Legislature(1997 - 1998)

05/08/1997 03:07 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                                  
                          May 8, 1997                                          
                           3:07 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Con Bunde, Chairman                                            
 Representative Joe Green, Vice Chairman                                       
 Representative Al Vezey                                                       
 Representative Brian Porter                                                   
 Representative Fred Dyson                                                     
 Representative J. Allen Kemplen                                               
 Representative Tom Brice                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 Representative Al Vezey                                                       
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 *HOUSE BILL NO. 219                                                           
 "An Act relating to chiropractic health care services provided by             
 a health maintenance organization."                                           
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 219                                                               
 SHORT TITLE: CHIROPRACTIC CARE BY HMO                                         
 SPONSOR(S): REPRESENTATIVE(S) KOTT                                            
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 04/01/97       897    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 04/01/97       897    (H)   HES                                               
 05/08/97              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 NICOLE POIRRIER, Student Intern                                               
    for Representative Kott                                                    
 Alaska State Legislature                                                      
 Capitol Building, Room 204                                                    
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-3777                                                    
 POSITION STATEMENT:  Provide sponsor statement for HB 219                     
                                                                               
 MITCHELL D. GRAVO, Lobbyist                                                   
 Alaska Chiropractic Society                                                   
 170 Botanical Circle                                                          
 Anchorage, Alaska  99515                                                      
 Telephone:  (907) 244-2884                                                    
 POSITION STATEMENT:  Testified in support of HB 219                           
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-44, SIDE A                                                            
 Number 0000                                                                   
                                                                               
 CHAIRMAN CON BUNDE called the House Health, Education and Social              
 Services Standing Committee meeting to order at 3:07 p.m.  Members            
 present at the call to order were Representatives Bunde, Green,               
 Porter and Dyson.  Representatives Brice and Kemplen arrived at               
 3:11 p.m. and 3:13 p.m., respectively.  Representative Vezey was              
 absent.                                                                       
 HB 219 - CHIROPRACTIC CARE BY HMO                                           
                                                                               
 Number 0014                                                                   
                                                                               
 CHAIRMAN BUNDE announced that committee would hear HB 219, "An Act            
 relating to chiropractic health care services provided by a health            
 maintenance organization."                                                    
                                                                               
 Number 0053                                                                   
                                                                               
 NICOLE POIRRIER, Student Intern for Representative Kott, said that            
 HB 219 will allow Alaskans to choose chiropractic services                    
 notwithstanding the positions of their health maintenance                     
 organizations or gatekeepers.  This bill will give Alaskans the               
 right to choose their own initial treatment for their health                  
 services.  Health Maintenance Organizations (HMO's) attempt to                
 control the cost of health care by requiring all participants to              
 initially go through a gatekeeper.  A gatekeeper is usually a                 
 medical doctor or a registered nurse who listens to the health                
 complaint and refers the enrollee to the appropriate health care              
 provider.  There has been a long-standing animosity between                   
 traditional Western medicine and the chiropractic profession.  This           
 animosity has improved in recent years, but a prejudice still                 
 exists.  Many times a gatekeeper will not refer a patient to a                
 chiropractor even if the HMO plan covers chiropractic services and            
 even if such a referral would be the most effective means of                  
 solving the health complaint.                                                 
                                                                               
 MS. POIRRIER stated that the bill addresses the issue of fairness.            
 It would require that an HMO allow their clients to self-refer to             
 a chiropractor, thus guaranteeing a patient's right to choose these           
 types of services.  It also contains language stipulating that an             
 HMO cannot limit a health care provider from disclosure of                    
 information to a patient regarding their condition or treatment               
 options.  At this time, there are no HMO's operating in Alaska, but           
 this bill is being introduced in order to assure fairness and                 
 access in the future.                                                         
                                                                               
 Number 0177                                                                   
                                                                               
 CHAIRMAN BUNDE clarified that there are no HMO's in the state of              
 Alaska and that this bill would be considered pre-emptive                     
 legislation.  He asked if there are other fields of treatment that            
 would also prefer not to go through a gatekeeper.  He questioned              
 whether or not the legislature would be setting up a special                  
 privilege for chiropractors.                                                  
                                                                               
 Number 0234                                                                   
                                                                               
 MITCHELL D. GRAVO, Lobbyist, Alaska Chiropractic Society, answered            
 that the chiropractic profession has been tracking their experience           
 within the HMO system.  He mentioned that chiropractors fall into             
 a category of practitioners who would experience the same type of             
 prejudice.  He thought that instead of waiting until there is a               
 problem in Alaska with HMO's not referring chiropractors, it was              
 better to have legislation such as HB 219 to address the problem              
 now, when there would be little opposition.                                   
                                                                               
 Number 0368                                                                   
                                                                               
 REPRESENTATIVE JOE GREEN repeated the question of whether this type           
 of legislation would lead to the exemption of other types of                  
 treatment from having to go through a gatekeeper.                             
                                                                               
 Number 0414                                                                   
                                                                               
 MR. GRAVO answered no, unless HB 219 was amended to include the               
 other types of treatment.                                                     
                                                                               
 REPRESENTATIVE GREEN suggested that other types of practitioners              
 might use this type of legislation to allow them to avoid the HMO             
 gatekeeper.                                                                   
                                                                               
 Number 0414                                                                   
                                                                               
 MR. GRAVE stated that if he was representing those other interests,           
 he would use that argument, the self-referral argument.  The person           
 who is going to receive the treatment should make the decision                
 about what kind of health care it is, not some large organization.            
                                                                               
 Number 0441                                                                   
                                                                               
 CHAIRMAN BUNDE commented that HMO's put side boards on treatment to           
 save money.  The state can decide to allow those type of side                 
 boards or can choose not to allow HMO's to come into the state.               
                                                                               
 Number 0475                                                                   
                                                                               
 REPRESENTATIVE BRIAN PORTER felt that HB 219 was a balanced                   
 approach.  It allows 30 days of treatment and if the treatment                
 period extends past that, then there is a check and balance by the            
 organization.                                                                 
                                                                               
 Number 0490                                                                   
                                                                               
 CHAIRMAN BUNDE announced that this is the first time HB 219 has               
 been heard and it would be held for further discussion.  He took a            
 brief at ease at 3:14 p.m. which reconvened at 3:16 p.m.  He said             
 the committee might work on the foundation formula over the summer            
 and suggested that the committee take HB 215 and HB 216 back to               
 their district.                                                               
                                                                               
 Number 0571                                                                   
                                                                               
 REPRESENTATIVE DYSON stated that he would be working on Fetal                 
 Alcohol Syndrome issues this summer and that he would keep the                
 chair apprised of his work.                                                   
 Number 0590                                                                   
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to conduct, CHAIRMAN BUNDE                    
 adjourned the meeting of the House Health, Education and Social               
 Services Standing Committee at 3:18 p.m.                                      
                                                                               

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