02/01/2002 03:20 PM House L&C
| Audio | Topic |
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
February 1, 2002
3:20 p.m.
MEMBERS PRESENT
Representative Lisa Murkowski, Chair
Representative Kevin Meyer
Representative Norman Rokeberg
Representative Harry Crawford
Representative Joe Hayes
MEMBERS ABSENT
Representative Andrew Halcro, Vice Chair
Representative Pete Kott
COMMITTEE CALENDAR
HOUSE BILL NO. 343
"An Act extending the termination date of the Board of
Professional Counselors."
- MOVED CSHB 343(L&C) OUT OF COMMITTEE
HOUSE BILL NO. 318
"An Act relating to a health insurance uniform prescription drug
information card; and providing for an effective date."
- HEARD AND HELD
HOUSE BILL NO. 290
"An Act relating to membership in the Comprehensive Health
Insurance Association."
- HEARD AND HELD
PREVIOUS ACTION
BILL: HB 343
SHORT TITLE:EXTEND BOARD OF PROFESSIONAL COUNSELORS
SPONSOR(S): LABOR & COMMERCE
Jrn-Date Jrn-Page Action
01/18/02 2008 (H) READ THE FIRST TIME -
REFERRALS
01/18/02 2008 (H) L&C, FIN
01/28/02 (H) L&C AT 3:15 PM CAPITOL 17
01/28/02 (H) Heard & Held
MINUTE(L&C)
02/01/02 (H) L&C AT 3:15 PM CAPITOL 17
BILL: HB 318
SHORT TITLE:UNIFORM PRESCRIPTION DRUG CARD
SPONSOR(S): LABOR & COMMERCE BY REQUEST
Jrn-Date Jrn-Page Action
01/14/02 1958 (H) READ THE FIRST TIME -
REFERRALS
01/14/02 1958 (H) L&C, FIN
01/14/02 1958 (H) REFERRED TO LABOR & COMMERCE
02/01/02 (H) L&C AT 3:15 PM CAPITOL 17
BILL: HB 290
SHORT TITLE:COMPREHENSIVE HEALTH INSURANCE ASS'N
SPONSOR(S): REPRESENTATIVE(S)ROKEBERG
Jrn-Date Jrn-Page Action
01/14/02 1951 (H) PREFILE RELEASED 1/4/02
01/14/02 1951 (H) READ THE FIRST TIME -
REFERRALS
01/14/02 1951 (H) L&C, FIN
01/14/02 1951 (H) REFERRED TO LABOR & COMMERCE
01/30/02 (H) L&C AT 3:15 PM CAPITOL 17
01/30/02 (H) Heard & Held
MINUTE(L&C)
02/01/02 (H) L&C AT 3:15 PM CAPITOL 17
WITNESS REGISTER
ANNE HENRY, Chair
Board of Professional Counselors;
and Special Projects Coordinator
Division of Mental Health and Developmental Disabilities
Department of Community & Economic Development
PO Box 110620
Juneau, Alaska 99811-0620
POSITION STATEMENT: Testified on HB 343.
AMY ERICKSON, Staff
to Representative Lisa Murkowski
Alaska State Legislature
Capitol Building, Room 408
Juneau, Alaska 99801
POSITION STATEMENT: As committee aide, presented HB 318 on
behalf of the House Labor and Commerce Standing Committee,
sponsor.
GUY BELL, Director
Division of Retirement & Benefits
Department of Administration
PO Box 110203
Juneau, Alaska 99811-0203
POSITION STATEMENT: Testified on HB 318, saying he sees no
downside to the bill; testified on HB 290.
JANET PARKER, Deputy Director
Division of Retirement & Benefits
Department of Administration
PO Box 110203
Juneau, Alaska 99811-0203
POSITION STATEMENT: Testified on HB 318.
ERIN CAREY BYRNE, Executive Director
Alaska Pharmaceutical Association
PO Box 101185
Anchorage, Alaska 99510-1185
POSITION STATEMENT: Testified on HB 318.
ROGER PENROD, President
Alaska Pharmaceutical Association
939 High Grade Way
Fairbanks, Alaska 99712
POSITION STATEMENT: Testified on HB 318.
LIS MERTEN, Director
North West Region
National Association of Chain Drug Stores
924 Capitol Way South Number 216
Olympia, Washington 98501
POSITION STATEMENT: Testified in support of HB 318, with some
minor changes.
BARRY CHRISTENSEN, Chair
Legislative Committee
Alaska Pharmaceutical Association (AKPhA)
PO Box 101185
Anchorage, Alaska 99510
POSITION STATEMENT: Testified in support of HB 318.
MIKE WIGGINS, Vice President
National Accounts
Aetna
Seattle, Washington
(No address provided)
POSITION STATEMENT: Testified on HB 318, and said that although
Aetna supports a standardized ID card, it feels that this should
be done at the federal level; testified on HB 290.
JACK McRAE
Blue Cross Blue Shield of Alaska
(No address provided)
POSITION STATEMENT: Testified that Blue Cross Blue Shield of
Alaska is not opposed to HB 318, but stated some concerns;
testified in conceptual support of HB 290.
KATIE CAMPBELL, Actuary L/H
Division of Insurance
Department of Community & Economic Development
PO Box 110805
Juneau, Alaska 99811-0805
POSITION STATEMENT: Testified on HB 318.
JOHN L. GEORGE, Lobbyist
for American Council of Life Insurers (ACLI),
and American Family Life Assurance Company (AFLAC)
3328 Fritz Cove Road
Juneau, Alaska 99801
POSITION STATEMENT: Testified in conceptual support for HB 290.
BOB LOHR, Director
Division of Insurance
Department of Community and Economic Development
3601 C Street, Suite 132
Anchorage, Alaska 99503-5948
POSITION STATEMENT: Testified that the Division of Insurance
conceptually supports HB 290.
ACTION NARRATIVE
TAPE 02-9, SIDE A
Number 0001
CHAIR LISA MURKOWSKI called the House Labor and Commerce
Standing Committee meeting to order at 3:20 p.m.
Representatives Murkowski, Rokeberg, Crawford, and Hayes were
present at the call to order. Representative Meyer arrived as
the meeting was in progress.
Number 0034
HB 343-EXTEND BOARD OF PROFESSIONAL COUNSELORS
CHAIR MURKOWSKI announced that the first order of business would
be HOUSE BILL NO. 343, "An Act extending the termination date of
the Board of Professional Counselors."
CHAIR MURKOWSKI, speaking on behalf of the House Labor and
Commerce Standing Committee, sponsor of HB 343, announced that a
letter of intent was drafted by her staff in conjunction with
Pat Davidson from the Legislative Audit Division. The letter
suggests that the Board of [Professional Counselors] (BPC),
Board of Marital and Family Therapy (BMFT), Board of Social Work
Examiners, and Board of Psychologist and Psychological Associate
Examiners be merged. The letter also states that in the interim
before the next "sunset audit," as the boards are being reviewed
by the Legislative Audit Division, that there be a report on
their progress towards the merger. The letter is urging the
cooperation from all four boards to begin working towards a
consolidated merger.
CHAIR MURKOWSKI pointed out that there is an amendment that
relates to the number of hours that is required in the
accreditation process for professional counselors.
Number 0290
ANNE HENRY, Chair, Board of Professional Counselors; and Special
Projects Coordinator, Division of Mental Health and
Developmental Disabilities, Department of Community & Economic
Development, said the BPC met telephonically on Wednesday,
January 30, 2002, and developed an amendment similar to the one
the House Labor and Commerce Standing Committee drafted. Ms.
Henry said the BPC deleted from the amendment the 48-hour
requirement for the graduate program, which was limiting some
people's ability to get licensure in Alaska. The amendment
still maintains the 60-hour requirement overall, which keeps up
the standard the BPC would like to see.
Number 0343
CHAIR MURKOWSKI asked Ms. Henry to explain what the specific
problem was regarding the recognition of accredited hours.
MS. HENRY said the BPC recognizes graduate programs from
regionally and nationally accredited universities. Some of the
accrediting bodies allow a various number of semester hours for
graduate programs. Some people graduated with as low as 35
hours of graduate work in their program, and were not allowed to
be licensed in Alaska. She said that removing the requirement
that a graduate program be a minimum of 48 hours will allow
those people to still apply. She explained that one will still
need to have 60 total graduate hours.
REPRESENTATIVE CRAWFORD asked Ms. Henry about a situation when a
person attains a graduate degree through "advanced standing,"
whereby one can complete his/her graduate degree in one year
instead of two, and asked if the advanced-standing students will
be ruled out because they did their graduate work in one year.
Number 0478
MS. HENRY said these people will be allowed to apply if they
have the total of 60 semester hours of graduate work during or
after their graduate program. She added that "there is a
standard of 60 hours that some of the national accrediting
agencies are recommending that people adhere to; they haven't
all achieved that at this point."
REPRESENTATIVE CRAWFORD asked if those people who got advanced
standing, and did their graduate work in one year, would have to
go and get another year of work done, even though they already
have their master's degree.
MS. HENRY said that she isn't sure what "advanced standing"
means, but the 60-hour requirement applies to everyone,
including those who completed their master's degree in one year.
REPRESENTATIVE CRAWFORD reported, to the best of his knowledge,
that people who graduated summa cum laude and magna cum laude
were able to skip some courses and finish their master's work
with fewer hours.
Number 0581
MS. HENRY said this statute would not recognize those who do not
have the minimum of 60 semester hours completed, regardless of
the length of their graduate program. She stated that Alaska
Pacific University requires 60 semester hours for a graduate
degree in counseling. For a master's in science and clinical
psychology, the University of Alaska's requirement is "48 or 45
hours." The University of Alaska Fairbanks requires 48 hours
for its graduate programs. She said the Council for
Accreditation Counseling (indisc.) and related educational
programs, which is the national organization, is recommending
that everyone go to 60 [hours].
Number 0634
REPRESENTATIVE CRAWFORD asked if those people who already
practice in Alaska, and only have 30 graduate hours, would have
to go back to school to get an additional 30 hours to continue
their license.
MS. HENRY said that if these people were "grandparented" in,
then they already have their license. If someone has graduated
from a program and has 48 or fewer hours, he or she would have
to take additional hours to meet the 60-hour requirement.
CHAIR MURKOWSKI said the statutes currently provide that these
people still have to have a total of at least 60 hours.
Previously, she indicated, someone could get 48 hours in his/her
respective program and pick up 12 additional credits in another
area.
MS. HENRY specified that the requirement was 48 hours within the
graduate program, and after graduation some people had to pick
up 12 additional hours [in order to meet Alaska's license
requirements]. She said that the BPC has found through dealing
with a lot of applications that some people have attended
programs that are not 48 semester hours within the graduate
program itself. She said that because of the "rigid" way the
statute was written before, if they did not have 48 hours, they
could not be licensed in Alaska. Ms. Henry offered that HB 343
would allow those people who do not have the required 60 hours
to take additional hours to meet the requirement and obtain a
license.
Number 0765
REPRESENTATIVE ROKEBERG moved to adopt Amendment 1, 22-
LS1275\C.1, Lauterbach, 2/1/02, which read:
Page 1, line 1, following "Counselors":
Insert "; and relating to licensing of
professional counselors"
Page 1, following line 5:
Insert a new bill section to read:
"* Sec. 2. AS 08.29.110(a) is amended to read:
(a) The board shall issue a professional
counselor license to a person who applies for the
license, submits the required fee, submits two letters
of recommendation from professional counselors who are
familiar with the applicant's practice of professional
counseling, and presents evidence satisfactory to the
board that the person
(1) is at least 18 years of age;
(2) is not under investigation in this or
another jurisdiction for an act that would constitute
a violation of this chapter;
(3) has not had a license related to the
practice of counseling, psychology, marital and family
therapy, or social work in this or another
jurisdiction suspended, revoked, or surrendered in
lieu of discipline unless the license has been fully
reinstated in that jurisdiction;
(4) has passed a written examination as
required by the board; the board may provide that
passing a nationally recognized examination for
professional counselors is sufficient to meet the
examination requirement of this paragraph;
(5) has successfully completed either
(A) an earned doctoral degree in counseling
or a related professional field from a regionally
accredited institution of higher education approved by
the board; or
(B) an earned master's degree in counseling
or a related professional field, from a regionally or
nationally accredited institution of higher education
approved by the board, and [CONSISTING OF] at least 60
[48 SEMESTER HOURS AND AT LEAST 12 OTHER] graduate
semester hours in counseling during or after earning
the master's degree [, FOR A TOTAL OF AT LEAST 60
HOURS]; and
(6) has, after completing the requirement
of either (5)(A) or (B) of this subsection, had at
least 3,000 hours of supervised experience in the
practice of professional counseling performed over a
period of at least two years under the supervision of
a supervisor approved under AS 08.29.210, with at
least 1,000 hours of direct counseling with
individuals, couples, families, or groups and at least
100 hours of face-to-face supervision by a supervisor
approved under AS 08.29.210 unless, under regulations
of the board, the board allows the supervision to be
by telephonic or electronic means because of the
remote location of the counselor."
There being no objection, Amendment 1 was adopted.
Number 0802
CHAIR MURKOWSKI asked if anyone had comments regarding the
letter of intent.
REPRESENTATIVE MEYER said he was thankful that the letter of
intent was drafted as he had suggested.
CHAIR MURKOWSKI said the letter of intent sends a strong message
as to what the House Labor and Commerce Standing Committee is
looking for in HB 343.
Number 0850
REPRESENTATIVE ROKEBERG moved to report HB 343, as amended, out
of committee with individual recommendations, the accompanying
fiscal notes, and the letter of intent. There being no
objection, CSHB 343(L&C) moved from the House Labor and Commerce
Standing Committee.
HB 318-UNIFORM PRESCRIPTION DRUG CARD
Number 0884
CHAIR MURKOWSKI announced that the next order of business would
be HOUSE BILL NO. 318, "An Act relating to a health insurance
uniform prescription drug information card; and providing for an
effective date."
AMY ERICKSON, Staff to Representative Lisa Murkowski, Alaska
State Legislature, speaking as the committee aide, presented HB
318 on behalf of the House Labor and Commerce Standing
Committee, sponsor. Ms. Erickson informed the committee that HB
318 was introduced at the request of the Alaska Pharmaceutical
Association. Similar legislation has been enacted in 19 other
states, and is in progress in several other states. This
legislation is intended to provide practical guidelines for
organizations producing member identification (ID) cards, and to
provide consistent standards for those using IDs. She added
that the waiting time for consumers in pharmacies will be
reduced, and pharmacists will have the information they need at
their fingertips.
MS. ERICKSON said the card contains basic but essential
information such as the name or logo of the card issuer.
Implementation of the uniform card will greatly aid pharmacists
and improve patient care by minimizing confusion. She offered
that the uniform card will also eliminate unnecessary paperwork
and decrease administrative burdens and processing claims.
Number 1002
MS. ERICKSON informed the House Labor and Commerce Standing
Committee that there is a proposed committee substitute (CS),
Version J.
Number 1067
REPRESENTATIVE ROKEBERG moved to adopt the proposed CS for HB
318, version 22-LS1061\J, Ford, 1/21/02, as a work draft. There
being no objection, Version J was before the committee.
REPRESENTATIVE ROKEBERG asked for an explanation of the
differences [between the proposed uniform card and the current
prescription cards].
Number 1090
MS. ERICKSON explained that the card has been fine-tuned to look
similar to the National Council for Prescription Drug Program's
pharmacy card.
Number 1180
GUY BELL, Director, Division of Retirement & Benefits,
Department of Administration, said that his division administers
the health insurance for Select Benefits for approximately 5,000
state employees, and for approximately 23,000 retirees from the
public employees' and teachers' retirement systems. He stated
that the Division of Retirement & Benefits uses a prescription
drug card. He said, "Based on conversations we've had with ...
the staff, we believe our prescription drug card complies with
the standards, and we have submitted a zero fiscal note
associated with the legislation."
REPRESENTATIVE HAYES asked Mr. Bell if he sees any downside to
HB 318.
Number 1122
MR. BELL replied in the negative.
REPRESENTATIVE ROKEBERG said that he is surprised to hear that.
He asked whether "the card we have that we carry around with
us," although it looks different, meets the requirements.
Number 1240
MR. BELL said yes.
REPRESENTATIVE ROKEBERG asked what the outcome would be if the
state decided to make a change in the formulary.
MR. BELL deferred to a member of his staff.
Number 1270
JANET PARKER, Deputy Director, Division of Retirement &
Benefits, Department of Administration, asked if the question
was in regard to what would happen if there were any formulary
changes.
REPRESENTATIVE ROKEBERG restated his question: What if the
third-party administrator under the direction of the state
changed the formulary?
MS. PARKER said that the state doesn't actually use a formulary,
so "you're allowed to use any drugs you want, and maybe that's
the issue...." She said that over 90 percent of the pharmacies
participate in the state's card program. She asked whether this
is designed to address formularies.
REPRESENTATIVE ROKEBERG said that he eventually wants to address
that issue, but if the state doesn't have a formulary, then it's
moot.
Number 1344
ERIN CAREY BYRNE, Executive Director, Alaska Pharmaceutical
Association, testified via teleconference. She said that the
Alaska Pharmaceutical Association wants to become uniform
throughout the Lower 48. She said that similar legislation has
been enacted quickly in 19 other states in order to achieve the
uniformity. She said, "We are just simply complying with ...
different language that's already been drafted in other states
... to keep the model and the template uniform."
Number 1388
MS. BYRNE stated that she thought Ms. Erickson did an excellent
job of summarizing the intent of HB 318. She said that everyone
can appreciate the time spent waiting behind the counter [at a
pharmacy], not waiting for a prescription to be filled but
waiting while the pharmacist is gathering simple information
that should be on the front of the card. She indicated that
statistically 70 percent of a pharmacist's time is spent trying
to gather information.
REPRESENTATIVE ROKEBERG asked Ms. Byrne if she could verify that
the state's card is consistent with the ID card that would be
required for [HB 318]. He specified that he was referring to
the current card that's issued by Aetna as a third-party
administrator to the Select Benefits group of Alaskan employees
and to retirees.
MS. BYRNE said that she would have to look at the Aetna card
specifically, but most of the major [insurance] carriers already
have that information on the card.
Number 1480
ROGER PENROD, President, Alaska Pharmaceutical Association,
testified via teleconference. He responded to Representative
Rokeberg's question and said that the Aetna card does contain
all of the necessary information that is required by the
proposed legislation, as do most of the Blue Cross of Washington
and Alaska cards. He said that difficulties arise when
pharmacists run into people from "Outside" who have cards from
[an insurance] carrier that does not have the required
information on its cards.
MR. PENROD said that there is a nationwide trend showing that [a
uniform prescription drug card] is "a viable aspect," and
allowing [the Alaska Pharmaceutical Association] to have this
type of legislation will only make its job easier. He added,
"The real winner is the guy on the other side of the counter
because it reduces their wait time. It does allow us to provide
for them that pharmaceutical care which has become so prominent
in this last decade."
MR. PENROD added that historically pharmacy has primarily been a
"cash-and-carry thing," and only in the last 15 years has
insurance become a big player. He said, "Ten or twelve years
ago, it might have made up 10 percent of our business, whereas
today it makes up in excess of 80 percent." He said that
because of the increase, from time to time a pharmacist may run
into billing problems, and that is what [he hopes] HB 318 will
help to alleviate.
Number 1603
REPRESENTATIVE ROKEBERG asked Mr. Penrod, "What if there's a
change in the formulary on an annualized basis? How would that
be impacted by the card?"
MR. PENROD said that it would not affect the card because the
formulary is an agreement between "your insurer, which is the
state, and the third-party carrier." He said, "If they want to
try to minimize dollar amounts by reducing the choices of, for
example, non-steroidal anti-inflammatory agents, ... they might
want to ... phase those out and say, 'Let's use these other
drugs.' But it doesn't affect the card at all."
Number 1650
REPRESENTATIVE ROKEBERG inquired as to whether the numbers on
the card would indicate what type of formulary existed.
MR. PENROD said no.
REPRESENTATIVE ROKEBERG asked how a pharmacist would know
whether or not an insurance company's formulary would cover the
prescription being written. He clarified that he was referring
to one of the number of companies that are licensed to do health
insurance in Alaska.
MR. PENROD said that's when they begin to "practice medicine",
which is a little beyond their scope. He explained that a
pharmacist gets a rejected claim back through his/her computer
saying that the particular drug - the "NDC, meaning National
Drug Code, which is an identifier for that drug" - is not
covered, "and they don't give any explanation." Or, in some
cases, there are those drugs that have limits as to the amount
that is covered.
REPRESENTATIVE ROKEBERG asked Mr. Penrod if he is a pharmacist.
MR. PENROD said yes.
REPRESENTATIVE ROKEBERG asked Mr. Penrod if he is aware that
almost every company has a different formulary.
Number 1721
MR. PENROD said that fortunately Alaska has not been affected by
that too much.
REPRESENTATIVE ROKEBERG said that he doesn't understand why this
particular card is going to make that kind of difference.
MR. PENROD stated that sometimes he gets a card without an
individual identification number or a group plan on it, and the
card says, "For pharmacy claims call this 800 number."
REPRESENTATIVE ROKEBERG asked how the communication time would
be reduced from the current average of 20 minutes [for phone
verification].
MR. PENROD said that [the pharmacist] wouldn't have to make any
phone calls because that information would already be on the
card.
Number 1805
REPRESENTATIVE ROKEBERG asked Mr. Penrod if he has run into any
difficulties as far as the different formularies from different
health insurance underwriters.
MR. PENROD said that he hasn't had many problems with
formularies.
REPRESENTATIVE ROKEBERG said that some companies will cover a
certain drug that another company won't. He asked, "How do you
know the distinction? Is that when you make that contact with
them, or [do] you know because of prior experience?"
MR. PENROD said that sometimes a pharmacist will know from prior
experience. He added that when an electronically submitted
claim comes back and says [a specific drug] is not covered, the
pharmacist tells the patient that this particular drug is not
covered, and asks, "How would you like us to proceed?"
REPRESENTATIVE ROKEBERG asked if the electronically submitted
claim is done through the Internet.
MR. PENROD said, "Just through the telephone lines."
Number 1850
MS. BYRNE said this card is simply a uniform identification card
for insurance carriers. She stated that "the electronic
transmittal will take place closed-circuit." She compared the
proposed uniform prescription card to a state driver's license
where each state has a driver's license number somewhere on the
front of the license; in other words, it provides uniformity.
She said that the formulary is completely specific to the
carrier itself and that's all handled electronically. Those
[pharmacists] who have been around for a while certainly know
some of the major carriers and what they will cover and will not
cover. She said, "The smaller carrier that we don't see often
up here ... presents a problem."
Number 1902
REPRESENTATIVE ROKEBERG asked what happens when there is a
tourist or visitor from outside [Alaska] and he or she doesn't
have the uniform card.
MR. PENROD said that if he or she doesn't have an insurance
card, then it's pretty cut and dried; the person gets to pay
cash. If the person has an insurance card with inadequate
information, then it requires a telephone call.
Number 1926
CHAIR MURKOWSKI asked if she understood correctly that right now
there are 19 states that have signed on to some kind of uniform
template, with the goal being that one could travel from
Wisconsin to Alaska and would pretty much have the same basic
information on the front of the card.
MR. PENROD said that was correct.
Number 1950
LIS MERTEN, Director, North West Region, National Association of
Chain Drug Stores, testified via teleconference. She addressed
the question regarding formularies and said that having the card
in Alaska and having it standardized will cut down on the amount
of time that the pharmacists in Alaska are going to have to
spend with someone from a state that hasn't passed a law and
doesn't have a standardized card. She said that currently
pharmacists have to deal with multiple people coming in, and the
pharmacists have to stop and make phone calls. She asked if
this answers Representative Rokeberg's question.
REPRESENTATIVE ROKEBERG said yes.
Number 2000
MS. MERTEN thanked the committee for introducing HB 318, and
said that [the members of the National Association of Chain Drug
Stores] support HB 318 with some minor changes. She said that
currently in Alaska, [43 percent] of all prescriptions are paid
for by a third party. [Ms. Merten later clarified by phone that
this does not include Medicaid.] She said that pharmacists
currently spend 20 percent of each working day dealing with
problems just related to processing prescription drug claims.
She said that the pharmacists would much rather be spending
their time dealing directly with patients doing counseling and
helping them comply with their drug regimen. She noted that the
bill asks simply that the information needed to process the
claim be included on the card, and she said that is all her
organization is asking for. She complimented the committee and
the drafters for having the director of [the Division of]
Insurance be a big part of the implementation of the
legislation.
MS. MERTEN said that [the National Association of Chain Drug
Stores] would like to see a couple of changes as [HB 318] goes
through the process. She said, "We'd like the bill clarifying
who has to comply with this law, and we'd also like to clarify
some language for the insurance (indisc.)." She said that she
doesn't anticipate that [insurance companies] would have to
issue new cards every time there is a little change. She
offered her understanding that in Alaska a sticker is used on
the driver's license [to note changes], for example. Ms. Merten
said this certainly would be an acceptable format that the
pharmacists would be very comfortable with if the information
were to change. She added, "We're trying to make this as easy
on the insurance as possible and not make this ... tough for
them to comply."
Number 2096
CHAIR MURKOWSKI thanked Ms. Merten for her testimony and
explained to her that it is the policy of the House Labor and
Commerce Standing Committee to have legislation "practically
perfect" before moving it from committee. She inquired whether
one could just put a sticker on a card and have it be reissued,
or if that would be problematic. In terms of who has to comply,
she thought it was any health benefit plan that provides for
prescription drugs or devices and that issues or uses cards.
She said she thought that was relatively clear. She asked how
Ms. Merten would make that more specific.
Number 2140
MS. MERTEN apologized for not knowing the insurance laws in
Alaska and said, "If these are included, then [it's] fine the
way it is." She emphasized the need to ensure that included in
that broad language [describing health care insurers] are health
benefit plans, health care insurance plans, managed care
entities, and third-party administrators.
CHAIR MURKOWSKI said that she doesn't have the answer in terms
of whether a health benefit plan in fact includes all those
mentioned. She said that the committee should ask one of the
experts waiting to testify.
MS. MERTEN said she had hoped that when that language was added
it would be broad enough to incorporate all of those entities,
and she isn't sure that it is.
Number 2190
BARRY CHRISTENSEN, Chair, Legislative Committee, Alaska
Pharmaceutical Association (AKPhA), testified via
teleconference. He stated that both he and his father are
practicing pharmacists, and one of the most frustrating things
they deal with in the day-to-day pharmacy practice is someone
handing them a card that has information on different areas of
the card. He expressed that this is a standardization that [he
thinks] is going to be the standard for the United States across
the line, and it would be nice to have Alaska [adopt] it sooner
rather than later.
Number 2226
REPRESENTATIVE HAYES said that it sounds as if this type of
legislation is going through one state at a time; he asked why
the people who introduced this legislation first didn't
introduce it at the federal level. He commented that it would
have been a lot easier to pass it on the federal level instead
of going state by state.
CHAIR MURKOWSKI said that she will direct the question to Mr.
Christensen because in his letter he stated that new federal
guidelines issued under the Health Insurance Portability [and
Accountability] Act (HIPAA) will require insurers to issue new
prescription cards in the very near future.
MR. CHRISTENSEN said it is his understanding that the pharmacy
associations have tried to work with the insurers and the
[National Council for Prescription Drug Programs (NCPDP)] to try
to get the insurers online so [a uniform card] is voluntary
rather than a state or federal mandate, but it just hasn't
happened very fast. He mentioned that it has been in the works
for about four years. Mr. Christensen said that "HIPAA really
doesn't ... require the issuance of prescription cards with the
fact that they're out there." He said that currently most of
the prescription drug cards are identified by a social security
number (SSN) and he has been told that in the future the SSN
will probably not be on the card anymore due to patient privacy
protection. He said, "I wish that it would come down federally
- we wouldn't have to be here - but the fact is that it hasn't
come down, so state by state, ... it seems like ... we're
working through it."
Number 2304
REPRESENTATIVE ROKEBERG said that states have primacy on
insurance and this is a health insurance issue.
Number 2334
MIKE WIGGINS, Vice President, National Accounts, Aetna,
testified via teleconference. He said that he's glad to hear
that there's no problem with the State of Alaska ID card and it
appears to be working. He said that he has unfortunately spent
most of his time working on the prior version of HB 318 and not
Version J because he was told it was the most current. He said:
Based on our review of that, we have some questions
about the bill; and we're not sure that the current ID
card, as it stands today, will meet that because [of]
the bill. We spent most of today also working with
the health care identification card pharmacy ID ...
paper put out by the National Council for Prescription
Drug Programs. First of all, just a couple of general
... comments. The ID card that goes out is not just
specifically for prescription drugs. It is for
medical. It is a piece of document that [has] some
pretty pertinent information that is not just specific
to prescription drug plans but is also our medical
card.
MR. WIGGINS said that many people have two ID cards and the
state has a single ID card. He again apologized for not working
off of Version J and commented that in the state of Alaska it
appears that the card would not apply to federally funded plans
that have (indisc.) prescription drug management programs, like
Medicaid. So as it's written today, it's very narrowly defined
as to whom it would actually affect. He said although many
states have adopted this [type of legislation], it's been
different in every single state. He expressed that Aetna does
support a standardized ID card, but feels that it can it only be
done at the federal level. Mr. Wiggins explained that having
these different bills passed in several states is making Aetna
have to comply with [those laws] and make identification cards,
for both medical and prescription drugs, for 19 different
states.
MR. WIGGINS said that Aetna is currently processing claims for
approximately 60,000 members in all 50 states and a number of
foreign countries; [the members] don't seem to be having any
problems with the card, which [Aetna thinks] doesn't comply with
the current bill.
Number 2481
CHAIR MURKOWSKI asked how the card doesn't comply.
MR. WIGGINS asked if the committee would like to hear an item-
by-item description.
CHAIR MURKOWSKI said yes.
TAPE 02-9, SIDE B
Number 2448
MR. WIGGINS offered to submit written comments after he had
received Version J.
CHAIR MURKOWSKI said that would be helpful. She asked him for
his fax number so that he could receive a copy of Version J
quickly.
CHAIR MURKOWSKI asked how radically the various state
requirements differ.
Number 2401
JACK McRAE, Blue Cross Blue Shield of Alaska, testified via
teleconference. He said that Blue Cross Blue Shield has worked
with both Washington and Oregon on similar legislation. It has
not been specific regarding what should be on the card; rather,
it has given the authority [to] the regulatory agencies - "which
you have in your bill, 'the director shall' regulate" - to then
work with the pharmacy groups and the carriers to establish what
should be on the card.
MR. McRAE said that he isn't working off of Version J either,
and mentioned that [Blue Cross Blue Shield] has some concerns
regarding what is listed as definitions for different items. He
informed the committee that Blue Cross Blue Shield is not
opposed to [HB 318] and just wants to make sure that what
happens is as uniform as possible in Washington, Oregon, and
Alaska. He stated that [Blue Cross Blue Shield] has 85,000
members in Alaska; if [HB 318] would change the [prescription]
card, it would require sending out 85,000 new cards. He said,
"We would like to work with the committee on ... this issue.
But we're not opposed to the bill itself; we're just concerned
about some of the definitions themselves in the bill."
Number 2331
CHAIR MURKOWSKI requested that Mr. McRae do the same thing that
Mr. Wiggins is doing, which is get a copy of Version J and send
the committee his written comments.
CHAIR MURKOWSKI said that she is going to hold HB 318 over until
the committee receives the written comments.
REPRESENTATIVE ROKEBERG addressed the issue of who is to
qualify. He said it seems to him that even Medicaid recipients
should have a card, but right now he isn't sure "a health
benefit plan" is defined in the statute. He addressed this
issue to Katie Campbell.
Number 2282
KATIE CAMPBELL, Actuary L/H, Division of Insurance, Department
of Community & Economic Development, said that she also does not
have a copy of Version J.
REPRESENTATIVE ROKEBERG said, "A health benefit plan that
provides" is what is in [HB 318] right now. He asked if there
is currently a definition of that in statute.
MS. CAMPBELL noted that "health benefit plan" is defined in
Chapter 54 [AS 21.54.500], which applies generally, and it's one
of the definitions that went in "when we made all of the HIPAA
changes."
Number 2253
REPRESENTATIVE ROKEBERG asked if that would include any Medicaid
recipients.
MS. CAMPBELL said that the definition is written in terms of
employee welfare benefit plans, so it's very general, and
Medicaid probably wouldn't qualify.
REPRESENTATIVE ROKEBERG said that Medicaid should be included.
He referred to page 1, lines 5-7, Version J, which read in part,
"A health benefit plan that provides coverage for prescription
drugs or devices and that issues, uses, requires, or reissues a
card". He indicated that if [Medicaid] didn't use a card, then
it wouldn't be subject to this provision.
Number 2234
REPRESENTATIVE ROKEBERG asked Mr. Wiggins if there would be any
impacts relating to the privacy issue and if he was familiar
with the so-called Alaska patient's bill of rights [which he had
sponsored].
MR. WIGGINS said that he has recently been working with the
State of California on the privacy issue, and [California] has
basically eliminated the [social security] number. He said,
"That's going to make a requirement for major re-writes of
eligibility systems that are coming off the payroll systems.
It's going to cause a big change in the software for doctors
[office's] who use [social security numbers] as identifiers -
plus we're going to have to come up with ... encrypted software
to work with that." Mr. Wiggins emphasized that privacy is a
big issue nationwide regarding ID cards. He said that ID cards
are being looked at for confidentiality, and those same cards
are being used for prescriptions, "so they kind of compound the
issues."
Number 2167
REPRESENTATIVE ROKEBERG asked Mr. Wiggins to "check with our
benefits people up here ... because there's several bills that
have been floating around about social security numbers ... that
I'm concerned about, as well as the patient's bill of rights and
the other privacy issues."
MR. WIGGINS said that [Aetna] is not against a standardized
card; it's just that it is having to comply with a lot of
different bills being enacted in different states. He asked,
"Who regulates them? Who's compliant?" He requested further
explanation of the bill.
Number 2115
MR. McRAE said, "At one time under the HIPAA rules there was
going to be a unique identifier for every individual that had
health care throughout the nation, and that's been thrown out
now." He said that it was decided to not do this at a
congressional level. He offered that in the future there might
be a different identifier other than social security numbers.
REPRESENTATIVE HAYES asked, "Why haven't any other companies
looked at federal legislation and then just had the legislation
do a reciprocity format like the bills that we were looking at
last year?" He said that this would have been the easiest way
to go about doing this.
MR. WIGGINS said that [Aetna] insures 18 million people
throughout the country and is presently using a somewhat
standard card for all 18 million people throughout the country.
Number 2057
MR. McRAE commented that Blue Cross Blue Shield's card in all
the states, generally speaking, fulfills the requirements of
what's in the legislation. He said his concern is that if it
changes a little bit, the company will have to send out another
85,000 new cards. He restated his willingness to work through
some of the definitions pertaining to the legislation.
CHAIR MURKOWSKI said she doesn't think that every time there's a
change in the program, a new card has to be reissued. She
offered that when it's time for the card to be reissued, then
the appropriate changes would be made. She said, "We'll make
sure that it basically says everything that we think you want it
to say."
Number 2012
MR. McRAE stated that Blue Cross Blue Shield does not reissue at
any set time, but rather when the data changes on the card for
information purposes.
MR. WIGGINS said that Aetna does the same. He stated that Aetna
has created a member service whereby people can request cards
when they lose them. New members receive a new ID card.
Number 1984
CHAIR MURKOWSKI announced that she is going to hold [HB 318]
over until the committee receives the written comments from
Aetna, Blue Cross, and anybody else who would care to weigh in
on Version J.
HB 290-COMPREHENSIVE HEALTH INSURANCE ASS'N
Number 1966
CHAIR MURKOWSKI announced that the next order of business would
be the continuation of HOUSE BILL NO. 290, "An Act relating to
membership in the Comprehensive Health Insurance Association."
Number 1935
JOHN L. GEORGE, Lobbyist for American Council of Life Insurers
(ACLI), and American Family Life Assurance Company (AFLAC), said
that there is a proposed amendment in the committee's packet,
and asked that the committee not consider it today. He
explained that in further discussions with his client and with
the sponsor of the bill, Representative Rokeberg, there has been
a request for some additional information. He said that he
would rather propose an amendment that [Representative Rokeberg]
was in agreement with and asked the committee to not take any
action or even consider his current amendment.
MR. GEORGE stated full support of the concept of [HB 290] to
broaden the base of people that subsidize the Comprehensive
Health Insurance Association [known as Alaska Comprehensive
Health Insurance Association (ACHIA)] policies. He noted that
as it is now, the small employer or the single person buying an
individual policy is paying a substantial burden, while many
people escape contributing.
Number 1884
CHAIR MURKOWSKI said that the House Labor and Commerce Standing
Committee would disregard Mr. George's proposed amendment until
further notice.
REPRESENTATIVE ROKEBERG asked Mr. George about "the scope of the
definition of ... major medical and what can be covered under
this bill."
MR. GEORGE said the law as it stands now says that any insurer
that sells major medical insurance policies is a member of
ACHIA, and the assessment is based not on the major medical
premium but on all health insurance premiums written by that
company. He stated that AFLAC writes $14,106 of major medical
premium[s]; it's Medicare-supplement policies, not even health
insurance policies as one would think of a major medical policy.
He said that the definition includes Medicare supplements, but
because [AFLAC] writes over $5 million in premiums in [Alaska],
its assessment this year will be over $30,000. He added,
"Because they write $14,000 worth of major medical, they pay
$30,000 in assessment."
Number 1820
MR. GEORGE said that interestingly enough, AFLAC wrote Medicare-
supplement policies in [Alaska] until "1997 or 1998," but
doesn't anymore. He explained that "they're guaranteed
renewable, so they can't cancel the policies and get off; they
must renew them. And as long as they renew them, they're
subject to the assessment of all their premium." Noting that
there may be other approaches, he told the committee that he is
going to provide some more information to describe what other
types of insurance [AFLAC] writes that fall under health
insurance but not major medical.
REPRESENTATIVE ROKEBERG said that Mr. George's testimony
clarified a point that he wants to work on in [HB 290]: the
scope of how to get the premium expanded.
Number 1774
REPRESENTATIVE HAYES said that he should claim a conflict at
this point.
CHAIR MURKOWSKI said that it is noted for the record, with
humor.
Number 1749
GUY BELL, Director, Division of Retirement & Benefits,
Department of Administration, said that the Department of
Administration supports expanding those who can be assessed
under the ACHIA program because of the need for an equitable
approach to this issue. In regard to the legislation, Mr. Bell
said that [HB 290] identifies the State of Alaska as one of the
groups. He said from [the Division of Retirement & Benefits]
perspective, that means two groups. The first is the Select
Benefits group of about 5,000 state employees covered under a
plan that [the division] administers. The second group is over
23,000 state and political subdivision retirees under the public
employees' and teachers' retirement systems. He said, "That's
who we think would be affected by that reference to the State of
Alaska." He added that there are certain groups that would not
be included and he thought that Bob Lohr made reference to them
in his testimony at an earlier hearing. He mentioned that [the
Division of Retirement & Benefits] based its fiscal note on
numbers from the Division of Insurance, assuming that Select
Benefits and retirees would be assessed.
MR. BELL said:
Because the employer contribution to ... insurance and
Select Benefits is capped, either in statute for non-
covered people or through collective bargaining
agreements otherwise, we've indicated that this
increase would be assessed against state employees
based on the current law. And that's why we've shown
an asterisk on fiscal impact, because really the
premium increase would go to employees as opposed to
the employer under the current law.
Number 1653
REPRESENTATIVE ROKEBERG interjected and said, "That's because
the $500 figure is in statute right now."
MR. BELL said that the amount of the employer contribution is in
statute. He said:
The retirement funds are actuarially funded, which
means we pre-fund obligations associated with the
retirement system. So the actual costs to the
retirement funds in the ... year will be greater than
the amount of the assessment against the retiree plans
because we're collecting in advance for active
employees as well as paying for the assessment for
retirees. So there's effectively a double hit when it
comes to the retirement funds because of our actuarial
funding approach. Now in a conversation I had today
with Representative Rokeberg, I must acknowledge that
this is a savings the retirement funds received some
years ago when we went from being fully insured to
being self-insured, so at one point, of course, the
retirement funds were paying their share of this cost,
up to ... 1997, when both the retiree and the active
plans became self-insured.
Number 1582
REPRESENTATIVE ROKEBERG referred back to his conversation with
Mr. Bell. He said one could make the case that particularly the
retirees had already actuarially made the payments up until the
point that they ceased making payments when the state became
self-insured. He said there was only a small period of time and
the figure of some $1 million is pretty substantial given that
the whole assessment now is perhaps $3.5 million. He commented
that it is almost double-paying in the future and that one could
make the case that he/she wouldn't really need to do that if
[the division] gave credit for the previous pre-payments.
Number 1534
MR. BELL said that in a theoretical sense that is true. He
said, "Based on what the Division of Insurance has told us, the
share ... of what the premium share would be of the total, and
that annual assessment would be $1 million against the retiree
plans." He noted that [the Division of Retirement & Benefits']
fiscal note indicates that the annual cost to employers who pay
rates to the retirement funds would be about $2.2 million
because [the division has] to collect not only for the $1
million in premium it will pay in year one, but it also has to
pre-fund future payments for currently active employees. He
said that is because "when I retire, theoretically the
retirement fund has collected from ... my employer and me 100
percent of my expected retirement benefit."
Number 1480
REPRESENTATIVE ROKEBERG asked if, by statutory definition, the
legislature could require that credit be given for the previous
deposits when making the computation. He asked, "How do we get
credit for those deposits?"
MR. BELL said, "Every employer is like a separate bucket, and we
take all of the employer contributions to the retirement system
for, let's say, the State of Alaska and put that in a bucket.
And that bucket is to be used to fund all future obligations."
He stated that this doesn't segregate the pension obligation
from the other obligations; it is the asset. The asset is then
measured against the expected liability, and if there's a
difference, that employer is charged a higher rate to cover the
difference. He said, "Effectively, I think what happened is
that our medical costs modestly dropped when we went to self-
insurance and so the liability associated with medical dropped,
but at the same time employer rates came down, maybe partly
because of this, but also because of ... other issues." He
concluded by saying that there are a lot of things that go into
determining assets and liabilities.
REPRESENTATIVE ROKEBERG suggested perhaps it is "commingled in
the pot."
MR. BELL said that it can't really be segregated.
Number 1385
REPRESENTATIVE ROKEBERG said that it seems to him that there is
an equity issue in terms of not getting credit for those
payments that are already made actuarially. He said that he
doesn't want to create too big a burden, or too big a fiscal
note, no matter where the costs fall. He asked, "Is there a way
we can bring equity to this equation and get some credit for
those deposits?"
Number 1330
MR. BELL said that the short answer to that question is that
adding an obligation to the retiree medical plan increases cost.
He explained that there is no other place it can come from,
because for 99 percent of retirees, their retirement funds pay
100 percent of the premium. He commented that although this
looks like a large number in terms of the total asset of the
retirement funds, it's not a substantial amount. He said that
[the Division of Retirement & Benefits] has, as of June [2001],
$12 to $13 billion in the retirement funds.
MR. BELL added that as the number of individuals affected by
this is expanded, the cost to the retirement system will go down
commensurately.
Number 1266
REPRESENTATIVE ROKEBERG said, "If we are able to expand the
amount of coverage, ... those costs would go down." He said
that looks like a very high cost in the scope of what [HB 290]
is trying to attain. He said this makes [HB 290] look bad. He
explained that "they have to actuarially put this money aside
now for down the road, but they already did it in the past." He
asked, "So where is that money?" He stated that although he
understands that [the division] has to charge now for it, he
doesn't think it is fair to double up on [retirees] now.
Number 1210
MR. BELL said that he needs to research whether or not the
retirement funds did in fact pay a premium in the past toward
ACHIA.
REPRESENTATIVE ROKEBERG said that was his understanding in their
conversation earlier.
REPRESENTATIVE CRAWFORD said, "Just for my edification ... and
clarification, I was under the impression what [Mr.] Lohr said
the other day was that this would expand the ACHIA premiums to
the ERISA [Employee Retirement and Income Security Act] plans
that had stop-loss insurance, that it would really cast a broad
net and would be very cheap for each individual." He asked if
he is correct in this assumption.
REPRESENTATIVE ROKEBERG said that he thinks Representative
Crawford's assumption is correct. He also stated that he wants
to clarify that point with Mr. Lohr later. He stated his
concern over the high fiscal note if, in fact, money has been
paid in previously. He offered that this is because it's all
done on an actuarial basis, not a current-cost basis.
Number 1106
CHAIR MURKOWSKI commented that perhaps the committee would
receive some additional research on this topic.
MR. BELL said when actuaries do evaluations, they don't look at
the obligations item by item, but at the total - the aggregate.
RESPECTIVE ROKEBERG said it shouldn't be looked at again if it
wasn't taken into account before.
MR. BELL pointed out that something is being added.
Number 1048
BOB LOHR, Director, Division of Insurance, Department of
Community and Economic Development, said, "It was really just a
non-substantive procedural comment that if it turns out that
they have been actuarially pre-funded, possibly transitional
language and temporary professional acts would be one way to
handle that, but I'm sure Representative Rokeberg is aware of
that." He said that [the Division of Insurance's] conceptual
support for HB 290 is based on the notion that by broadening the
applicability of the assessment, it would in fact bring the
rates down for all payers into the ACHIA fund.
REPRESENTATIVE ROKEBERG asked Mr. Lohr, "Is it your belief that
we can go to those organizations that have stop-loss now?"
MR. LOHR said that is correct and "we do believe you can go
there." He referred to a letter from Signe Anderson, Assistant
Attorney General, Fair Business Practices Section, Department of
Law, who responded to the question relating to the applicability
of ERISA and possible pre-emption. He said:
We do believe that stop-loss policies are reachable,
and in fact other states have successfully included
them in the assessment base through a comparable
program in those states. And to my knowledge there
has not been a legal challenge - let alone a
successful legal challenge - against that it is
somehow violative of ERISA, or preempted by ERISA.
MR. LOHR offered that it's important in the rate design of this
assessment to ensure that stop-loss coverage doesn't become
unaffordable or do anything to drive it out of the state. He
said, "It is an important insurance feature, and you certainly
would not want to assess it unduly in some fashion that might
jeopardize the availability of the coverage." He commented that
he thought it could be handled rather carefully in the design of
the actual assessment figures themselves.
Number 0895
REPRESENTATIVE ROKEBERG asked Mr. Lohr if he could request his
council to look into that, or to provide a letter regarding
that.
MR. LOHR said, "We can certainly ask her to supplement the
opinion." He stated that all of the available literature that
[the Division of Retirement & Benefits] has reviewed suggests
that this is a viable method of assessing premiums for the
competence of health insurance programs, and that practice is
active and growing in several states.
Number 0855
REPRESENTATIVE ROKEBERG stated that he is leaning towards trying
to expand the definition of "those that offer major medical
coverage." He referred to the situation that Mr. George brought
up with AFLAC.
MR. LOHR said that he would be happy to work with
[Representative Rokeberg] on that. He offered that generally
the broader the base, the better the managing of the impact on
the private insurance market and on all payers into the
assessment would be.
REPRESENTATIVE ROKEBERG said that he has spoken with Mr. Bell
about "bringing the University of Alaska in, and the other union
trusts that weren't already covered." He commented that several
of them already are [included] because they are underwritten or
they have stop-loss coverage and are already paying into ACHIA.
Number 0709
JACK McRAE, Blue Cross Blue Shield of Alaska, testified via
teleconference and said, "We're very supportive of the
legislation that will broaden this pool." He explained that
[Blue Cross Blue Shield of Alaska's] costs in Alaska run
approximately $1 million a year into the pool. He said that in
2002 it looks as if [Blue Cross Blue Shield of Alaska's] payment
into the pool will just about double to a $2 million figure. He
offered that "with other (indisc.) going self-insured, there
seems to be an inequity of that burden being put on just the
members of our commercial market place up there." Mr. McRae
said that Blue Cross Blue Shield would like to work with the
committee in any way possible to work through some legislation
in this area.
MR. McRAE addressed the issue of stop-loss and said, "In
Washington State they did tax stop-loss last session, I believe,
or it could be the session before, at a different formula than
the commercial carriers. But there hasn't been any problem down
here, to the best of my knowledge, with the stop-loss carriers
being part of the pool."
Number 0645
REPRESENTATIVE ROKEBERG asked, "Were they taxed as part of their
guaranteed program, or for other purposes?"
MR. McRAE said that he would have to check the legislation, but
he believes that the rate at which they were taxed was one-tenth
of what the commercial carriers were taxed at.
REPRESENTATIVE ROKEBERG asked Mr. McRae if he'd said that a
different rate was added.
Number 0616
MR. McRAE said that they are paying at a lower rate than what
the commercial carriers are paying into the pool. He mentioned
that the logic behind this was to make sure that the burden is
such that stop-loss carriers aren't chased out of the state
because it is a fragile marketplace.
REPRESENTATIVE ROKEBERG asked Mr. McRae if he could also look at
the issue of assessment by premium versus covered lives. He
said that he would be looking at that issue also. He also asked
what percentage of the market Blue Cross Blue Shield has, since
it makes up about $2 million of the premium.
MR. McRAE said that with 85,000 lives covered in Alaska, not
including a federal program, Blue Cross Blue Shield has just
about 50 percent of the marketplace, although it goes back and
forth between 50 and 51 percent.
REPRESENTATIVE ROKEBERG asked Mr. Wiggins if Aetna's 3.6 percent
of the marketplace in Alaska includes its third-party
administration.
MIKE WIGGINS, Vice President, National Accounts, Aetna,
testified via teleconference. He said, "The majority of Aetna's
business here is self-funded groups, not just the state. And
I'm saying [Mr. McRae] and I are wrestling back and forth, but
with the loss of GGU [General Government Unit] last year, we're
probably about 20,000 less than he is." He added that Aetna is
definitely a significant player in the marketplace and covers a
lot of the significant employers that have home offices in the
Lower 48, for example, some of the oil companies.
Number 0440
REPRESENTATIVE ROKEBERG asked, "How about the non-ERISA? How
many do you have there?"
MR. WIGGINS said, "Well, I think the state's non-ERISA, so
that's the only one I know. Most all of our other funded
groups, as far as I know, are all ERISA-exempt."
REPRESENTATIVE ROKEBERG said that the state is ERISA-exempt.
MR. WIGGINS said that it's always a question, and he doesn't
have an opinion on that. He commented on the fragile stop-loss
market, and said:
I agree with that; it's a fragile market up in Alaska,
and maybe it's just an education on the type of
coverage we're talking about, but a stop-loss carrier
doesn't get a large premium. He may be carrying a
specific stop-loss at a level, let's say, $250,000,
and his premium may be 10 bucks, and so he's doing
assessment on a per-covered-life [basis]. That
doesn't make a whole lot of sense if that's the way
you're going to do the apportionment.
REPRESENTATIVE ROKEBERG said, "It would be better as a premium
tax, then, rather than a covered (indisc.)."
Number 0361
MR. WIGGINS said, "Yes, I totally agree with you, that it's a
premium tax, but right now it's written on a per-head [basis],
and as it's written here, we'll have some difficulty and
definitely could hurt the marketplace for stop-loss carriers."
REPRESENTATIVE ROKEBERG asked, "Where are we now? We're on the
premium, I thought, right?"
Number 0290
CHAIR MURKOWSKI said that the sponsor has asked to hold [HB 290]
over as he continues to work through the process on it. She
added that there has been some good information that the
committee has benefited from.
REPRESENTATIVE ROKEBERG said that it isn't his intention, but
there are "a few complex issues and ... could be some very
political and technical applications, which there really
shouldn't be. That's not my intention." He said that he is
really pleased that the administration has indicated general
conceptual support for [HB 290] because "that shows that we can
make this a bipartisan thing and this is not intended to hurt,
like, the union trust." He mentioned that [HB 290] is to make
sure everybody equitably is paying into this very important
program that needs to continue and which is growing, and that
insurance needs to be available for everybody in the state. He
said that there is testimony that Blue Cross is paying half the
premium at $2 million a year. He summarized by saying that "we
need to expand that base of contribution into the program, and
to make sure it's a viable program for the future."
Number 0159
CHAIR MURKOWSKI thanked Representative Rokeberg for bringing the
bill forward. [HB 290 was held over.]
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
4:55 p.m.
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