Legislature(2023 - 2024)BARNES 124
03/03/2023 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB63 | |
| HB57 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 29 | TELECONFERENCED | |
| += | HB 57 | TELECONFERENCED | |
| += | HB 63 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE LABOR AND COMMERCE STANDING COMMITTEE
March 3, 2023
3:15 p.m.
MEMBERS PRESENT
Representative Jesse Sumner, Chair
Representative Justin Ruffridge, Vice Chair
Representative Mike Prax
Representative Dan Saddler
Representative Ashley Carrick
MEMBERS ABSENT
Representative Stanley Wright
Representative Zack Fields
COMMITTEE CALENDAR
HOUSE BILL NO. 63
"An Act repealing the Workers' Compensation Appeals Commission;
relating to decisions and orders of the Workers' Compensation
Appeals Commission; relating to superior court jurisdiction over
appeals from Alaska Workers' Compensation Board decisions;
repealing Rules 201.1, 401.1, and 501.1, Alaska Rules of
Appellate Procedure, and amending Rules 202(a), 204(a) - (c),
210(e), 601(b), 602(c) and (h), and 603(a), Alaska Rules of
Appellate Procedure; and providing for an effective date."
- HEARD & HELD
HOUSE BILL NO. 57
"An Act relating to review organizations and permitting an
emergency medical services provider to establish a review
organization; and relating to patient records."
- MOVED HB 57 OUT OF COMMITTEE
HOUSE BILL NO. 29
"An Act relating to insurance discrimination."
-BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 63
SHORT TITLE: REPEAL WORKERS' COMP APPEALS COMMISSION
SPONSOR(s): REPRESENTATIVE(s) RAUSCHER
02/06/23 (H) READ THE FIRST TIME - REFERRALS
02/06/23 (H) L&C, JUD
02/17/23 (H) L&C AT 3:15 PM BARNES 124
02/17/23 (H) Heard & Held
02/17/23 (H) MINUTE(L&C)
03/03/23 (H) L&C AT 3:15 PM BARNES 124
BILL: HB 57
SHORT TITLE: EMERGENCY MED. SVCS: REVIEW ORGANIZATIONS
SPONSOR(s): REPRESENTATIVE(s) WRIGHT
02/03/23 (H) READ THE FIRST TIME - REFERRALS
02/03/23 (H) L&C, HSS
02/17/23 (H) L&C AT 3:15 PM BARNES 124
02/17/23 (H) Heard & Held
02/17/23 (H) MINUTE(L&C)
03/03/23 (H) L&C AT 3:15 PM BARNES 124
WITNESS REGISTER
BRIAN WEBB, representing self
Anchorage, Alaska
POSITION STATEMENT: Gave public testimony in support of HB 57.
DR. JOSEPH LIVENGOOD, representing self
Fairbanks, Alaska
POSITION STATEMENT: Gave public testimony during the hearing on
HB 57.
MIO RHEIN, Captain
South Tongass Fire Department
Ketchikan, Alaska
POSITION STATEMENT: Gave public testimony during the hearing on
HB 57.
ACTION NARRATIVE
3:15:32 PM
CHAIR JESSE SUMNER called the House Labor and Commerce Standing
Committee meeting to order at 3:15 p.m. Representatives
Carrick, Ruffridge, Saddler, and Sumner were present at the call
to order. Representative Prax arrived as the meeting was in
progress.
HB 63-REPEAL WORKERS' COMP APPEALS COMMISSION
3:16:01 PM
CHAIR SUMNER announced that the first order of business would be
HOUSE BILL NO. 63, "An Act repealing the Workers' Compensation
Appeals Commission; relating to decisions and orders of the
Workers' Compensation Appeals Commission; relating to superior
court jurisdiction over appeals from Alaska Workers'
Compensation Board decisions; repealing Rules 201.1, 401.1, and
501.1, Alaska Rules of Appellate Procedure, and amending Rules
202(a), 204(a) - (c), 210(e), 601(b), 602(c) and (h), and
603(a), Alaska Rules of Appellate Procedure; and providing for
an effective date."
3:16:05 PM
CHAIR SUMNER opened public testimony on HB 63. After
ascertaining that nobody wished to testify, he closed public
testimony.
3:16:30 PM
CHAIR SUMNER announced that HB 63 was held over.
HB 57-EMERGENCY MED. SVCS: REVIEW ORGANIZATIONS
3:16:38 PM
CHAIR SUMNER announced that the final order of business would be
HOUSE BILL NO. 57, "An Act relating to review organizations and
permitting an emergency medical services provider to establish a
review organization; and relating to patient records."
3:16:44 PM
CHAIR SUMNER opened public testimony on HB 57.
3:17:03 PM
BRIAN WEBB, representing self, reiterated the importance of
including emergency medical services (EMS) personnel in privacy
laws Their inclusion is an important part of EMS recruitment and
retention. He stated that quarterly EMS review meetings can be
"uncomfortable" because topics being discussed are not provided
with the same protections that are available as other healthcare
institutions such as hospitals or clinical review organizations.
He said that is vital for training and improving care that EMS
providers are offered the same protections. Without the
protections, those on the outside of EMS care that may not
understand the process are able to use what is said during the
meetings against EMS personnel in litigation. He concluded that
several other states have already enacted such protections.
3:20:26 PM
REPRESENTATIVE CARRICK asked if there were any other medical
professionals other than EMS not covered by these protections
that should be.
MR. WEBB answered that he is unsure but believes that EMS
providers are the only providers not covered by these
protections. In response to a follow-up question, he said that
these protections are specific to healthcare providers and do
not include other industries.
3:22:10 PM
REPRESENTATIVE PRAX asked what level of familiarity Mr. Webb has
with volunteer fire departments.
MR. WEBB answered that he has been a member of several volunteer
fire departments. In response to a follow-up question, he
answered that volunteer fire departments do conduct the same
types of meetings.
3:23:39 PM
REPRESENTATIVE CARRICK asked why podiatrists are specifically
listed in the bill, and why naturopaths are not.
MR. WEBB answered that the language of the bill comes from an
attempt to pass a similar bill in 2015. In response to a
follow-up question, he stated that he is unsure why podiatrists
are specifically listed in the bill.
3:25:54 PM
DR. JOSEPH LIVENGOOD, representing self, stated that he is an
acute care surgeon and medical director for several agencies
around the state. He stated that HB 57 would allow EMS
personnel to have candid discussions about the care they provide
to patients without the fear that what is said in those
discussions will be useable in potential litigation. The
proposed legislation would not suppress information or make it
impossible to sue for medical malpractice.
3:27:57 PM
REPRESENTATIVE SADDLER asked whether Dr. Livengood knew of any
cases in which an EMS provider was held liable for something
they said during a review meeting.
DR. LIVENGOOD answered that the number of complaints has
"skyrocketed" over the last couple of years. He added that in
Colorado, there have been lawsuits over the use of ketamine to
help with "agitated" patients. In response to a follow-up
question, he stated that he did not have a specific case to
which he could refer.
3:31:00 PM
MIO RHEIN, Captain, South Tongass Fire Department, stated that
the South Tongass Fire Department is a "combination" fire
department, meaning that it is made up of paid employees and
volunteers. He stated that the expectations in both performance
and certifications are growing for EMS providers. The fear of
litigation is generated more from the potential of cases than
known cases but is growing among EMS providers. He said that
not having the ability to discuss ways of improving patient care
without fear of litigation prevents EMS personnel from improving
their abilities, especially among volunteers.
3:34:49 PM
REPRESENTATIVE SADDLER asked how often the reviews are
conducted.
MR. RHEIN answered that each EMS call is reviewed and given a
deeper review if needed. In response to a follow-up question,
he stated that there can be more than one way to treat a patient
and it is not always clear which is the absolute best way to do
so. He added that even when a good outcome is achieved, it is
possible that there was a better treatment available, and there
is concern for EMS personnel that such information could be used
against them.
3:39:16 PM
CHAIR SUMNER closed public testimony on HB 57 after ascertaining
that no one else wished to testify.
3:39:57 PM
REPRESENTATIVE RUFFRIDGE moved to report HB 57 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 57 was reported out of the
House Labor and Commerce Standing Committee.
3:40:28 PM
ADJOURNMENT
There being no further business before the committee, the House
Labor and Commerce Standing Committee meeting was adjourned at
3:40 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Letters of Opposition HB63.pdf |
HL&C 3/3/2023 3:15:00 PM |
HB 63 |