
 Seattle, Washington  98111-9132                                               
 Telephone:  (206) 467-2803                                                    
 POSITION STATEMENT:  Testified on CSSB 193(L&C)                               
                                                                               
 GAIL McGILL, Registered Nurse and Director                                    
   of Quality and Utilization Management                                       
 Columbia Alaska Regional Hospital                                             
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 264-1754                                                    
 POSITION STATEMENT:  Testified in support of CSSB 193(L&C)                    
                                                                               
 JANET OATES, Representative                                                   
 Providence Health System                                                      
 P.O. Box 196604                                                               
 Anchorage, Alaska  99519                                                      
 Telephone:  (907) 261-4946                                                    
 POSITION STATEMENT:  Testified on CSSB 193(L&C)                               
                                                                               
 DR. RICHARD NIST, Obstetrician/Gynecologist                                   
 4120 Laurel                                                                   
 Anchorage, Alaska  99508                                                      
 Telephone:  (907) 563-6515                                                    
 POSITION STATEMENT:  Testified on CSSB 193(L&C)                               
                                                                               
 GORDON EVANS, Lobbyist                                                        
 Health Insurance Association of America                                       
 318 4th Street                                                                
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 586-3210                                                    
 POSITION STATEMENT:  Testified in opposition to CSSB 193(L&C)                 
                                                                               
 NANCY WELLER                                                                  
 Division of Medical Assistance                                                
 Department of Health & Social Services                                        
 P.O. Box 110660                                                               
 Juneau, Alaska  99811-0660                                                    
 Telephone:  (907) 465-3355                                                    
 POSITION STATEMENT:  Answered questions on CSSB 193(L&C)                      
                                                                               
 JANET THURSTON                                                                
 436 Valley View Drive                                                         
 Fairbanks, Alaska  99701                                                      
 Telephone:  (907) 457-1164                                                    
 POSITION STATEMENT:  Testified on CSSB 193(L&C)                               
                                                                               
 PAT SENNER, Executive Director                                                
 Alaska Nurses Association                                                     
 P.O. Box 102264                                                               
 Anchorage, Alaska  99510                                                      
 Telephone:  (907) 243-8044                                                    
 POSITION STATEMENT:  Testified in support of CSSB 193(L&C)                    
                                                                               
 SCOTT CALDER                                                                  
 P.O. Box 75011                                                                
 Fairbanks, Alaska  99707                                                      
 Telephone:  (907) 474-0174                                                    
 POSITION STATEMENT:  Testified on CSSB 193(L&C)                               
                                                                               
 SENATOR JUDY SALO                                                             
 Alaska State Legislature                                                      
 Capitol Building, Room 504                                                    
 Juneau, Alaska  99801-1182                                                    
 Telephone:  (907) 465-4940                                                    
 POSITION STATEMENT:  Prime sponsor of SB 193                                  
                                                                               
 ALISON ELGEE, Deputy Commissioner                                             
 Department of Administration                                                  
 P.O. Box 110200                                                               
 Juneau, Alaska  99811-0200                                                    
 Telephone:  (907) 465-2200                                                    
 POSITION STATEMENT:  Testified on CSSB 259(FIN)                               
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 96-39, SIDE A                                                            
 Number 001                                                                    
                                                                               
 The House Health, Education and Social Services Standing Committee            
 was called to order by CO-CHAIR CYNTHIA TOOHEY at 2:07 p.m.                   
 Members present at the call to order were Representatives Toohey,             
 Davis, Rokeberg and Brice.  A quorum was present to conduct                   
 business.                                                                     
                                                                               
 CO-CHAIR TOOHEY announced the calendar for the meeting was CSSB 193           
 (L&C), "An Act requiring insurance coverage for certain costs of              
 birth; and providing for an effective date"; CSSB 158(L&C) am "An             
 Act relating to pharmacists and pharmacies"; CSSB 259(FIN), "An Act           
 extending the termination date of the Alaska Commission on Aging;             
 and providing for an effective date"; and if time allows, CSSB
 165(L&C) "An Act relating to psychologists and psychological                  
 associates."                                                                  
                                                                               
 CO-CHAIR CON BUNDE arrived at 2:09 p.m.                                       
                                                                               
 CSSB 193(L&C) - MANDATORY INSURANCE FOR COSTS OF BIRTH                      
                                                                               
 Number 199                                                                    
                                                                               
 BRUCE RICHARDS, Legislative Administrative Assistant to Senator               
 Judy Salo, said Senator Salo introduced this legislation basically            
 to set some guide limits for the coverage on the cost of                      
 hospitalization and medical care after birth.  Senator Salo had               
 been contacted during the interim by a constituent who had been               
 told that her insurance would not cover an additional day beyond              
 the 24 hours following the birth of her child and she didn't feel             
 she was ready to go home.   Senator Salo started doing some                   
 checking and found this is not a huge problem in Alaska, but she              
 has been getting more and more calls since she introduced the                 
 legislation.  It is quite a large problem in the Lower 48 which is            
 where all Senator Salo's information came from.  She had the                  
 legislation drafted and basically what it does is require mandatory           
 coverage of hospitalization or medical care for 48 hours after a              
 vaginal birth and 96 hours after a caesarean section.  It does not            
 mandate the patient to stay in the hospital if the patient wishes             
 to go home; it is purely a cost question of who is paying.                    
                                                                               
 CO-CHAIR TOOHEY asked if the insurance companies charge for the 24            
 hours or for the actual time in the hospital?                                 
                                                                               
 MR. RICHARDS asked if she was referring to the time right after               
 birth.                                                                        
                                                                               
 CO-CHAIR TOOHEY said this legislation would allow for 48 hours                
 after a vaginal birth, but if the patient decided to stay only 24             
 hours, which is the patient's option, is that what the insurance              
 company charges for or do they charge for all 48 hours?                       
                                                                               
 MR. RICHARDS said if a patient is in the hospital for only 24 hours           
 after the birth, that's what the insurance company charges for.               
                                                                               
 CO-CHAIR TOOHEY asked if there were any additional questions of Mr.           
 Richards.   Hearing none, she asked Janet Parker to come forward to           
 testify.                                                                      
                                                                               
 REPRESENTATIVE CAREN ROBINSON arrived at 2:12 p.m. and                        
 REPRESENTATIVE AL VEZEY arrived at 2:13 p.m.                                  
                                                                               
 Number 394                                                                    
                                                                               
 JANET PARKER, Deputy Director, Division of Retirement & Benefits,             
 Department of Administration, said she was available to answer                
 questions the committee might have regarding the fiscal note or how           
 this bill applied to the state health plan.                                   
                                                                               
 CO-CHAIR BUNDE noted there were three zero fiscal notes, yet this             
 bill would increase coverage and wondered who was going to pay for            
 that increased coverage?                                                      
                                                                               
 MS. PARKER responded the division doesn't believe there will be               
 much increase at all for the state's plan; definitely not enough to           
 impact the  premium.  The state's plans are based on experience and           
 1.7 days is the average hospital stay for an uncomplicated vaginal            
 delivery.  Based on that, currently more mothers are staying for              
 two days, but there are a lot of them going home after one day.               
 She commented it hasn't been a problem with the state's plan.  In             
 her discussions with nurses at Aetna, they don't recall there being           
 a conflict with a doctor saying his/her patient needs another day             
 in the hospital.  The division does not believe this legislation              
 will have an impact.                                                          
                                                                               
 CO-CHAIR TOOHEY asked Ms. Parker if the division had received any             
 complaints?                                                                   
                                                                               
 MS. PARKER recalled having a complaint for someone who wanted to be           
 certified in advance for two days, but the state's plan only                  
 certifies for one day.  The nurses at Aetna will advise that an               
 individual can be certified for one day and to simply call if an              
 additional day is needed.                                                     
                                                                               
 CO-CHAIR TOOHEY said she understood there is a difference in                  
 delivery versus entry time.  For example, some hospitals don't                
 start counting the time until the delivery takes place while others           
 start counting from the time a patient enters the hospital.                   
                                                                               
 MS. PARKER commented that Bartlett Memorial Hospital in Juneau                
 actually does a delivery charge time and then starts the patient in           
 the hospital upon birth as far as staying as a patient.  She noted            
 that hospitals bill from midnight to midnight on any hospital stay.           
                                                                               
 CO-CHAIR TOOHEY asked her to explain.                                         
                                                                               
 MS. PARKER said she walked into the hospital at ten minutes past              
 midnight and delivered her baby at 12:55 a.m. so her day didn't               
 start until the following day because the hospital counts from                
 midnight to midnight.  On the other hand, if she had gone into the            
 hospital at 11:00 p.m., the hospital would have started the day and           
 charged for the full day if she had left at 10:00 the next morning.           
                                                                               
 CO-CHAIR TOOHEY asked if a mother delivers her child at 1:00 a.m.,            
 24 hours would be 1:00 a.m. the next day, so is that when the                 
 mother would leave?                                                           
                                                                               
 MS. PARKER replied no, she actually left about 36 hours later and             
 was charged one day by the hospital which was paid by the                     
 insurance.                                                                    
                                                                               
 CO-CHAIR TOOHEY inquired who absorbs the rest of it?                          
                                                                               
 MS. PARKER said the hospital bills from midnight to midnight, so              
 the hospital is absorbing it.  The hospital doesn't charge for the            
 day of discharge.                                                             
                                                                               
 CO-CHAIR TOOHEY asked if that was okay with the hospital?                     
                                                                               
 MS. PARKER deferred the question to a hospital representative.                
                                                                               
 Number 678                                                                    
                                                                               
 REPRESENTATIVE GARY DAVIS said it appears there's a patient day -             
 midnight to midnight - but the legislation speaks specifically to             
 the period of time after child birth.  He asked if that would be in           
 conflict with any hospital policies?                                          
                                                                               
 MS. PARKER said she didn't think so.  She believed that Aetna uses            
 the guidelines of starting from the point of birth.                           
                                                                               
 CO-CHAIR BUNDE observed that if a patient delivers her child at               
 1:00 a.m., conceivably a hospital could ask the patient to leave at           
 1:00 a.m. the following day.                                                  
                                                                               
 MS. PARKER said she didn't think that would happen.                           
                                                                               
 CO-CHAIR BUNDE said conceivably it could happen if they enforced              
 the 24 hours.                                                                 
                                                                               
 Number 765                                                                    
                                                                               
 REPRESENTATIVE ROBINSON said it was her understanding that this               
 legislation eliminates some of the red tape that occurs if a                  
 patient needs to stay an additional day.                                      
                                                                               
 MS. PARKER didn't know if Aetna, with regard to the state's plan,             
 would change its procedure to check up and see if the patient needs           
 to be there.  She views it more in the line that if managed care              
 came into Alaska and tried to do a 6-hour discharge after delivery,           
 it would be more of a protection.  She reiterated she doesn't                 
 believe there is a problem now.  In her particular case, Aetna                
 certified an additional day for her and her baby because the doctor           
 thought the baby needed to stay in the hospital a while longer.               
                                                                               
 REPRESENTATIVE ROBINSON noted it was the local hospital board who             
 actually requested this legislation because of problems at Bartlett           
 Memorial Hospital.                                                            
                                                                               
 Number 835                                                                    
                                                                               
 CO-CHAIR TOOHEY asked if the division had a specific criteria for             
 caesarean births?                                                             
                                                                               
 MS. PARKER said the state does not, but Aetna does.  She believed             
 that Aetna would certify three days at the start, and a person                
 could call for anything beyond that.                                          
                                                                               
 CO-CHAIR TOOHEY asked if the division intervenes when a problem               
 arises between a patient and the insurance company?  If so, do they           
 win?                                                                          
                                                                               
 MS. PARKER said the division does intervene a lot and they don't              
 lose them all.                                                                
                                                                               
 CO-CHAIR TOOHEY commented they do lose a certain amount of them,              
 however.                                                                      
                                                                               
 MS. PARKER said that was true and added they are not doctors.                 
                                                                               
 CO-CHAIR TOOHEY said that was the statement she wanted to hear;               
 they aren't doctors and neither are the insurance companies.                  
 Doctors are doctors and they make the final judgment.                         
                                                                               
 Number 894                                                                    
                                                                               
 CO-CHAIR BUNDE said the fiscal note represents the state's policy             
 with Aetna and based on Ms. Parker's experience, it's not a problem           
 with Aetna if a doctor requests certification for a patient to stay           
 for an additional length of time.  Therefore, this bill isn't                 
 really needed and doesn't have an impact on the state employers who           
 are covered by the state program through Aetna.  It may however,              
 have an impact on other businesses and other insurance programs.              
                                                                               
 MS. PARKER said she could not speak to what other companies are               
 doing.                                                                        
                                                                               
 CO-CHAIR BUNDE said the point he was getting at is that while there           
 will be no fiscal impact at this point to the state, there may well           
 be fiscal impact for private industry.                                        
                                                                               
 MS. PARKER said potentially yes.                                              
                                                                               
 CO-CHAIR TOOHEY asked if there were additional questions of Ms.               
 Parker.  Hearing none, she asked Steve LeBrun to present his                  
 testimony.                                                                    
                                                                               
 Number 973                                                                    
                                                                               
 STEVE LeBRUN, Senior Account Manager, Aetna Health Plan, Aetna Life           
 Insurance Company, said that SB 193 relates to the (indisc.) topic            
 given that (indisc.) delivery is the most frequent cause of                   
 hospital admission in the United States.  He said it's also true              
 that the trend for hospital length of stay for mothers and newborns           
 has been decreasing for many years.  He said the committee had                
 already heard that not all mothers want to stay in the hospital and           
 that many would prefer to be at home with their families as soon as           
 they can.  Nevertheless, Aetna understands this trend has raised              
 concerns, often based on anecdotal stories bubbling up from the               
 Lower 48.  He believes everyone shares the goal of seeing that the            
 care and coverage needs of each individual mother and newborn are             
 recognized.   Admittedly, coverage policies on payment criteria               
 from one health insurer to another may vary.  In that regard, Aetna           
 would not be opposed to taking steps to avoid or weed out blatant             
 abuses as to where they exist or develop.                                     
                                                                               
 MR. LeBRUN said that Aetna Health Plan doesn't itself have a policy           
 which requires routine discharge of maternity patients from the               
 hospital after a one day stay.  In pre-certifying hospital stays              
 for maternity, this is usually a process done months in advance of            
 the delivery date.  Aetna does, in fact, generally pre-certify for            
 one day of hospitalization on the assumption of a routine,                    
 uncomplicated delivery.  However, after the birth has taken place             
 they will discuss with the attending obstetrician and pediatrician            
 and work with them if additional time in the hospital appears                 
 appropriate and warranted, given the condition of the mother and              
 the newborn.  In answer to a question, it is Aetna's standard up-             
 front certification for a caesarean section to allow for three days           
 essentially without question and then as with any confinement,                
 whether maternity related or otherwise, to then work with the                 
 patient's physician to certify additional days as medically needed.           
 Aetna also agrees that medical decisions should be made by the                
 attending medical professional after consultation with their                  
 patients and after an assessment of their medical condition.                  
 Likewise, just for clarification, all of Aetna's benefit payment              
 decisions concerning maternity and maternity length of stay are               
 also made by medical professionals, either registered nurses or               
 physician (indisc.) reviewers; they don't use clerks or bureaucrats           
 or have any sort of blanket rule making.                                      
                                                                               
 MR. LeBRUN said Aetna doesn't want mothers and newborns discharged            
 from the hospital unless they meet appropriate guidelines.  They,             
 in fact, use the guidelines that have been developed over time by             
 the American Academy of Pediatrics and the American College of                
 Obstetrics and Gynecology.  Aetna has implemented those guidelines            
 in full, using the standards established by these groups.  The                
 criteria included in these guidelines are fairly extensive and                
 include among other things, consideration that the mother has had             
 a full term, uncomplicated pregnancy, that infant growth is                   
 appropriate, that development is normal, that lab screen tests have           
 been performed and there's been an assessment that the mother and             
 infant have been observed for sufficient time to ensure that both             
 are stable, the mother has received instruction in child care and             
 the social environment has been assessment, so from that                      
 perspective it is appropriate and timely for her to go home or not            
 go home, and that the specific physical condition and status of               
 both mother and child has been attained prior to release.                     
                                                                               
 CO-CHAIR TOOHEY commented that Mr. LeBrun had sent her the                    
 guidelines for a 24-hour discharge following an uncomplicated                 
 vaginal delivery and asked if she had his permission to distribute            
 that document to the committee.                                               
                                                                               
 MR. LeBRUN responded he had no problem with that.  He noted the               
 guidelines are not Aetna developed guidelines; Aetna uses what he             
 thinks are the guidelines established by the medical review body.             
                                                                               
 CO-CHAIR TOOHEY referred to Mr. LeBrun's comment that decisions are           
 made by medical personnel and said she believes the only medical              
 personnel that should be consulted is the doctor who is caring for            
 the mother and the baby.  She asked if Aetna gives paramount                  
 consideration to them?                                                        
                                                                               
 MR. LeBRUN said certainly, the attending physicians are in the best           
 position to assess the health status; therefore, they would be                
 looked to for advice and consultation.                                        
                                                                               
 CO-CHAIR TOOHEY asked how often does Aetna disagree and not allow             
 the physician's advice to carry any weight?  Also, if a patient               
 signs out of a hospital AMA, meaning away without medical advice,             
 that carries a lot of weight; however, if Aetna determines a                  
 patient needs to leave the hospital and will not pay for the                  
 additional service, shouldn't there be a legal document which                 
 states that Aetna is taking on the responsibility for that patient?           
                                                                               
 MR. LeBRUN said in answer to the first question, he didn't have               
 firm data with him on weights of acceptance or denial, other than             
 to say it would be the rare circumstance where there would be a               
 difference of opinion.  Also, his involvement with the state                  
 employees' plan as well as other plans, is that in this area in               
 working with Alaska facilities and providers, maternity lengths of            
 stay is not in any way a chronic ongoing issue.   Regarding the               
 second question, he agreed there are some difficulties with the               
 concept, but Aetna's role is as a fiduciary of the health insurance           
 plan and it's in that role as administer of a health plan of                  
 benefits, not as a care giver, that they are making a benefit                 
 decision.  Certainly, it is their hope and he thinks it's almost              
 always the case that Aetna's review for benefit coverage purposes             
 coincides with the physician's intent in that manner and that Aetna           
 is in agreement that items are medically needed and not just                  
 convenient.  Obviously, if a patient wants to stay and it's                   
 primarily for convenience and not for a medical reason, it is                 
 possible they may end up at odds with each other.  Aetna does work            
 directly with attending physicians to fully understand the                    
 patient's medical circumstances, but they can make an                         
 individualized decision, when necessary.                                      
                                                                               
 CO-CHAIR BUNDE referenced a memorandum which indicated that if a              
 mother and newborn baby leaves the hospital within 24 hours, they             
 are eligible for a home care visit.  However, if they stay in the             
 hospital longer than 24 hours, they lose the option for the home              
 care visit.  He asked how this legislation would affect that                  
 policy?                                                                       
                                                                               
 MR. LeBRUN said he wasn't aware that is Aetna's policy.  He didn't            
 know of any hard and fast rule that would make home care visit                
 contingent on length of stay.  Generally, he thinks there are many            
 cases where a home visit may not be necessary the next day, but he            
 wasn't aware of any blanket rule in that regard.  He added that               
 Aetna has consistently promoted home health care visits as a good             
 quality cost effective alternative.                                           
                                                                               
 CO-CHAIR BUNDE said the conversation regarding the home care visits           
 had originated with Janet Keough of Aetna in Seattle and said he              
 would share the information with Mr. LeBrun, if he desired.                   
                                                                               
 MR. LeBRUN reiterated that if it is the policy, he wasn't aware of            
 it.  He said he would be happy to discuss the issue in his office             
 and confirm or clarify that issue for the committee.                          
                                                                               
 CO-CHAIR BUNDE said he would appreciate that because to quote her,            
 "A mother and an infant discharged together within 24 hours of                
 birth qualify for a follow-up home visit.  If the mother and child            
 are in the hospital longer than 24 hours after the birth, then a              
 home follow-up is not covered as a necessary medical expense."                
                                                                               
 MR. LeBRUN said he would follow up and provide comments back to the           
 committee.                                                                    
                                                                               
 CO-CHAIR TOOHEY asked if there were any questions of Mr. LeBrun.              
 Hearing none, she asked Gail McGill to testify.                               
                                                                               
 Number 1464                                                                   
                                                                               
 GAIL McGILL, Registered Nurse and Director of Quality and                     
 Utilization Management, Columbia Alaska Regional Hospital,                    
 testified in support of CSSB 193(L&C).  She said as a hospital with           
 an active maternal child unit, they strive to work with their                 
 patients, physicians, nurse midwives and the payers in providing              
 the most cost effective quality care.  If there is medical                    
 necessity for the patient to stay, the insurance reviewers often              
 will extend the stay, but will provide a disclaimer that the bill             
 may not be paid by the insurer.  Columbia Alaska Regional Hospital            
 supports the legislation as it provides the option for a 48-hour or           
 96-hour stay when it is determined to be in the patient's best                
 interest.  As the length of stay for postpartum parents and infants           
 has dropped, they have seen an increase in the number of infants              
 brought into the emergency room and in the number of questions                
 phoned into the hospital about care of infants and mothers                    
 recovering from the birth process.  The shortened stay does not               
 provide the time for the physical and emotional recovery of the               
 mother and the adaptation of the newborn to the (indisc.) uterine             
 environment.  The process of nursing a newborn is often not                   
 established with the early discharge and new mothers may encounter            
 feeding problems without resources for solving them.  It does                 
 provide a difficult situation when a physician's assessment                   
 indicates the best course of treatment is to provide continued                
 hospitalization for the mother, but the insurance policy is limited           
 and does not cover the additional stay.  She said they recognize              
 the need for cost containment in health care, however they see the            
 need for safe relevant care in the most appropriate setting.  The             
 attending physician or nurse midwife is the most appropriate                  
 provider to determine when the mother and newborn are medically               
 stable enough to be discharged.  They support the mother and infant           
 staying hospitalized on the order of a physician to be sure there             
 are no complications and that the recovery process is successfully            
 underway.  They have begun a new program for home follow-up with              
 new mothers and infants through their home health agency, using               
 their experienced maternal child registered nurses.  They will be             
 assessing the infants and providing any additional teaching which             
 may be necessary to ensure the safety and health of the newborn.              
 This is being provided as a continuation of the hospital visit.               
 They know that home visits are not the answer for all postpartum              
 patients, but will provide for early intervention of those newborn            
 or others who develop problems in the very early postpartum period.           
 She commented they would support amendments to this bill with                 
 regard to home health services as well.  She thanked the committee            
 for the opportunity to testify.                                               
                                                                               
 Number 1579                                                                   
                                                                               
 CO-CHAIR TOOHEY asked if Ms. McGill had found there was a                     
 reluctance to accept a doctor's recommendation for a longer                   
 hospital stay?                                                                
                                                                               
 MS. McGILL said the staff had indicated sometimes there is but                
 often times if they can justify with the information, then the                
 insurance reviewers, who are usually registered nurses, state the             
 additional stay will be covered if there is medical indications.              
                                                                               
 CO-CHAIR BUNDE asked Ms. McGill if the maternity unit pays for                
 itself?                                                                       
                                                                               
 MS. McGill said she didn't know.                                              
                                                                               
 CO-CHAIR BUNDE said he had heard that maternity units were                    
 expensive to operate and other services, such as a tonsillectomy,             
 are often padded to pay for maternity units.  He felt this could              
 lead to patients being encouraged to stay longer.                             
                                                                               
 CO-CHAIR TOOHEY asked if there were other questions of Ms. McGill.            
 Hearing none, she asked Janet Oates to testify.                               
                                                                               
 Number 1645                                                                   
                                                                               
 JANET OATES, Representative, Providence Health System, said that              
 she agreed with Ms. McGill in that there is a bit of a problem.               
 They are aware of situations such as the one brought to Senator               
 Salo's attention that prompted the introduction of this                       
 legislation.  As Mr. LeBrun had mentioned, they can't say this is             
 the rule for a particular hospital; rather there are a variety of             
 plans and choices.  In most cases, the employer is making a choice            
 among several different options offered by an insurance company, so           
 one insurance company could have a variety of ways and approaches             
 to providing maternity benefits and may include the length of stay.           
 Obviously, an employer in looking at an overall health plan, is               
 trying to stretch the dollars to provide the most coverage to all             
 employees.  She added there are various ways the insurance                    
 companies can (indisc.) take a hospital depending on the particular           
 plan that's being used; some are straight fee for service, some are           
 discounts, some are per diem rate, and they can all be from the               
 same insurance company.  In the same way, the timing of when a                
 patient is charged can depend not on the hospital, but on the                 
 particular plan - is it from the time of delivery or from the time            
 the person walks into the hospital.                                           
                                                                               
 MS. OATES said on the medical side, their doctors and nurses have             
 been concerned, and as Ms. McGill said 12 to 24 hours rarely allows           
 the physical and mental adjustment as well as the education needed            
 for mothers and newborns, especially in the area of breast-feeding.           
 In fact, when there has been a reluctance by an insurer to pay for            
 an additional stay, many times the hospital as a convenience to the           
 family, will allow them to stay longer.  They do absorb the cost              
 and it does get cost shifted.  Providence Health System likes the             
 language under Section 21.42.347(c) because it does allow some                
 flexibility.  She believes there is a movement away from the very             
 rigid and expensively short stays in insurance plans even in the              
 Lower 48, because they've seen it hasn't worked.  She thinks there            
 has been negative feedback from employees who complain to the                 
 employer, who then change the benefit package.  She is aware there            
 has been debate on whether this is something that needs to be                 
 addressed by the legislature, but she believes they are comfortable           
 with this bill because there is flexibility in it and they support            
 the intent of it.                                                             
                                                                               
 Number 1806                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG said it was his understanding that                    
 Providence has adopted what could be described as a miniature or              
 mini-managed care plan for their own employees.  He asked Ms. Oates           
 what the maternity benefits of that plan were with regard to this             
 topic?                                                                        
                                                                               
 MS. OATES responded that it was so new - it began January 1, and              
 because she is so far removed from it, she hasn't looked at that              
 particular benefit.  She suspected they would move more toward the            
 48 hours, but she couldn't confirm that.  She offered to look into            
 that and provide information back to the committee.                           
                                                                               
 CO-CHAIR TOOHEY called Dr. Richard Nist to testify from Anchorage.            
                                                                               
 Number 1853                                                                   
                                                                               
 DR. RICHARD NIST, Obstetrician/Gynecologist, testified from                   
 Anchorage via teleconference.  He is on the staff at both                     
 hospitals, but he does almost all his work at the Providence                  
 Hospital.  He said there can be problems with short stays in the              
 hospital particularly with very young mothers who need extra time             
 just to guide them in the right direction of caring for newborn               
 babies.  Alternatively, a mother who has gone through a prolonged             
 labor may be exhausted and may not be physically up to going home             
 at that point in time.  He said it's difficult to place a standard            
 of 24 hours for discharge for normal vaginal deliveries and it                
 appears to him that it is important to be able to use some judgment           
 and have some flexibility with regard to mothers and newborns.  He            
 has seen patients who have had tremendous hassles and problems with           
 their insurance company.                                                      
                                                                               
 CO-CHAIR TOOHEY inquired if Dr. Nist, in his practice, feels this             
 legislation is warranted?                                                     
                                                                               
 DR. NIST said he felt a lot of patients could go home after 24                
 hours and he didn't believe that mandating 48 hours is necessary.             
 He simply thinks it should be a medical judgment, but also with               
 some flexibility regarding the discharge.  In other words, a                  
 physician can't always find some medical reason that a patient                
 should not be discharged.  For example, if a new mother is                    
 exhausted, he wasn't sure that would fit into an insurance                    
 company's standard.  He affirmed that some flexibility is needed.             
                                                                               
 Number 2008                                                                   
                                                                               
 REPRESENTATIVE ROBINSON commented this bill does not mandate, it              
 just allows the option.                                                       
                                                                               
 REPRESENTATIVE ROKEBERG asked Dr. Nist to comment "on the position            
 of the physician who would tend, particularly in OB/GYN, who                  
 happened to be the most involuntary litigious portion of the                  
 medical profession, wouldn't the tendency be to practice more                 
 defensive medicine by tending to allow a patient who might                    
 otherwise be discharged in 24 hours to stay an extra day?"                    
                                                                               
 DR. NIST said on the litigious side of it, he thinks much more                
 involves the labor and delivery.   He said he could certainly see             
 that a doctor could run into a patient that is somewhat abusive               
 about staying for 24 hours and the threat of potential litigation             
 would motivate a physician to allow the patient to stay longer.               
 Hopefully, that wouldn't happen and he thought it would be a rare             
 occasion.  He feels quite strongly that physicians would not keep             
 patients hospitalized longer because of their fear of litigation.             
                                                                               
 CO-CHAIR BUNDE said he had heard a couple of comments in discussion           
 regarding babies who have gone home relatively quickly after                  
 delivery, become jaundiced and had to go back to the hospital.  He            
 asked if that happens to babies who stay in the hospital more than            
 24 or 48 hours?  Also, is the going home early a factor in the                
 jaundice or is it just more likely to be caught?                              
                                                                               
 DR. NIST said he didn't believe the fact that a baby goes home                
 early influences jaundice.  He thinks the pediatricians can follow            
 up in the office.  In his opinion keeping a mother longer than 48             
 hours would not prevent any of those problems and would simply add            
 to the cost.                                                                  
                                                                               
 CO-CHAIR TOOHEY announced that concluded the teleconference                   
 testimony.  She asked Gordon Evans to present his testimony.                  
                                                                               
 Number 2142                                                                   
                                                                               
 GORDON EVANS, Lobbyist, Health Insurance Association of America,              
 said the Health Insurance Association of America (HIA) is a trade             
 association of commercial health insurance companies, but Aetna or            
 Blue Cross is not included in their membership.   He said HIA is              
 opposed to Senate Bill 193 for a couple of reasons.  First, because           
 it mandates coverage by the use of the language "shall provide."              
 State mandated benefits will ultimately result in increasing health           
 care costs and limit access to health care or quality care, and               
 this legislature just recently has gone on a mandated benefit                 
 binge.  In addition to this bill, there is mandated coverage for              
 cancer detection tests in the form of prostate testing for men and            
 pap smears for women, as well as the coverage for victims of                  
 domestic violence.  Because all of these benefits will be mandated            
 if they pass, the insurers will have to include that factor into              
 their underwriting considerations, which can only result in higher            
 premiums, especially for individual premiums.  As was noted                   
 earlier, with group insurance that coverage is usually negotiated             
 and will be included, so the increase would not be noticed that               
 much, but it would certainly reflect in an individual's policy.               
                                                                               
 MR. EVANS said that HIA believes that mothers and their doctors in            
 partnership with the health plan, can best determine when the                 
 mother and her newborn are ready to leave the hospital safely.                
 They believe the legislature should not be making medical decisions           
 or embodying such decisions in law, especially since the decision             
 quite often varies according to individual circumstances.  In a               
 way, their opposition to CSSB 193(L&C) would be just adding another           
 law on the books to cure what presently is a nonexistent problem in           
 this state.  They realize there are some anecdotal problems, but it           
 is not prevalent.  It has become obvious that the health care                 
 industry is not getting across some key points they've been making            
 on this mostly emotional issue.  First, this is not a debate about            
 covering medically necessary care; insurers will cover that.  If it           
 is care that should be performed in the hospital and the doctor               
 confirms that, the insurance company will cover it for as many                
 hours as are needed.  During the last decade, the health care                 
 industry has made great strides in providing and delivering quality           
 health care at a reduced cost.  One of the most noticeable ways in            
 which this has been achieved is by lowering the number of in-                 
 patient hospital stays for a variety of illnesses, including                  
 maternity length of stay.  In fact the average length of stay for             
 maternity is not the result of a change in policy by insurance                
 companies, but rather as a result of the long trend of stated                 
 declines.  For example, the average length of stay for a vaginal              
 delivery was 4 days in 1970, 2.2 days in 1988 and 2 days or less in           
 1993.  This decline is consistent with the decline for other                  
 services which are also due to increasing medical knowledge and               
 advances in the patient care process.  The real issue is how                  
 insurers should cover care that is not medically necessary or is              
 given in an unduly expensive setting such as in the hospital versus           
 the home.  Critics of early discharge programs fail to understand             
 that not paying for unnecessary care or in an unnecessary setting             
 is precisely what enables these insurers to offer the numerous                
 other services that managed care programs provide, such as well-              
 baby, dental and vision programs, all of which most people would              
 want up to a thousand dollar a day extra day's stay in the                    
 hospital.  No one wants a discharge program that jeopardizes the              
 health of the mother or the child.  As he noted earlier, insurance            
 companies would not use early discharge programs if they were not             
 medically safe and if they were not used only when discharge is               
 safe.  As a matter of fact, there is a lack of data to indicate               
 that discharge before 48 hours after a vaginal delivery and before            
 96 hours after a caesarean section delivery is harmful or unsafe to           
 the mother or baby.  Other than isolated anecdotes of early                   
 discharge problems here in Alaska, the advocates of these new                 
 mandates such as proposed in SB 193 have provided no evidence that            
 insurance companies doing business in Alaska are systematically, as           
 a matter of practice, requiring mothers and newborns to be                    
 discharged before they are medically ready to be discharged.  In              
 fact, there is no evidence to suggest how long a hospital maternity           
 stay should be.  No where in medical textbooks or guides will a               
 person find a magic number, such as 48 hours or 96 hours,                     
 mentioned.                                                                    
                                                                               
 MR. EVANS said in summary, HIA believes that the services and                 
 length of hospital stays for mothers and their newborns should be             
 determined on a case-by-case basis and on the medical necessity of            
 both mother and child as determined jointly by the mother and her             
 doctor and not by a legislative decision.  He added that everyone             
 knows that maternity visits or hospital stays are one of the more             
 expensive stays.  On a personal note, his daughter had a caesarean            
 section nearly three years ago.                                               
                                                                               
 TAPE 96-39, SIDE B                                                            
 Number 001                                                                    
                                                                               
 MR. EVANS continued that the hospital bill was a little over $8,800           
 and she and her husband were uninsured at the time.  He added that            
 Bartlett Memorial Hospital has been very good understanding and               
 they are still paying on it.                                                  
                                                                               
 CO-CHAIR TOOHEY asked how long his daughter stayed in the hospital?           
                                                                               
 MR. EVANS responded she was there six days.                                   
                                                                               
 CO-CHAIR TOOHEY, speaking philosophically, said no one wants to               
 pass a mandate; this is very poor legislation in that it's a very             
 poor process for the state to have to go through.  However, there             
 is a necessity for this; it wouldn't be done if this issue wasn't             
 coming to the forefront and needed.  She noted that she had a                 
 personal experience with the delivery of a newborn baby where the             
 parents were given such a hassle for staying one extra day and they           
 were denied by the insurance company.                                         
                                                                               
 MR. EVANS asked if the doctor had deemed it necessary.                        
                                                                               
 CO-CHAIR TOOHEY responded affirmatively.                                      
                                                                               
 MR. EVANS said he couldn't speak to that situation.                           
                                                                               
 CO-CHAIR TOOHEY said if it takes this kind of legislation to save             
 one baby and one mother, then it is important.                                
                                                                               
 Number 057                                                                    
                                                                               
 CO-CHAIR BUNDE said he couldn't speak to Co-Chair Toohey's                    
 experience, but he couldn't imagine a hospital throwing a patient             
 out.  He supposed that if a person said they chose to stay or the             
 doctor requested they stay, the person may have to sign a                     
 promissory note, like he did before he could take his daughter                
 home.                                                                         
                                                                               
 CO-CHAIR TOOHEY commented that when it comes to young parents who             
 don't have the money for an extended stay, generally the mother and           
 newborn infant will leave the hospital.                                       
                                                                               
 MR. EVANS commented that his daughter was 18 at the time and the              
 hospital didn't force her to leave.                                           
                                                                               
 Number 086                                                                    
                                                                               
 REPRESENTATIVE ROBINSON said this legislation does not mandate that           
 everyone stay in the hospital for 48 or 96 hours; it merely states            
 that it would be approved if the doctor and the patient believed it           
 was necessary.                                                                
                                                                               
 MR. EVANS said that's why HIA believes it is unnecessary, because             
 their insurance companies have indicated they already do that.                
                                                                               
 REPRESENTATIVE ROBINSON questioned if that is true, why then did              
 the hospital board of the Bartlett Memorial Hospital come to her              
 and state that it is clearly a problem at Bartlett Memorial.                  
                                                                               
 MR. EVANS said frankly, the hospital has a lot of empty beds and a            
 thousand dollars a day helps pay their bills.                                 
                                                                               
 REPRESENTATIVE ROKEBERG inquired how many insurance companies were            
 in the association represented by Mr. Evans.                                  
                                                                               
 MR. EVANS said about 95 companies and added the top five companies            
 such as Aetna, Principal and others are out of the group, but most            
 of the others are in.                                                         
                                                                               
 REPRESENTATIVE ROKEBERG asked Mr. Evans if he was a member of the             
 Alaska Bar Association?                                                       
                                                                               
 MR. EVANS responded yes.                                                      
                                                                               
 REPRESENTATIVE ROKEBERG said, "Can I ask the same question I asked            
 before about the decision of a doctor where he felt there was a               
 potential for litigation arising out of this set of circumstances,            
 where he may be practicing preventive medicine as a result of this            
 particular law being enacted and choose to allow the patient to               
 stay over another day."                                                       
                                                                               
 MR. EVANS stated he did not do personal injury type work, but he              
 knows of people that do and believes that is a correct answer.  He            
 believes that if a patient advised her doctor that she was not                
 ready to go home, most doctors would give her that extra day.  He             
 realized that insurance companies have to agree, but the insurance            
 companies have told him that it is usually extended if the doctor             
 says it is necessary.                                                         
                                                                               
 REPRESENTATIVE ROKEBERG asked if Mr. Evans was aware of the vacancy           
 rate in hospital beds in the top five hospitals in the state of               
 Alaska.                                                                       
                                                                               
 MR. EVANS said he didn't have that information readily available.             
                                                                               
 CO-CHAIR TOOHEY said that wasn't the point.  The point is - will              
 the insurance company pay for it.  The hospital will absorb that              
 cost one way or another.                                                      
                                                                               
 MR. EVANS interjected, "or pass it on."                                       
                                                                               
 Number 206                                                                    
                                                                               
 CO-CHAIR BUNDE said it had been acknowledged this legislation would           
 probably not impact the rates for the state of Alaska with Aetna,             
 but he questioned how it might impact rates for other insurers in             
 the state.                                                                    
                                                                               
 MR. EVANS said if it is a group policy, generally it is figured in            
 and negotiated over the entire price.  If it is an individual                 
 policy, the individual will pay for each little thing that is in              
 the policy.  If something is mandated, it has to be there rather              
 than make it a mandated offering.  The difference is that if it is            
 mandated, an insurance company has to provide that coverage.  On              
 the other hand, if it is a mandated offering, the purchaser of the            
 policy has the right to select it if they so desire or turn it down           
 if they don't want it, depending on the cost.                                 
                                                                               
 CO-CHAIR BUNDE said in the case of a group policy in which this is            
 mandated, in his opinion 24 hours will become the norm because as             
 Representative Rokeberg had mentioned, there is some liability                
 involved if a patient is sent home earlier and as long as the                 
 insurance company is paying for it, the patient will stay.  He                
 noted however, that insurance companies aren't paying for it - the            
 people who buy the insurance are paying for it and that's why he is           
 curious about the impact on a company that isn't a huge insurer               
 like the state of Alaska.                                                     
                                                                               
 MR. EVANS mentioned that most policies pay 80 percent, so people              
 will pick up 20 percent of the bill anyway, even with the state of            
 Alaska policy.  He said it would have some impact on it but he just           
 couldn't say how much.                                                        
                                                                               
 REPRESENTATIVE ROKEBERG asked if there was anyone available from              
 the Department of Health & Social Services to explain the fiscal              
 note.                                                                         
                                                                               
 Number 322                                                                    
                                                                               
 NANCY WELLER, Division of Medical Assistance, Department of Health            
 & Social Services, said the division operates the Medicaid program            
 which pays for 38 percent of the births in the state of Alaska.               
 She said this bill does not affect the Medicaid program because               
 they are not an insurance company.                                            
                                                                               
 REPRESENTATIVE ROKEBERG asked Ms. Weller to comment on the notation           
 in the fiscal note regarding the potential future impact of this              
 particular legislation if the division entered into managed care              
 type programs.                                                                
                                                                               
 MS. WELLER said there could be some anticipated impact if they                
 entered into a capitated arrangement at some time in the future.              
                                                                               
 REPRESENTATIVE ROKEBERG asked if she had had the opportunity to               
 look at a managed care system to see what the impacts of this type            
 of legislation would be on in-patient hospital stays.                         
                                                                               
 MS. WELLER said she had not.   She added that the Medicaid program            
 currently covers 24 hours for a vaginal birth and 72 hours for a              
 caesarean birth.  There is no pre-certification or authorization,             
 but if the patient needs to stay longer, they call the professional           
 review organization on contract with the division and the attending           
 physician explains the circumstances to the reviewer.  An extended            
 stay is generally tied to medical necessity or often times                    
 transportation problems because the Medicaid program covers so many           
 people from rural Alaska who have to fly in and the discharge time            
 is tied as much as possible with their plane time.                            
                                                                               
 Number 410                                                                    
                                                                               
 CO-CHAIR BUNDE commented that a thousand dollars a day was an                 
 expensive motel while waiting for an airplane.  He inquired as to             
 how long a patient normally has to wait to catch the plane.                   
                                                                               
 MS. WELLER said they usually don't keep people for days, but they             
 may need to stay for an additional half day because there is no               
 transportation to their community until the following day.                    
                                                                               
 CO-CHAIR BUNDE asked Ms. Weller to confirm that 38 percent of the             
 births in Alaska are covered by Medicaid.                                     
                                                                               
 MS. WELLER said that was correct.  She added the Medicaid program             
 covers pregnant women to 133 percent of the poverty level.                    
                                                                               
 CO-CHAIR TOOHEY interjected it was federally mandated.                        
                                                                               
 REPRESENTATIVE ROKEBERG assumed that dealing with such a large                
 number of births and if this legislation were to pass, the division           
 would have to change the guidelines to their utilization reviewer.            
 He questioned if that wouldn't have a fiscal impact on the state in           
 terms of Medicaid?                                                            
                                                                               
 MS. WELLER replied no.  She said the division feels they already              
 meet the requirement of this bill because it requires                         
 hospitalization or other medical care.  She added they cover all              
 pregnant women for 60 days following birth.                                   
                                                                               
 CO-CHAIR BUNDE pointed out that Ms. Weller had said that Medicaid             
 covers a 72-hour stay for a caesarean section, but this legislation           
 calls for 96.                                                                 
                                                                               
 MS. WELLER explained that it requires hospitalization or other                
 medical care; it doesn't require in-patient hospital care.                    
                                                                               
 CO-CHAIR TOOHEY believed that office visits were covered under                
 that.                                                                         
                                                                               
 MS. WELLER interjected it would cover office visits or home health            
 care, whatever the doctor orders.                                             
                                                                               
 CO-CHAIR TOOHEY asked if there were other questions for Ms. Weller.           
 She noted there were two individuals wishing to testify via                   
 teleconference from Fairbanks.                                                
                                                                               
 Number 482                                                                    
                                                                               
 JANET THURSTON testified via teleconference from Fairbanks that               
 based on the testimony given, newspaper articles and discussions              
 with people, she has come to three conclusions.  First, the                   
 problems associated with early discharge are related to poor                  
 management, follow-up and access to health care.  Secondly, this              
 legislation will not reduce infant mortality significantly in                 
 Alaska and finally, this bill as worded will not change discharge             
 criteria.  She said the initial case that prompted similar                    
 legislation in Washington was a case in New Jersey in which a woman           
 had her baby, went home and the baby developed a rash and began               
 throwing up formula.  She called the doctor several times and was             
 reassured that everything was okay.  A nurse was supposed to come             
 to the home, but didn't and within hours her baby died from strep             
 B infection.  Two significant problems with her management were               
 that she was not screened pre-natalist and was not informed to                
 return to the clinic and the visiting nurse program was poorly                
 coordinated.  She said it is important for parents and people to              
 know this information so they understand it was not the time of               
 discharge that created the problem; it was the fact that she didn't           
 know she should return to the hospital or clinic.  Strep B                    
 infection can occur much later than 48 hours after birth.  In fact            
 so can jaundice.  She noted that most babies in Alaska who die do             
 so after 28 days of age.  Alaska infant mortality problem is                  
 associated with the high post-neonatal infant mortality rate that             
 exceeds national levels by 30 percent.  Another issue to consider             
 is the significant problem of (indisc.) drug use.  In 1989, a study           
 at the Fairbanks Memorial Hospital revealed 14 percent of women had           
 illicit drugs in their systems at the time of delivery.  This study           
 when repeated in Anchorage, revealed a 16 percent rate of infants             
 exposed to drugs at birth.  She asked what does that tell you about           
 the needs of mothers and babies in Alaska?  To her, it says the               
 needs are not only in the hospitals, but in the communities as                
 well.  Taxpayers are funding health care for mothers and babies.              
 A majority of care in the Interior is provided by government                  
 sponsored health care - Medicaid funds 50 percent of obstetric                
 patients at Fairbanks Memorial Hospital and Champus funds beds at             
 (indisc.) community hospital and there are many other government              
 employed programs, so the question is "How can these dollars best             
 be spent?"  There are many examples, at (indisc.) hospital,                   
 certified nurse and midwives dropped the caesarean rate from 19               
 percent to 11 percent.  Similarly, birth centers throughout the               
 country were developed as alternatives to home birth and developed            
 the early discharge system we see today, but unfortunately the                
 process was poorly understood by most people.  This early discharge           
 program was never meant for all women.  It emphasizes pre-natal               
 education, risk identification, referral and extensive home care.             
 She questioned why we are willing to pay $1,000 for a day in the              
 hospital, but not $5 on programs such as coordinated home care and            
 pre-natal education.  Hospitals will not develop these programs               
 until they are reimbursed.  She had several recommendations that              
 would be sent to the committee via facsimile.  She concluded that             
 a 24-hour stay in the hospital won't do much good as mothers do not           
 receive the education and support they deserve.  Education should             
 be given pre-natally and continue into home and into the community.           
                                                                               
 CO-CHAIR BUNDE said he shared Ms. Thurston's concerns about                   
 education.  Unfortunately, if it really worked, there would never             
 be a second FAS (fetal alcohol syndrome) birth.                               
                                                                               
 CO-CHAIR TOOHEY asked if there were questions of Ms. Thurston.                
 Hearing none, she asked Pat Senner of Anchorage to testify.                   
                                                                               
 PAT SENNER, Executive Director, Alaska Nurses Association,                    
 testified from Anchorage that at the annual convention of the                 
 Alaska Nurses Association in October 1995, the issue of postpartum            
 length of stay was raised and they decided to do some research to             
 see if it really was a problem in Alaska.  They did identify some             
 problems and a lot of them related to education for mothers.  They            
 found that mothers were not able to get babies to breast feed                 
 properly, so they switched to formulas; mothers did not understand            
 the teaching that is given in the hospitals because it occurs too             
 soon after the child is born; and infants developing problems                 
 postpartum that were not identified quickly.  A hospital stay                 
 should be viewed as a chance to educate people that may be lost in            
 the system later on.  She felt that nurses have a different                   
 definition than that of a physician of what may be medically                  
 necessary.  They believe that patients should have the option of              
 either a 48-hour length of stay or home visits by a maternal child            
 or lactation nurse postpartum.  The early home health programs                
 started at the turn of the century actually had nurses visit every            
 mother in the home, not just particular ones.  She concluded that             
 the Alaska Nurses Association supports CSSB 193(L&C).                         
                                                                               
 CO-CHAIR TOOHEY thanked Ms. Senner for her testimony and asked                
 Scott Calder of Fairbanks to testify.                                         
                                                                               
 Number 765                                                                    
                                                                               
 SCOTT CALDER said this legislation may not be construed to require            
 hospitalization or medical care if the mother and the health care             
 provider agree that it is not necessary, which should address some            
 of the concerns raised about that issue.  He thought it was fairly            
 well known that nurses, midwives and parents are often some of the            
 most important experts in the area of health and well-being of                
 children.  He noted that in 1994 there was a Senate bill that was             
 drafted to put the services of a midwife at the top of the list of            
 services to be cut from Medicaid payments.  It seemed to him that             
 placed a parent in the difficult position of not having the right             
 as a parent to choose to save the state or government money by                
 having Medicaid payments go to what is well known to be a more                
 economical and probably a better quality of service for some cases.           
 He thought this was an adequate piece of legislation, but he                  
 doesn't feel it addresses the other important issues relating to              
 cost of birth.                                                                
                                                                               
 Number 864                                                                    
                                                                               
 CO-CHAIR TOOHEY asked if there was anyone else wishing to testify             
 either via teleconference or in person.  Hearing none, she closed             
 public testimony.  She asked what the wishes were of the committee.           
                                                                               
 CO-CHAIR BUNDE distributed an amendment which would mandate the               
 offering of this coverage rather than mandating the coverage.  The            
 amendment would delete "requiring" and insert "relating to" on page           
 1, line 1;  delete "provide" and insert "offer" on page 1, line 6;            
 and delete "provide" and insert "offer" on page 1, line 10.  He               
 made a motion to adopt Amendment 1.                                           
                                                                               
 REPRESENTATIVE ROBINSON objected for discussion purposes.                     
                                                                               
 CO-CHAIR BUNDE explained that mandating the offering of the                   
 coverage would allow people who are of child bearing age to buy               
 this coverage and people who are celibate wouldn't have to buy the            
 coverage.  It would simply give people the option to purchase this            
 coverage.                                                                     
                                                                               
 REPRESENTATIVE ROKEBERG appreciated the intent of the amendment,              
 but wondered if a mere "offering" versus "provide" the coverage,              
 would allow the insurance company to make the differential within             
 their policy construction to make that an elective?                           
                                                                               
 CO-CHAIR BUNDE said perhaps the insurance representative could                
 speak to that question, but it was his understanding that it would            
 allow the offering of the insurance and if a person wished to take            
 advantage of the offering, the person would then pay premiums.                
                                                                               
 Number 977                                                                    
                                                                               
 SENATOR JUDY SALO, Prime Sponsor, said at first glance she didn't             
 have any problem with the amendment, but she may after further                
 review or discussing it with the Department of Law.  As she                   
 understands the amendment, if maternity coverage is offered under             
 a policy, whether it be an individual or a group policy, then the             
 48 hours and the 96 hours "shall" be provided.                                
                                                                               
 CO-CHAIR BUNDE reiterated he would like to hear Mr. Evans' comments           
 on the amendment.                                                             
                                                                               
 MR. EVANS said this amendment would make it a mandated offering,              
 and as he stated earlier, the insurance companies do not oppose a             
 mandated offering because what that means is, for example, if a               
 male buys an insurance policy, he is covered for a mammogram                  
 whether he wants it or not.                                                   
                                                                               
 Number 1066                                                                   
                                                                               
 REPRESENTATIVE ROBINSON withdrew her objection.                               
                                                                               
 CO-CHAIR TOOHEY asked if there was further objection.  Hearing                
 none, Amendment 1 was adopted.                                                
                                                                               
 Number 1072                                                                   
                                                                               
 CO-CHAIR BUNDE made a motion to pass HCS CSSB 193(HES) out of                 
 committee with attached fiscal notes and individual                           
 recommendations.                                                              
                                                                               
 REPRESENTATIVE ROKEBERG objected for the purpose of comment.                  
 He expressed his concern regarding the zero fiscal note from the              
 Department of Health & Social Services.  His concern relates to the           
 impact on the Medicaid payments from the state and the potential              
 impact on everyday practice of medicine in the state.  Although he            
 appreciated the testimony from the department that we are paying              
 for it already, but the point in fact is, they have some guidelines           
 that Representative Rokeberg believed would have to be adjusted if            
 this bill were to pass.                                                       
                                                                               
 CO-CHAIR TOOHEY asked if there were other comments.                           
                                                                               
 REPRESENTATIVE ROKEBERG withdrew his objection.                               
                                                                               
 CO-CHAIR TOOHEY asked if there were further objections.  Hearing              
 none, HCS CSSB 193(HES) passed from the House HESS Committee.                 
                                                                               
 CO-CHAIR TOOHEY turned the gavel over to CO-CHAIR BUNDE.                      
                                                                               
 CSSB 158(L&C) AM - PHARMACISTS AND PHARMACIES                               
                                                                               
 Number 1198                                                                   
                                                                               
 CO-CHAIR BUNDE announced the next order of business to come before            
 the House HESS Committee was CSSB 158(L&C) am.  He asked Dave                 
 Knight, staff to Senator Mike Miller to present the bill.                     
                                                                               
 DAVE KNIGHT, Researcher for Senator Mike Miller, read the following           
 sponsor statement:  "The passage of this legislation is necessary             
 to keep the practice of pharmacy in Alaska in step with national              
 standards and to afford the public the safety and protection it               
 deserves.                                                                     
                                                                               
 "Current statutes are antiquated and obsolete.  For example,                  
 investigative personnel within the Division of Occupational                   
 Licensing have continually experienced difficulty in investigating            
 and processing complaints against licensed personnel and facilities           
 because of vague, inadequate or nonexistent language regarding                
 unprofessional conduct and disciplinary sanctions.  Many of the               
 statutes are dated from the l970s and do not reflect the current              
 practice of pharmacy or changing nature of the profession.                    
                                                                               
 "Using the Model State Pharmacy Act of the National Association of            
 Boards of Pharmacy as a template, this legislation reflects over              
 four years of work by the pharmacy community and is supported by              
 the Alaska Pharmaceutical Association and the Alaska Board of                 
 Pharmacy."                                                                    
                                                                               
 MR. KNIGHT noted that Chris Corsey, member of the State Pharmacy              
 Association and Barbara Gabier from the Division of Occupational              
 Licensing were available to answer any questions.                             
                                                                               
 REPRESENTATIVE ROKEBERG asked if there was a companion bill in the            
 House?                                                                        
                                                                               
 MR. KNIGHT responded no.                                                      
                                                                               
 Number 1290                                                                   
                                                                               
 CHRIS CORSEY, President, Alaska Board of Pharmacy, said he was also           
 representing the Alaska Pharmaceutical Association and was one of             
 the original authors of the Model State Pharmacy Act.  He echoed              
 Mr. Knight's comments in that the existing statutes and regulations           
 that govern the practice of pharmacy are antiquated.  For example,            
 we require pharmacies to have reference texts which are no longer             
 published, we do not have a definition of the practice of pharmacy            
 in the Pharmacy Practice Act, we do not have a definition of                  
 unprofessional conduct and we don't address the use of pharmacy or            
 recognize the use of pharmacy technicians which is an important               
 trend in the development of pharmacy practice, especially with the            
 effort to contain health care costs.  The current statutes and                
 regulations are a compilation of small pieces of legislation,                 
 mostly dating back to the (indisc.).  He felt this legislation was            
 good for the public and the pharmacists themselves want a higher              
 standard and guideline by which to practice.  This legislation                
 would move the practice of pharmacy into the 1990s and he urged the           
 committee to pass it.  He noted the Division of Occupational                  
 Licensing has recommended some minor changes and as President of              
 the Board of Pharmacy, he supports those changes.                             
                                                                               
 CO-CHAIR BUNDE asked if there was someone available to speak to the           
 changes and pointed out the changes were reflected in the committee           
 substitute before the committee.                                              
                                                                               
 Number 1422                                                                   
                                                                               
 BARBARA GABIER, Program Coordinator, Division of Occupational                 
 Licensing, Department of Commerce & Economic Development, said the            
 changes were minor concerns the division had with the existing                
 wording and the committee substitute before the committee would               
 clarify the wording.  The division fully supports this legislation.           
 She commented she would be happy to go through each of the changes            
 if the committee so desired.                                                  
                                                                               
 CO-CHAIR BUNDE asked if the changes were substantive in nature?               
                                                                               
 MS. GABIER responded no.                                                      
                                                                               
 REPRESENTATIVE ROKEBERG inquired if this legislation had another              
 committee referral.                                                           
                                                                               
 CO-CHAIR BUNDE responded it does not have another committee                   
 referral.                                                                     
                                                                               
 Number 1495                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG moved to adopt HCS CSSB 158, Version 9-               
 LS0525\R, Lauterbach, dated 4/9/96.  Hearing no objection, the                
 House Committee Substitute was adopted.                                       
                                                                               
 Number 1515                                                                   
                                                                               
 REPRESENTATIVE ROBINSON made a motion to pass HCS CSSB 158(HES)               
 with individual recommendations.  Hearing no objection, it was so             
 ordered.                                                                      
                                                                               
 CO-CHAIR BUNDE called an at-ease at 3:31 p.m.  The meeting was                
 called back to order at 3:40 p.m.                                             
                                                                               
 CSSB 259(HES) - COMMISSION ON AGING                                         
                                                                               
 Number 1558                                                                   
                                                                               
 ALISON ELGEE, Deputy Commissioner, Department of Administration,              
 said as a part of her job duties, she sits as the department                  
 designee on the Alaska Commission on Aging.  She said the Alaska              
 Commission on Aging went through a sunset review last summer and              
 autumn under the normal course of business, and the legislative               
 audit group recommended that the commission be eliminated from the            
 sunset review process or alternatively have the commission extended           
 to the year 2003.  The Senate considered this bill and was                    
 uncomfortable with the extension of the commission and adopted a              
 termination date of the year 2000.  She offered to answer questions           
 brought forward by the committee.                                             
                                                                               
 REPRESENTATIVE ROKEBERG asked if this was the one commission in the           
 state that looked after the elderly senior issues?                            
                                                                               
 MS. ELGEE responded yes.  She explained the commission which began            
 in 1981 was called the Older Alaskans Commission.  The name was               
 changed in 1994 and it is a separate review board from the                    
 Pioneers' Home Advisory Board.  There is however, a reciprocal                
 relationship in that the Chair of the Commission on Aging sits on             
 the Pioneers' Home Advisory Board and likewise, the Pioneers' Home            
 Advisory Board Chair sits on the Commission on Aging.  The                    
 Commission on Aging, by statute, has no direct oversight or                   
 responsibility for either the Pioneers' homes or the longevity                
 bonus program.  The commission administers the federal programs               
 that come in under the Older Americans Act.                                   
                                                                               
 REPRESENTATIVE ROKEBERG asked if there was a federal mandate that             
 Alaska have a commission like this?                                           
                                                                               
 MS. ELGEE said there is a federal mandate that Alaska have a                  
 designated unit on aging.  The commission acts underneath that                
 state unit on aging because the entire Division of Senior Services            
 is, in fact, the designated unit.  The commission does the grants             
 administration for the Older Americans Act funds.                             
                                                                               
 REPRESENTATIVE ROKEBERG inquired if the commission were to sunset,            
 would that affect federal funds.                                              
                                                                               
 MS. ELGEE pointed out that if the commission were to be eliminated,           
 Alaska would continue to receive federal funds under the Division             
 of Senior Services, but the department would have to develop a                
 different process than the one currently being used for grant                 
 review and the other programs administered by the commission.                 
                                                                               
 REPRESENTATIVE ROKEBERG wondered if the Executive Director, at a              
 range 23, was necessary because there was a flow of business                  
 activity that needed formal action.                                           
                                                                               
 MS. ELGEE said the commission employs a number of staff; the                  
 Executive Director oversees those staff.  They do the nutrition               
 transportation support services grants, review and monitor the home           
 and community based care grants, which include adult daycare                  
 centers, respite care, care coordination, etc.  She added this is             
 the unit that is, in essence, developing the home and community               
 based long-term care services for the state.                                  
                                                                               
 REPRESENTATIVE ROKEBERG asked if they were grant writers, not                 
 implementers?                                                                 
                                                                               
 MS. ELGEE explained this unit does not write units; they review               
 grant applications coming in from senior centers.                             
                                                                               
 REPRESENTATIVE ROKEBERG said he now understood and affirmed they              
 are the repository for the requests for grants from throughout the            
 state.                                                                        
                                                                               
 MS. ELGEE confirmed that.                                                     
                                                                               
 Number 1800                                                                   
                                                                               
 CO-CHAIR BUNDE asked if there was any further testimony.  Hearing             
 none, he closed public testimony on CSSB 259(HES).                            
                                                                               
 Number 1807                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG moved to pass CSSB 259(HES) out of                    
 committee with accompanying fiscal note and individual                        
 recommendations.  Hearing no objection, it was so ordered.                    
                                                                               
                                                                               
 CO-CHAIR BUNDE announced the next order of business was CSSB 165.             
                                                                               
 CSSB 165(L&C) - PSYCHOLOGISTS & PSYCHOLOGICAL ASSOCIATES                     
                                                                              
 CO-CHAIR BUNDE announced there had been adequate public testimony             
 at previous hearings and closed public testimony at this time.  He            
 asked Representative Rokeberg to present the amendments.                      
                                                                               
 Number 1860                                                                   
                                                                               
 REPRESENTATIVE ROKEBERG said the original HESS committee had                  
 appointed a subcommittee on CSSB 165(HES).  The subcommittee came             
 up with an amendment which addresses some of the questions raised             
 in the committee hearing.  He moved to adopt Amendment 1 for                  
 discussion purposes.                                                          
                                                                               
 REPRESENTATIVE BRICE objected for discussion purposes.                        
                                                                               
 CO-CHAIR BUNDE asked Representative Rokeberg to speak to the                  
 amendment.                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG said, "In the interest of moving this bill            
 along, we did expedite the process and that's why I have permission           
 of the subcommittee members, because of the further referral and I            
 had some conversations with the various people involved in the bill           
 and came up with what I would call consensus changes to the                   
 legislation before us, which is the Version G.  The first part of             
 the amendment relates to page 3, line 10, and this particular                 
 section of the amendment speaks to a concern that was raised about            
 the definition of psychological services.  Previously, in statute,            
 the psychological associate license would specify areas or areas of           
 activities of competency and that would be specified on the                   
 license.  There was testimony that the scope of psychological                 
 services was found in statute, but a review of the statute showed             
 that the definition was for -- to practice psychology, which was              
 all encompassing, and the only statutory definition, which is all             
 encompassing and really related particularly back to a psychologist           
 which is different, as we know from the testimony, than a                     
 psychological associate."  It was pointed out that existing                   
 regulations 12 AAC 60.185, subsection (b) states, "The standards to           
 be adhered to a licensed psychologist and licensed psychological              
 associates rendering psychological services in the state are                  
 `general guidelines for the providers of psychological services'              
 1987 edition of the American Psychological Association.  General              
 guidelines for providers of psychological services is incorporated            
 by reference in this section."  He explained that by adding the               
 words, "as defined in regulation" adopts the reference in                     
 regulations which define the differential between a licensed                  
 psychologist and a licensed psychological associate.  Therefore,              
 the scope of work is more readily defined.                                    
                                                                               
 REPRESENTATIVE ROKEBERG said the second part of the amendment is              
 more substantive in form.                                                     
                                                                               
 CO-CHAIR TOOHEY asked if there would be any reason to add "and                
 billed as such" following the insertion of "as defined in                     
 regulation."  She said the amendment defines the difference between           
 a psychologist and a psychological associate and it all comes down            
 to the fee for service.                                                       
                                                                               
 REPRESENTATIVE ROKEBERG said he wasn't sure this section spoke to             
 that.                                                                         
                                                                               
 TAPE 96-40, SIDE A                                                            
 Number 001                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG said he appreciated Co-Chair Toohey's                 
 position, but the scope of the work done by the subcommittee in the           
 time frame, really didn't speak to that particular issue and it               
 wasn't the intent of this amendment.  The second part of the                  
 amendment page 3, line 13, which deletes "and (2)." and inserts               
 ",(2) and (4)." has a major substantive affect on this bill.  He              
 referred to page 3, lines 1 and 2, which states, "(4) takes and               
 passes the objective examination developed or approved by the board           
 for psychological associates."  He explained that by inserting (4)            
 into Section 6, it mandates that a person would have take and pass            
 an examination in order to receive a temporary license, which is              
 substantially different than the version of the bill that came                
 before the committee.  The rationale is that, particularly given              
 the shortening of the period of supervision to a two year period,             
 a person has to pass an examination after graduating from an                  
 accredited university, but before going into the public sector as             
 a psychological associate.  Also, depending on what university                
 attended, a person may not have the proper academic background to             
 meet the requirements, so taking an examination is he feels the               
 responsibility of the state in determining the educational                    
 background of the individual with a state license.  It was his                
 understanding that the people who support this legislation, also              
 support this amendment.                                                       
                                                                               
 Number 198                                                                    
                                                                               
 REPRESENTATIVE BRICE withdrew his objection.                                  
                                                                               
 CO-CHAIR BUNDE asked if there was further objection to Amendment 1.           
 Hearing none, Amendment 1 was adopted.  He asked for the wishes of            
 the committee.                                                                
                                                                               
 Number 228                                                                    
                                                                               
 REPRESENTATIVE ROKEBERG moved CSSB 165(L&C), Version G, as amended            
 with attached fiscal notes and individual recommendations.  Hearing           
 no objection, it was so ordered.                                              
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 CO-CHAIR BUNDE adjourned the House Health, Education, and Social              
 Service Committee meeting at 3:53 p.m.                                        
                                                                               

Document Name Date/Time Subjects