Legislature(2013 - 2014)CAPITOL 106

03/14/2013 03:00 PM House HEALTH & SOCIAL SERVICES


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03:33:43 PM Start
03:34:31 PM Confirmation Hearing(s): Alaska State Medical Board
03:57:51 PM Presentation: Affordable Care Act
05:01:22 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 3:30 pm Today --
+ Presentation: Affordable Care Act by Deborah TELECONFERENCED
Erickson, Alaska Health Care Commission and Josh
Applebee, Dept. of Health & Social Services
+ Confirmation Hearing: TELECONFERENCED
State Medical Board
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
      HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                     
                         March 14, 2013                                                                                         
                           3:33 p.m.                                                                                            
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Pete Higgins, Chair                                                                                              
Representative Wes Keller, Vice Chair                                                                                           
Representative Benjamin Nageak                                                                                                  
Representative Lance Pruitt                                                                                                     
Representative Lora Reinbold                                                                                                    
Representative Paul Seaton                                                                                                      
Representative Geran Tarr                                                                                                       
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S):                                                                                                        
                                                                                                                                
Alaska State Medical Board                                                                                                    
                                                                                                                                
     Kevin Luppen - Wasilla                                                                                                     
     Casey Millar - Anchorage                                                                                                   
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PRESENTATION: AFFORDABLE CARE ACT                                                                                               
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
KEVIN LUPPEN, Appointee                                                                                                         
Alaska State Medical Board                                                                                                      
Wasilla, Alaska                                                                                                                 
POSITION STATEMENT:  Spoke as an appointee to the State Medical                                                               
Board.                                                                                                                          
                                                                                                                                
KATHLEEN (CASEY) MILLAR, Appointee                                                                                              
Alaska State Medical Board                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:   Spoke as an appointee to  the State Medical                                                             
Board.                                                                                                                          
                                                                                                                                
DEBORAH ERICKSON, Executive Director                                                                                            
Alaska Health Care Commission                                                                                                   
Office of the Commissioner                                                                                                      
Department of Health and Social Services                                                                                        
Anchorage, Alaska                                                                                                               
POSITION   STATEMENT:      Presented  a   PowerPoint,   "Overview                                                             
Affordable Care  Act," during discussion  of the  Affordable Care                                                               
Act.                                                                                                                            
                                                                                                                                
JOSH APPLEBEE, Health Policy                                                                                                    
Office of the Commissioner                                                                                                      
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Testified during  the presentation  on the                                                             
Affordable Care Act.                                                                                                            
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:33:43 PM                                                                                                                    
                                                                                                                                
CHAIR PETE  HIGGINS called the  House Health and  Social Services                                                             
Standing   Committee    meeting   to    order   at    3:33   p.m.                                                               
Representatives  Higgins,  Reinbold,   Pruitt,  and  Keller  were                                                               
present at  the call to  order.  Representatives  Nageak, Seaton,                                                               
and Tarr arrived as the meeting was in progress.                                                                                
                                                                                                                                
^CONFIRMATION HEARING(S): Alaska State Medical Board                                                                          
                    CONFIRMATION HEARING(S):                                                                                
                   Alaska State Medical Board                                                                               
                                                                                                                              
3:34:31 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  announced that the  first order of  business would                                                               
be the confirmation hearings for  the Alaska State Medical Board.                                                               
He clarified  that signing the confirmation  committee report did                                                               
not reflect  the intent of  any member  of the committee  to vote                                                               
for  or against  an individual  in any  further sessions  for the                                                               
purpose of confirmation.                                                                                                        
                                                                                                                                
3:35:19 PM                                                                                                                    
                                                                                                                                
KEVIN  LUPPEN, Appointee,  Alaska State  Medical Board,  detailed                                                               
his background as  a physician assistant for more  than 30 years.                                                               
He said that he first came to Alaska  in 1975, as a member of the                                                               
Air Force.   He reported that  he had worked in  various areas of                                                               
Alaska, including  the Aleutians  and the  North Slope,  for both                                                               
corporations  and Native  organizations.   He expressed  that his                                                               
interest for  the State Medical  Board had derived from  his work                                                               
in the  bush, in order to  ensure that there was  quality medical                                                               
delivery in the rural areas.                                                                                                    
                                                                                                                                
3:37:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked what  was the biggest  concern for                                                               
the  future of  health care  in  Alaska and  how did  he plan  to                                                               
address this.                                                                                                                   
                                                                                                                                
MR.  LUPPEN, in  response to  Representative Reinbold,  said that                                                               
there  were constant  challenges for  attracting and  maintaining                                                               
quality  providers, especially  in the  bush.   He detailed  that                                                               
many of the  issues were for the length of  the contract, lack of                                                               
support,  and time  off.   He  opined that  the key  was to  draw                                                               
quality people  and to address  a way to  keep them on-site.   He                                                               
declared that the  initial draw to Alaska  was salary, especially                                                               
for mid-level  providers, but that  this was no longer  the case.                                                               
He declared the  necessity to attract quality  providers, to give                                                               
them the  necessary support, and  to ensure they "are  vetted and                                                               
quality people to deliver health care in the rural areas."                                                                      
                                                                                                                                
3:39:04 PM                                                                                                                    
                                                                                                                                
CHAIR  HIGGINS asked  what  work  Mr. Luppen  had  done with  the                                                               
state.                                                                                                                          
                                                                                                                                
MR. LUPPEN, in  response, said that he had worked  in the eastern                                                               
Aleutians  region, southcentral  Alaska, and  other areas  around                                                               
the state.                                                                                                                      
                                                                                                                                
3:39:44 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  asked about the work  Mr. Luppen did with  the oil                                                               
and gas industry.                                                                                                               
                                                                                                                                
MR.  LUPPEN,  in response,  stated  that  he  was a  health  care                                                               
provider and had served on  local health boards in the Aleutians,                                                               
assisting  with delivery  of the  best  health care  system.   In                                                               
response  to Chair  Higgins,  he  said that  he  was a  physician                                                               
assistant, licensed in the State of Alaska.                                                                                     
                                                                                                                                
3:41:06 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS opened public testimony.                                                                                          
                                                                                                                                
3:41:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  NAGEAK  moved  to advance  the  confirmation  for                                                               
Kevin Luppen from  the House Health and  Social Services Standing                                                               
Committee  to the  joint  session  of the  House  and Senate  for                                                               
consideration.   There being no  objection, the  confirmation was                                                               
advanced.                                                                                                                       
                                                                                                                                
3:42:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  clarified that each member's  signature on                                                               
the committee  report would in  no way reflect the  member's vote                                                               
during the joint floor session.                                                                                                 
                                                                                                                                
3:42:33 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS moved to the next confirmation.                                                                                   
                                                                                                                                
KATHLEEN (CASEY)  MILLAR, Appointee, Alaska State  Medical Board,                                                               
explained that  her choice  to serve on  the State  Medical Board                                                               
had arisen from  the recommendation of another  board member, who                                                               
had suggested  that she would  be a  good addition to  the board.                                                               
She stated  that her  first term  on the board  had been  a great                                                               
experience,  and she  opined  that  it was  important  to have  a                                                               
public  member on  the board.   She  declared the  importance for                                                               
board longevity, hence her willingness to serve a second term.                                                                  
                                                                                                                                
3:44:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked about her current  employment as a                                                               
nutritionist for the Anchorage School District.                                                                                 
                                                                                                                                
MS.  MILLAR,  in  response,  said  that she  had  been  with  the                                                               
district  for five  years,  but  was no  longer  with the  school                                                               
district.   She  stated  that  she was  now  running  a store  in                                                               
Anchorage.                                                                                                                      
                                                                                                                                
3:44:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD,  expressing  her  concern  with  school                                                               
nutrition, stated  that there had  been home cooked  meals during                                                               
her attendance at public school.   She enquired about the lack of                                                               
emphasis on  "fresh, good quality  food in our cafeterias  in our                                                               
schools," and asked Ms. Millar for her thoughts.                                                                                
                                                                                                                                
MS.  MILLAR  expressed her  agreement,  stating  that it  "was  a                                                               
constant frustration," and that the  school food was "somewhat of                                                               
a  government subsidy,  and so  it  is a  little bit  out of  the                                                               
control  of the  individual  schools unless  they  are a  private                                                               
school."   She allowed that  the food  had gotten better,  as the                                                               
soda  machine drinks  had been  replaced with  water and  vitamin                                                               
energy  drinks.   She  pointed  out  that  there were  now  fresh                                                               
vegetables  and  fresh fruits  being  served,  especially at  the                                                               
provisional schools.                                                                                                            
                                                                                                                                
3:46:46 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS  asked how  often the  State Medical  Board members                                                               
met during her first term on the board.                                                                                         
                                                                                                                                
MS.  MILLAR  replied  that  the  board  members  met  four  times                                                               
annually,  with teleconferences  more often,  if necessary.   She                                                               
declared, as she  had no medical background, that it  took her "a                                                               
while to get up to speed"  and to feel comfortable.  She reported                                                               
that  the   health  care  providers   on  the  board   were  very                                                               
supportive,  and  she  reiterated  that  longevity  is  important                                                               
because the  board is  still addressing  issues that  precede her                                                               
time on  the board.  Therefore,  having some history of  what has                                                               
happened is  really valuable.   She said  that the  Federation of                                                               
State Medical Boards was also helpful,  as it met once a year and                                                               
had  sessions for  public members.   She  declared that  this had                                                               
been  very   valuable  to  her   for  learning  the   duties  and                                                               
responsibilities of a public member.                                                                                            
                                                                                                                                
3:49:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD suggested  that  a home  economics or  a                                                               
culinary arts program  could help the school  lunch programs, and                                                               
she asked Ms. Millar for any suggestions.                                                                                       
                                                                                                                                
MS. MILLAR expressed her agreement,  and noted that University of                                                               
Alaska  Anchorage (UAA)  had a  culinary department  which taught                                                               
cooking and  supplied meals.   She offered her belief  that there                                                               
were  cost effective  ways to  offer  the program  in the  public                                                               
schools, and  she suggested that,  as more attention  was brought                                                               
for the  lack of nutrition  to food currently being  served, this                                                               
would "bring new ideas to light."                                                                                               
                                                                                                                                
3:51:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TARR, noting that Ms.  Millar was a volunteer host                                                               
for weekly  staff meetings for  "Young Life Alaska,"  asked about                                                               
her community  service activities.   She questioned  whether some                                                               
of  the "fairly  controversial  practices  by the  organization,"                                                               
which included  requirements of staff  and the statement  of non-                                                               
negotiables, would  interfere with Ms. Millar's  unbiased service                                                               
on the State Medical Board.                                                                                                     
                                                                                                                                
MS.  MILLAR said  that although  her son  was the  Anchorage area                                                               
director for  Young Life,  she did  not see how  that would  be a                                                               
conflict or  cause any adverse  effect to the health  and medical                                                               
community.   She asked  Representative Tarr  for a  more specific                                                               
question which she would answer.                                                                                                
                                                                                                                                
REPRESENTATIVE  TARR  pointed  out   that  there  were  difficult                                                               
decisions  to  be  made  by  the State  Medical  Board,  and  she                                                               
expressed appreciation  that Ms. Millar had  publicly stated that                                                               
there would not be any conflicts.                                                                                               
                                                                                                                                
MS. MILLAR  replied that she did  not see how there  could be any                                                               
conflicts,  pointing out  that  she  was only  one  voice on  the                                                               
voting board.                                                                                                                   
                                                                                                                                
REPRESENTATIVE REINBOLD  asked Ms. Millar  if her son  was Trevor                                                               
Millar, who  she declared  to be "a  fabulous individual  and has                                                               
been  an incredible  role  model  to my  son."    She shared  her                                                               
enthusiasm for Young Life.                                                                                                      
                                                                                                                                
3:54:18 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS opened  public testimony.  Hearing  none, he closed                                                               
public testimony.                                                                                                               
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to advance  the  confirmation  for                                                               
Casey Millar from  the House Health and  Social Services Standing                                                               
Committee  to the  joint  session  of the  House  and Senate  for                                                               
consideration.   There being no  objection, the  confirmation was                                                               
advanced.                                                                                                                       
                                                                                                                                
3:54:58 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 3:54 p.m. to 3:57 p.m.                                                                       
                                                                                                                                
^Presentation: Affordable Care Act                                                                                            
               Presentation: Affordable Care Act                                                                            
                                                                                                                              
3:57:51 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS announced that the  next order of business would be                                                               
a presentation on the Affordable Care Act.                                                                                      
                                                                                                                                
3:58:59 PM                                                                                                                    
                                                                                                                                
DEBORAH   ERICKSON,  Executive   Director,  Alaska   Health  Care                                                               
Commission, Office of the Commissioner,  Department of Health and                                                               
Social Services,  said that she  would talk about  the highlights                                                               
of  the Patient  Protection and  Affordable Care  Act during  the                                                               
PowerPoint,   "Overview  Affordable   Care  Act,"   [Included  in                                                               
members'  packets] and  would ask  that Mr.  Applebee answer  any                                                               
questions regarding the interpretation  and implementation of the                                                               
act in Alaska.                                                                                                                  
                                                                                                                                
4:00:00 PM                                                                                                                    
                                                                                                                                
JOSH  APPLEBEE,  Health  Policy,   Office  of  the  Commissioner,                                                               
Department  of Health  and Social  Services, said  that he  would                                                               
appreciate for the committee to  hold its questions until the end                                                               
of the presentation.                                                                                                            
                                                                                                                                
4:00:18 PM                                                                                                                    
                                                                                                                                
MS.  ERICKSON introduced  slide 3,  "Federal Health  Reform Law,"                                                               
stating  that this  major law  was enacted  in March  2010.   She                                                               
explained   that   there  were   10   Titles   within  the   act,                                                               
acknowledging that  many people  had commented  that the  act was                                                               
more about  health insurance reform  than health care  reform, as                                                               
most of  the major provisions  addressed the expansion  of health                                                               
care coverage  and insurance.   She said that the  overview would                                                               
center on the major functional pieces of the act.                                                                               
                                                                                                                                
4:02:09 PM                                                                                                                    
                                                                                                                                
MS.  ERICKSON  moved  on  to   slide  4,  "Health  Care  Coverage                                                               
Strategies," a graph illustrating  the strategies for health care                                                               
coverage, which  she listed:   private insurance  market reforms,                                                               
individual and  employer mandates, subsidies for  individuals and                                                               
small  businesses,  a health  insurance  exchange  to provide  an                                                               
electronic  marketplace for  insurance  shopping and  purchasing,                                                               
and the Medicaid expansion.                                                                                                     
                                                                                                                                
4:03:07 PM                                                                                                                    
                                                                                                                                
MS. ERICKSON  directed attention to slide  5, "Individual Mandate                                                               
&  Subsidies," and  stated that  the individual  mandate required                                                               
all individuals  to have a  qualified health  plan, or pay  a tax                                                               
penalty.   She relayed  that this  requirement would  take effect                                                               
for the  2014 tax year, after  being phased in over  three years,                                                               
and that  the penalty was  either $95 per  person per year,  or 1                                                               
percent  of   the  household   income,  whichever   was  greater,                                                               
increasing  to  $695 per  person  per  year,  or 2.5  percent  of                                                               
household  income, by  2016.    She noted  that  the penalty  for                                                               
children was  half that  of adults  and that there  was a  cap on                                                               
family  penalties.   She  reported  that  there were  exemptions,                                                               
including a  religious exemption;  an American Indian  and Alaska                                                               
Native exemption, as there was  an assumption of access to Indian                                                               
Health  Service benefits;  and, a  financial hardship  exemption.                                                               
She declared  that there  were subsidies  and federal  funding to                                                               
assist   with   the   purchase  of   insurance   for   low-income                                                               
individuals, those  people with  incomes between 133  percent and                                                               
400 percent  of the federal  poverty level.   She noted  that the                                                               
amount of subsidy varied between regions and income levels.                                                                     
                                                                                                                                
4:05:22 PM                                                                                                                    
                                                                                                                                
MS. ERICKSON  pointed to slide  6, "Employer Mandate  & Subsidy,"                                                               
and  explained that  the employer  mandate applied  to businesses                                                               
that had  50 or  more full  time employees,  working 30  hours or                                                               
more  each week.   She  noted that  the associated  penalty could                                                               
apply even  to a  business that  did supply  insurance.   The way                                                               
that this  provision had been  worded, the employer that  did not                                                               
offer  coverage,  must pay  a  penalty  of  $2000 per  full  time                                                               
employee per year after an  exemption for the first 30 employees.                                                               
She said that  this was only if one or  more employees received a                                                               
subsidy through the  exchange.  She noted that  an individual was                                                               
not  eligible for  a  subsidy if  there  was insurance  coverage,                                                               
which met  certain standards,  available through  their employer.                                                               
She reported  that an employee's  share of the  insurance premium                                                               
could  not exceed  9.5 percent  of their  household income.   She                                                               
said there  was also a  subsidy for  businesses with 25  or fewer                                                               
full time  employees, although there  were caveats with  this, as                                                               
well.   She offered examples  of how different provisions  of the                                                               
Affordable Care Act  applied in different ways,  depending on the                                                               
size of the business.                                                                                                           
                                                                                                                                
4:08:19 PM                                                                                                                    
                                                                                                                                
MS.  ERICKSON shared  slide 7,  "Health Insurance  Exchange," the                                                               
electronic market place for purchasing  insurance.  She said that                                                               
these exchanges  were to  be a  state-based electronic  site, but                                                               
that  multiple  states could  together  form  a health  insurance                                                               
exchange.   She  explained that  there was  an opt-out  provision                                                               
which required a federal exchange for  any state that did not set                                                               
up an exchange.   She said that the insurance  exchange was to be                                                               
operational  by October,  2013,  in order  to  enroll people  for                                                               
2014.   One  requirement was  for the  state exchange  program to                                                               
have an  interface with  the state  Medicaid for  eligibility and                                                               
enrollment.   She noted that  the health insurance  exchanges had                                                               
to be self-sustaining by 2015.                                                                                                  
                                                                                                                                
4:10:07 PM                                                                                                                    
                                                                                                                                
MS. ERICKSON  reviewed slide 8, "Medicaid  Expansion," explaining                                                               
that the state  had the option to expand  eligibility to Medicaid                                                               
for those  individuals who  had income under  138 percent  of the                                                               
federal poverty level, and that  the federal government would pay                                                               
100 percent  of the  medical claim portion  until 2017,  at which                                                               
time the  state share would phase  in to a maximum  of 10 percent                                                               
by 2020.   She referenced the recent Supreme  Court decision that                                                               
had allowed states  to make the Medicaid expansion  an option, as                                                               
it  had been  determined to  be  overly coercive  by the  federal                                                               
government  to  require  the  expansion.     She  affirmed  that,                                                               
although  the   federal  government  clarified  that   a  partial                                                               
expansion of Medicaid was not  allowed, there was no deadline for                                                               
the expansion decision,  so states had the  option to discontinue                                                               
the expansion  at a later date.   She mentioned that  the law had                                                               
shifted   the  methodology   for  eligibility   determination  to                                                               
modified adjusted  gross income,  which would have  a significant                                                               
impact  on  all  the  state  Medicaid programs,  in  2014.    She                                                               
observed  that states  were  required  to coordinate  eligibility                                                               
determination with the Health Insurance Exchange.                                                                               
                                                                                                                                
4:13:24 PM                                                                                                                    
                                                                                                                                
MS.  ERICKSON  indicated slide  9,  "Payment  Reform," and  spoke                                                               
about provisions which were intended  to drive reform for the way                                                               
health   care  services   were  delivered.     She   listed  many                                                               
provisions,  some  of which  were  changes  for Medicare  payment                                                               
services, and some demonstration  projects for Medicaid programs.                                                               
She mentioned there were also  some multi-payer initiatives which                                                               
encouraged  states  to  partner  the Medicaid  and  the  Medicare                                                               
programs  with  private  insurance   companies.    These  payment                                                               
reforms  were   designed  to  drive  the   usual  fee-for-service                                                               
mechanism toward a payment for outcomes and value.                                                                              
                                                                                                                                
4:14:42 PM                                                                                                                    
                                                                                                                                
MS. ERICKSON considered slide 10,  "How the Act Pays for Itself,"                                                               
and spoke  about the savings  through payment  reform provisions,                                                               
and  fraud and  abuse  provisions.   She  noted  that there  were                                                               
limits to the increase of Medicare  rates, as well as a series of                                                               
"New Fees  & Taxes," slide  11.  She said  that most of  the fees                                                               
and taxes would be taking effect in  2013.  She listed the tax on                                                               
indoor  tanning,  and  the  annual   fee  on  the  pharmaceutical                                                               
industry as already having been  implemented; whereas, the tax on                                                               
some medical devices,  and the Medicare payroll  tax increase for                                                               
high  income  individuals  and unearned  income  would  all  take                                                               
effect in  2013.  She reported  that an $8 billion  annual tax on                                                               
the health insurance industry would  take effect in 2014; and, in                                                               
2018, an  excise tax on  high value employer  sponsored insurance                                                               
plans would also go into effect.                                                                                                
                                                                                                                                
4:17:05 PM                                                                                                                    
                                                                                                                                
MS. ERICKSON provided  slide 12, "Alaska Impact  2019," which was                                                               
calculated  by  an  Institute of  Social  and  Economic  Research                                                               
(ISER) study for the net increase  in health care spending by the                                                               
federal government,  and the  high level  economic impact,  up to                                                               
$700 million  in Alaska.   She noted that the  federal government                                                               
would also collect more than $500 million in taxes in Alaska.                                                                   
                                                                                                                                
4:18:37 PM                                                                                                                    
                                                                                                                                
MS.  ERICKSON  indicated slides  13  -  14, "Legal  Challenges  &                                                               
Political  Realities," noting  the  significance  of the  Supreme                                                               
Court Ruling  in June, 2012,  as it upheld  the constitutionality                                                               
of  the individual  mandate, but  limited the  Medicaid expansion                                                               
and made it an option for  states.  She offered an anecdote about                                                               
the  roles   of  state  governments  in   implementation  of  the                                                               
Affordable Care Act and the subsequent political ramifications.                                                                 
                                                                                                                                
4:21:32 PM                                                                                                                    
                                                                                                                                
MS. ERICKSON  furnished slide 15,  "Legal Challenges  & Political                                                               
Realities," and stated that the  federal budget constraints which                                                               
resulted  in the  Fiscal Cliff  and  the March  1 sequester  were                                                               
having some  effect on the  Affordable Care  Act.  She  said that                                                               
the  Co-Op   program,  a  consumer  operated   non-profit  health                                                               
insurance  plan,   had  its  not-yet-awarded   available  funding                                                               
eliminated, and  that Title VIII,  the CLASS Act which  created a                                                               
new,  public,   long  term  care  insurance   program,  was  also                                                               
repealed.    She  listed  other   examples  of  provisions  which                                                               
affected  the health  care industry  with direct  impacts to  the                                                               
Affordable Care Act.                                                                                                            
                                                                                                                                
4:22:58 PM                                                                                                                    
                                                                                                                                
MS.  ERICKSON  presented  slide 16,  "Federal  Implementation  to                                                               
Date," and  highlighted that  four new  federal offices  had been                                                               
established,  as  well  as  the   establishment  of  new  boards,                                                               
commissions, committees,  and regulations.   She noted  that many                                                               
grants had also been awarded.                                                                                                   
                                                                                                                                
MS. ERICKSON shared slides 17 -  19, "Summary of December 2012 to                                                               
March  2013  Updates,"  which summarized  the  changes,  impacts,                                                               
regulations,  and guidance  documents  during  that time  period.                                                               
Concluding with slides 20 -  21, "Timeline," she highlighted that                                                               
a   number  of   private  insurance   market  reforms   had  been                                                               
implemented in 2010, and that  the grants and planning activities                                                               
were also quickly  available.  She reported  that the cornerstone                                                               
pieces  of  the  Affordable  Care Act,  Medicaid  expansion,  the                                                               
Health Insurance Exchange, and the  mandates and subsidies, would                                                               
all  take  effect  in 2014,  while  additional  provisions  would                                                               
continue to take effect all the way into 2018.                                                                                  
                                                                                                                                
4:26:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked to clarify that  the Affordable Care                                                               
Act was dealing more with insurance,  and not as much with health                                                               
care.   He asked if  the overview  emphasis of the  Alaska Health                                                               
Care  Commission had  been  for access  and  payment, instead  of                                                               
health.                                                                                                                         
                                                                                                                                
MS.  ERICKSON,   in  response,  said  that   the  commission  had                                                               
attempted  to  track  all  of   the  provisions.    She  directed                                                               
attention  to   the  commission's  website,  which   contained  a                                                               
detailed  overview  of  the  Affordable  Care  Act,  as  well  as                                                               
provisions  in which  the  state and  health  care providers  had                                                               
participated.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON offered  his  belief  that the  Affordable                                                               
Care Act  was simply about paying  for access to care.   He asked                                                               
if there was anything on the website which talked about health.                                                                 
                                                                                                                                
MS.  ERICKSON replied  that the  website listed  a more  specific                                                               
overview for the provisions to  the Affordable Care Act which she                                                               
had not  discussed, as  well as  more detailed  information about                                                               
specific implementation in Alaska.                                                                                              
                                                                                                                                
4:29:09 PM                                                                                                                    
                                                                                                                                
MR. APPLEBEE  said that several  divisions within  the Department                                                               
of Health  and Social Services  were involved with  the overview,                                                               
to ensure focus  on all the different sections  of the Affordable                                                               
Care Act.                                                                                                                       
                                                                                                                                
4:29:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  for  an explanation  to the  $2.8                                                               
billion annual  fee on the  pharmaceutical industry,  which would                                                               
increase over time.                                                                                                             
                                                                                                                                
MR.  APPLEBEE asked  to clarify  whether Representative  Reinbold                                                               
was  asking  about  the  intent  of  the  federal  government  to                                                               
increase taxes, noting that this  gave the federal government the                                                               
ability to pay for the Affordable Care Act.                                                                                     
                                                                                                                                
REPRESENTATIVE  REINBOLD offered  her  belief  that "driving  the                                                               
cost just ends  up spreading it around  more.  To me,  I mean, it                                                               
seems 100  percent illogical."   She  asked about  the collection                                                               
process for this  tax, and she opined that it  was driving up the                                                               
cost of pharmaceuticals.                                                                                                        
                                                                                                                                
MR.  APPLEBEE stated  that many  people  had expressed  agreement                                                               
that  the rising  cost of  health care  was the  primary concern,                                                               
along with  access and the ability  to deliver the right  care at                                                               
the right time.                                                                                                                 
                                                                                                                                
4:31:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT asked how much  had been collected from the                                                               
10 percent sales tax on indoor  tanning, and whether this had met                                                               
the revenue expectation.                                                                                                        
                                                                                                                                
MR. APPLEBEE replied  that he did not know,  as implementation of                                                               
the  Affordable Care  Act  was still  in its  early  stages.   He                                                               
declared that there were still many questions to be answered.                                                                   
                                                                                                                                
REPRESENTATIVE PRUITT expressed his  concern that assumptions had                                                               
been  made by  the federal  government regarding  the amounts  of                                                               
money available  to pay for  the Affordable  Care Act.   He asked                                                               
how the state could be assured  of federal funding to provide for                                                               
this requirement.                                                                                                               
                                                                                                                                
MR.  APPLEBEE opined  that this  was  the crux  for the  decision                                                               
making  by the  State of  Alaska, as  the future  federal funding                                                               
levels were unknown.                                                                                                            
                                                                                                                                
4:34:04 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS, stating  that the governor was now  going to agree                                                               
to  Medicaid   expansion,  asked  for  an   explanation  to  this                                                               
expansion.                                                                                                                      
                                                                                                                                
MR. APPLEBEE clarified  that the governor had  stated on February                                                               
28, 2013, that he would  not submit any plans concerning Medicaid                                                               
expansion to the  Legislature.  He shared that  the next decision                                                               
point by  the governor  would be during  the budget  submittal in                                                               
December.  He  reported that HHSS had been  discussing the impact                                                               
from  Medicaid expansion  for services  provided and  costs.   He                                                               
declared that the Commissioner of  HHSS had stated that he wanted                                                               
to  make the  correct decision,  and, as  this was  not a  simple                                                               
answer, it would require a lot of time and analysis.                                                                            
                                                                                                                                
MR.  APPLEBEE   explained  that  Medicaid  expansion   under  the                                                               
Affordable  Care  Act  meant  that  Medicaid  services  would  be                                                               
provided to all  patients with an income level up  to 138 percent                                                               
of  the federal  poverty level  (FPL).   He  clarified that  this                                                               
would be  offered to  everyone under that  income level,  and not                                                               
just  to families  with children  or  pregnant women,  as in  the                                                               
past.   He  clarified  that the  newly  eligible population  were                                                               
those who were not currently  enrolled but would be eligible with                                                               
this expansion.   He  described another  eligible group  which he                                                               
deemed  as the  woodwork  effect.   These  were  people who  were                                                               
currently eligible for  Medicaid, but had not enrolled.   If they                                                               
enrolled after the  Medicaid expansion, they would  still only be                                                               
covered under the current participation  rate, which was about 50                                                               
percent of cost to the state.                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  asked to clarify  that those who  would be                                                               
covered  under the  "woodwork effect"  were only  those who  were                                                               
currently eligible but had not yet applied.                                                                                     
                                                                                                                                
MR. APPLEBEE  expressed agreement that those  who would currently                                                               
qualify would also  qualify under the expansion, but  for a lower                                                               
federal reimbursement rate.                                                                                                     
                                                                                                                                
4:39:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  asked if  there was  any deadline  for the                                                               
Medicaid expansion.                                                                                                             
                                                                                                                                
MR. APPLEBEE explained that the  Supreme Court ruling to make the                                                               
Medicaid  expansion decision  optional had  clarified that  there                                                               
was not  a deadline for expansion.   He pointed out  that the 100                                                               
percent  federal reimbursement  was only  effective from  January                                                               
2014 through  December 2016.  If  a state decided to  enroll at a                                                               
later date,  it would forego  reimbursement for any  time already                                                               
lapsed.                                                                                                                         
                                                                                                                                
4:40:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER asked if there  were more talks about block                                                               
grants to the states as an  option to the Medicaid expansion.  He                                                               
declared that  the state  was "far more  capable of  figuring out                                                               
who needs  it than  the federal regulations  that are  gonna come                                                               
from afar."   He commented that although the  state could legally                                                               
rescind after  its expansion  of Medicaid, this  would be  a very                                                               
contentious  political  decision,  and  would not  really  be  an                                                               
option for  the legislature.   He asked  if the state  would have                                                               
more control of the money from the expansion of Medicaid.                                                                       
                                                                                                                                
MR.  APPLEBEE replied  that the  Supreme Court  decision for  the                                                               
option  of  Medicaid had  raised  the  national conversation  for                                                               
block grants to pay for entitlement programs.                                                                                   
                                                                                                                                
4:42:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE NAGEAK  asked to  clarify the funding  of Medicaid                                                               
expansion for three years.                                                                                                      
                                                                                                                                
MR. APPLEBEE  replied that the 100  percent federal reimbursement                                                               
for Medicaid  expansion would be  offered for the  three calendar                                                               
years of 2014,  2015, and 2016.  He explained  that any delay for                                                               
state  expansion  would not  receive  an  extension, and  that  a                                                               
sliding scale of reimbursements would  begin in the calendar year                                                               
of 2017.                                                                                                                        
                                                                                                                                
4:44:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  asked if there  was a calculation  for the                                                               
10 percent cost to the state after the Medicaid expansion.                                                                      
                                                                                                                                
MR.  APPLEBEE replied  that  DHSS was  working  on the  actuarial                                                               
analysis,  and he  cited several  studies, including  an estimate                                                               
and analysis  by the Urban Institute.   He pointed out  that DHSS                                                               
was reviewing all the possible  information to make its decision.                                                               
He offered  to provide  the range  of cost,  although he  did not                                                               
know whether the exact cost would be available.                                                                                 
                                                                                                                                
4:45:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TARR cited  her discussions  with small  business                                                               
owners for their needs and shared  that she had "warmed up to the                                                               
Affordable  Care  Act"  after  having   initial  concerns.    She                                                               
reported on  a documentary about the  implementation and drafting                                                               
of  the  Affordable   Care  Act,  and  the   involvement  of  the                                                               
pharmaceutical industry.   She announced that 138  percent of the                                                               
federal  poverty level  in Alaska  would be  about $40,000  for a                                                               
family of  four.  She pointed  out that Arkansas had  now applied                                                               
for  a waiver  to Medicaid  expansion,  and was  planning to  use                                                               
those funds  to buy private  health insurance for  the population                                                               
that would  have been  covered by  the expansion.   She  asked if                                                               
this was an idea for Alaska to consider.                                                                                        
                                                                                                                                
MR.  APPLEBEE,  in response,  shared  that  he had  had  numerous                                                               
conversations with the Director of  Health and Social Services in                                                               
Arkansas,  since  its announcement,  and  had  asked Arkansas  to                                                               
share any details.  He clarified  that currently there was only a                                                               
verbal  agreement  with  the  federal   government  and  not  yet                                                               
anything in writing, as the  details were still being worked out.                                                               
He  opined that,  should  this  be a  sign  of increased  federal                                                               
flexibility,  that Alaska  would be  very excited  to review  the                                                               
potential opportunities.  He observed  that currently the federal                                                               
government  had   stated  that  this   was  an  all   or  nothing                                                               
proposition.                                                                                                                    
                                                                                                                                
4:48:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON,  noting that  there were two  hospitals in                                                               
his  district,  stated that  they  were  supportive for  Medicaid                                                               
expansion, as  they were cost  shifting for an increase  to those                                                               
patients who  had insurance.   He asked that should  the Medicaid                                                               
expansion be rescinded, would only  Alaskans bear the cost shift,                                                               
or would treatment be withheld  until people were extremely sick,                                                               
with its corresponding cost increase.                                                                                           
                                                                                                                                
MR. APPLEBEE  asked to clarify whether  Representative Seaton was                                                               
referring  to  the Medicaid  expansion,  with  a subsequent  pull                                                               
back.  He offered his  agreement with Representative Keller, that                                                               
it would  be a  far easier  decision to  expand Medicaid  than to                                                               
rescind at a later date.                                                                                                        
                                                                                                                                
4:50:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON replied  that his  conversations had  been                                                               
with those  people who were  doing all  the paying, and  not with                                                               
those who would be recipients of the Medicaid expansion.                                                                        
                                                                                                                                
MR. APPLEBEE replied that the  decision would require a review of                                                               
all the  information, as "the  Medicaid program touches a  lot of                                                               
what we do in the state in terms of health care delivery."                                                                      
                                                                                                                                
4:51:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD,  referencing  slide  11,  "New  Fees  &                                                               
Taxes,"  offered  her  belief  that these  fees  and  taxes  were                                                               
"hurting  successful   couples,  businesses,  and   really  gonna                                                               
penalize  those older  people  who need  medical  devices."   She                                                               
stated  that she  had never  liked the  Affordable Care  Act, and                                                               
that  she was  "alarmed.   I'm getting  much colder  towards this                                                               
plan  than I  ever imagined."   She  asked if  all the  fees were                                                               
being  paid  to the  federal  government,  "so  this is  just  a,                                                               
basically,  just  a  grab  of  money and  power  and  control  of                                                               
something that's  so powerfully important  to us."  She  asked to                                                               
clarify if  the federal  legislators had  been exempted,  and she                                                               
requested to know all of the exemptions from the plan.                                                                          
                                                                                                                                
MR.  APPLEBEE, in  response  to  Representative Reinbold,  stated                                                               
that the  taxes were being  paid to  the federal government.   He                                                               
offered to respond with the list of exemptions.                                                                                 
                                                                                                                                
4:53:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT asked to clarify  that an additional 52,000                                                               
Alaskans would be  covered by the Affordable Care Act.   He asked                                                               
if the assessment was correct  that many companies would cease to                                                               
provide, or limit, [health care] insurance.                                                                                     
                                                                                                                                
MR.  APPLEBEE, in  response, said  that  it was  unclear for  how                                                               
people  would act  or how  premiums would  change.   He cautioned                                                               
that  there were  many pieces  still to  be clarified  before any                                                               
such statements,  and he offered  his belief that  the Affordable                                                               
Care Act assumed that businesses,  and business owners, wanted to                                                               
continue to offer health insurance coverage.                                                                                    
                                                                                                                                
4:55:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT asked  how  the state  and federal  health                                                               
care plans would  be affected, and he opined that  these would be                                                               
defined as "cadillac"  plans.  He asked for  the probability that                                                               
states would merge plans in order to cut costs.                                                                                 
                                                                                                                                
MR. APPLEBEE, clarifying that this  was for state employee plans,                                                               
said that  these plans would  not be  impacted, as the  intent of                                                               
the Affordable  Care Act was  to maintain existing  insurance and                                                               
add  to  them,  observing  that the  "cadillac"  plans  were  not                                                               
affected  until 2018.   He  opined that  there would  not be  any                                                               
change for  state employees, "certainly  not in the  short term,"                                                               
as  most of  the changes  in Alaska  were for  the 17  percent of                                                               
uninsured Alaskans.                                                                                                             
                                                                                                                                
4:58:02 PM                                                                                                                    
                                                                                                                                
CHAIR HIGGINS suggested - as  there were still many questions and                                                               
only a  short amount of  time - that  the presenters return  at a                                                               
later date.                                                                                                                     
                                                                                                                                
4:58:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER, asking  about  eligibility, requested  to                                                               
know the  income for a  traditional family  of four in  Alaska at                                                               
138 percent of the federal poverty level.                                                                                       
                                                                                                                                
MS.  ERICKSON expressed  his agreement  with the  earlier figures                                                               
from Representative Tarr that the  current federal poverty income                                                               
guideline for a family of four in Alaska was $40,627.                                                                           
                                                                                                                                
CHAIR HIGGINS added  that this figure was equivalent  to about 70                                                               
percent  of the  average income  in Alaska.   He  asked that  the                                                               
presenters  return  at  an  agreed  upon  date  to  continue  the                                                               
discussion with the committee.                                                                                                  
                                                                                                                                
MR.  APPLEBEE offered  for any  committee member  to contact  him                                                               
with any questions.                                                                                                             
                                                                                                                                
5:01:22 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Health  and  Social  Services   Standing  Committee  meeting  was                                                               
adjourned at 5:01 p.m.                                                                                                          

Document Name Date/Time Subjects
Medical Board - Luppen #3.pdf HHSS 3/14/2013 3:00:00 PM
Referral for Confirmation - State Medical Board
Medical Board - Millar #3.pdf HHSS 3/14/2013 3:00:00 PM
Referral for Confirmation - State Medical Board
PPACA Overview for HHSS 3-14-13.pdf HHSS 3/14/2013 3:00:00 PM
Affordable Care Act