Legislature(1993 - 1994)

04/06/1994 01:38 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
    SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                     
                         April 6, 1994                                         
                           1:38 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Steve Rieger, Chairman                                                
 Senator Bert Sharp, Vice-Chairman                                             
 Senator Loren Leman                                                           
 Senator Mike Miller                                                           
 Senator Jim Duncan                                                            
 Senator Johnny Ellis                                                          
 Senator Judy Salo                                                             
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 All members present.                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 367                                                           
 "An Act relating to health care and insurance for health care; to             
 review and approval of health insurance rates and rating factors;             
 relating to certain civil actions against health care providers; to           
 coordination of insurance benefits and to determination and                   
 disclosure of fees paid to an insured or health care provider; to             
 the rate of interest on certain judgments and decrees; to excise              
 taxes on cigarettes; amending Alaska Rules of Civil Procedure 26,             
 27, 68, 79, and 82 and Alaska Rules of Evidence 802, 803, and 804;            
 repealing Alaska Rule of Civil Procedure 72.1; and providing for an           
 effective date."                                                              
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 367 - See Health, Education & Social Services minutes dated                
          3/28/94 and 3/30/94.                                                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Elmer Lindstrom, Special Assistant                                            
 Department of Health and Social Services                                      
 P.O. Box 110601                                                               
 Juneau, Alaska 99811-0601                                                     
  POSITION STATEMENT:   Suggested adding an alcohol excise tax.                
                                                                               
 Peter Nakamura, Director                                                      
 Division of Public Health                                                     
 Department of Health and Social Services                                      
 P.O. Box 110610                                                               
 Juneau, Alaska 99811-0601                                                     
  POSITION STATEMENT:   Addressed the need for public health.                  
                      Offered an amendment.                                    
 Nancy Usera, Commissioner                                                     
 Department of Administration                                                  
 P.O. Box 110200                                                               
 Juneau, Alaska 99811-0200                                                     
  POSITION STATEMENT:   Discussed Amendment 3.                                 
                                                                               
 David Walsh, Director                                                         
 Division of Insurance                                                         
 P.O. Box 110805                                                               
 Juneau, Alaska 99811                                                          
  POSITION STATEMENT:   Reviewed amendments and offered information            
                      regarding SB 367.                                        
                                                                               
 Mike Ford, Legislative Legal Counsel                                          
 Division of Legal Services                                                    
 Legislative Affairs Agency                                                    
 130 Seward Street                                                             
 Juneau, Alaska                                                                
  POSITION STATEMENT:   Offered legal information regarding SB 367.            
                                                                               
 Barbara Thurston, Chief Actuary                                               
 Division of Insurance                                                         
 Juneau, Alaska                                                                
  POSITION STATEMENT:   Answered questions.                                    
                                                                               
 Katy Campbell, Actuary                                                        
 Division of Insurance                                                         
 Juneau, Alaska                                                                
  POSITION STATEMENT:   Discussed various insurance packages.                  
                                                                               
 Dr. Rodman Wilson, Physician                                                  
 800 M Street #5W                                                              
 Anchorage, Alaska 99501                                                       
  POSITION STATEMENT:   Expressed other concerns.                              
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-26, SIDE A                                                            
 Number 007                                                                    
 CHAIRMAN RIEGER called the Senate Health, Education and Social                
 Services (HESS) Committee to order at 1:38 p.m.  He introduced  SB
 367  (HEALTH CARE REFORM COMMITTEES) as the only order of business            
 before the committee.                                                         
                                                                               
 ELMER LINDSTROM, Special Assistant for the Department of Health and           
 Social Services, commended the inclusion of a provision increasing            
 the excise tax on tobacco.  He requested the inclusion of an excise           
 tax increase on alcohol for the same reasons that the tobacco                 
 excise tax was included.  He noted that Governor Hickel had                   
 sponsored legislation dealing with alcohol and tobacco tax                    
 increases.  The rationale is essentially the same in both cases.              
 From the perspective of DHSS, an increase in taxes on alcohol and             
 tobacco would be justified solely on the grounds of public health             
 regardless of the health care or financial environment.  He stated            
 that an increase in taxation of these products would result in a              
 decrease in consumption which would be beneficial for all Alaskans.           
                                                                               
 Mr. Lindstrom said that the cost of alcohol and tobacco use and               
 abuse on the health care system is extraordinary which everyone               
 should understand very well by now.  The increase in excise tax               
 would offset some of those costs to the health care system.  He               
 expressed the need for a prevention aspect when attempting cost               
 containment of health care reform which could be achieved by                  
 decreasing the use and abuse of alcohol and tobacco.  The revenue             
 generated from the increased excise tax could help pay for other              
 aspects of health care reform in SB 367.  He noted that SB 269                
 includes increases in alcohol and tobacco taxes which would bring             
 in approximately $15 million in additional revenues.  He urged                
 consideration of amending SB 367 to include an increase in taxes on           
 alcohol as outlined in SB 269.                                                
                                                                               
 Number 092                                                                    
                                                                               
 SENATOR DUNCAN expressed concern with the cigarette tax paying for            
 this bill.  That would seem to violate the single subject rule of             
 the constitution.  He asked if that had been considered.  He also             
 said that he did have a legal opinion that indicated that this was            
 in violation of the single subject rule which would be a                      
 constitutional matter.                                                        
                                                                               
 CHAIRMAN RIEGER explained that conceptually those issues are a                
 single subject when addressing and considering the health care                
 package.  If later on there is concern that SB 367 would be                   
 jeopardized by the single subject rule, then the bill could be                
 split into sustainable pieces.  He reiterated the importance to               
 consider it as a whole for purposes of debate on health care.                 
                                                                               
 SENATOR DUNCAN agreed that increased taxation on alcohol and                  
 tobacco are important portions of the health care discussion;                 
 however, the constitutional violation is clear.  He noted that he             
 had passed out Mr. Ford's opinion.  He thought it could be                    
 considered together, but in different legislation.  Perhaps, it               
 would not be in the best interest of the legislation, if passage of           
 SB 367 is desired, to have it combined.                                       
                                                                               
 PETER NAKAMURA, Director of the Division of Public Health, said               
 that he was speaking for the Division of Public Health as well as             
 a large coalition of Alaskans who have discussed health care                  
 reform, specifically the issue of health as it applies to health              
 care reform.  In that dialogue, much of the discussion has focused            
 on access to clinical care, financing of health care, etcetera.  He           
 indicated that this coalition and other citizens have practically             
 mandated that the Division of Public Health stay in the dialogue in           
 order to assure that public health is addressed.  He expressed                
 concern with the possibility that health care reform proposals may            
 not address the public health issue.  He recommended that any                 
 health care reform proposal address the issue of developing a                 
 public health improvement plan.  That would identify the core                 
 services and functions while quantifying them in terms of dollars;            
 therefore, allowing meaningful decisions.                                     
                                                                               
 CHAIRMAN RIEGER asked if Dr. Nakamura had any specific amendments             
 that he wanted to propose.  PETER NAKAMURA submitted the amendment            
 which was in the Governor's bill, HB 414.                                     
                                                                               
 Number 181                                                                    
                                                                               
 SENATOR SALO asked if Dr. Nakamura had participated in the process            
 resulting in SB 284 and did it include a good comprehensive public            
 health proposal.  PETER NAKAMURA said yes.  The wording of SB 284             
 basically came from the various health conferences on public                  
 health.                                                                       
                                                                               
 SENATOR DUNCAN asked if Dr. Nakamura felt that SB 367 addressed               
 public health.  PETER NAKAMURA said that SB 367 does not address              
 public health in a manner with which they feel comfortable.                   
                                                                               
 CHAIRMAN RIEGER said that they could take his suggested amendment             
 under advisement.  He felt that this amendment seemed to be fairly            
 soft language.  Some of the provisions of SB 367 were intended to             
 be more concrete in the area of public health.  He pointed out the            
 excise tax on cigarettes, the direction for the benefit plan to               
 review prenatal care and child health issues as examples that                 
 address public health in SB 367.  He stated that he did not oppose            
 what the amendment offered, but the language seemed soft.                     
                                                                               
 PETER NAKAMURA explained that specific service issues such as                 
 immunization, cancer screening, etcetera are very important;                  
 however, the trade-offs must be understood in order to make                   
 meaningful decisions.  Before specific programs are launched, the             
 total need for public health must be known which is what the public           
 health improvement plan addresses.                                            
                                                                               
 CHAIRMAN RIEGER reminded the committee of the previous meeting in             
 which Senator Leman offered two amendments.                                   
                                                                               
 SENATOR LEMAN moved to adopt Amendment 2.                                     
                                                                               
  AMENDMENT 2                                                                
                                                                               
 Page 19, after line 27:                                                       
  Insert new paragraph to read:                                                
   "(3) health care services that may not be covered include                   
  elective abortions;"                                                         
                                                                               
 Renumber the following paragraphs accordingly.                                
                                                                               
 CHAIRMAN RIEGER objected.                                                     
                                                                               
 SENATOR LEMAN explained that Amendment 2 eliminates the provision             
 of health services for elective abortions in the basic package.  He           
 felt that asking all taxpayers to pay for something they find                 
 objectionable was inappropriate.  In his opinion, Amendment 2 is              
 the Pro-Choice position because this allows people the choice of              
 whether to select this or not rather than mandating that everyone             
 pay for it.  He expressed his view that elective abortions do not             
 have anything to do with health care.  This amendment seems to be             
 consistent with SB 367.  He urged their support for Amendment 2.              
                                                                               
 SENATOR SALO felt that Amendment 2 was inconsistent with SB 367               
 because there is no defined benefits package in SB 367.  Amendment            
 2 is not a Pro-Choice position.  She explained that it would only             
 be a Pro-Choice position for women with money.  She objected to               
 Amendment 2.                                                                  
                                                                               
 Number 270                                                                    
                                                                               
 CHAIRMAN RIEGER called for a hand vote on Amendment 2.  Senators              
 Leman and Miller voted "yea" and Senators Sharp, Rieger, Salo,                
 Duncan, and Ellis voted "no."  The motion failed.                             
                                                                               
 CHAIRMAN RIEGER offered Amendment 3.  He explained that the                   
 Administration had suggested that the advisory committee be located           
 in the Department of Commerce and Economic Development instead of             
 the Office of the Governor.                                                   
                                                                               
  AMENDMENT 3                                                                
 Page 19, lines 1-2:                                                           
  Delete "Office of the Governor"                                              
  Insert "Department of Commerce and Economic Development"                     
                                                                               
 Page 21, line 24:                                                             
  Delete "Office of the Governor"                                              
  Insert "Department of Commerce and Economic Development"                     
                                                                               
 NANCY USERA, Commissioner of the Department of Administration,                
 explained that the advisory committees outlined in SB 367 are very            
 task specific.  All of the other responsibilities in SB 367 are               
 located in the Department of Commerce.  She felt keeping everything           
 in one area would be valuable and more cost effective.                        
                                                                               
 SENATOR ELLIS asked if the Commissioner of the Department of                  
 Commerce had expressed an opinion on this amendment.  NANCY USERA             
 said that this was at the request of the Administration.  Ms. Usera           
 clarified that she was a spokesperson for the Administration on               
 health care issues.                                                           
                                                                               
 SENATOR ELLIS stated that it appeared to him that when something is           
 moved from the Office of the Governor to a department, there is a             
 perception of less importance of the task.                                    
                                                                               
 CHAIRMAN RIEGER called for a hand vote on Amendment 3.  Senators              
 Miller and Sharp voted "Yea" and Senators Duncan, Ellis, Salo and             
 Leman voted "Nay."  The motion failed.                                        
                                                                               
 CHAIRMAN RIEGER offered Amendment 4.  He explained that he had                
 received correspondence suggesting that the parties should have an            
 opportunity to agree on an arbitrator before the Court appoints               
 one.  Amendment 4 would place that process in the scheme of                   
 arbitration.                                                                  
                                                                               
  AMENDMENT 4                                                                
                                                                               
 Page 5, line 11, after "shall":                                               
  Insert "determine if the parties can agree on an arbitrator to               
 review the claim.  If the parties agree on an arbitrator, the court           
 shall appoint that person to review the claim.  If within 30 days             
 after the filing of an answer to the complaint the parties have not           
 agreed on an arbitrator, the court shall"                                     
                                                                               
 SENATOR ELLIS asked if any of these amendments were responsive to             
 Dr. Rodman Wilson's written comments.  CHAIRMAN RIEGER said he did            
 not know, he did not believe the amendment corresponded to Dr.                
 Wilson's concerns.                                                            
                                                                               
 Hearing no objection, Amendment 4 was adopted.                                
                                                                               
 CHAIRMAN RIEGER explained that Amendment 5 would clarify the                  
 ambiguity of the sequence of events regarding arbitration.                    
 Amendment 5 would have the arbitration occur first, if there was no           
 resolution the arbitration would move into the Court process with             
 the expert advisor.  He pointed out a typographical error in the              
 amendment; "[AGREED TO]" should be "[NOT AGREED TO]."                         
                                                                               
  AMENDMENT 5                                                                
                                                                               
 Page 6, lines 10-11:                                                          
  Delete "[WHEN THE PARTIES HAVE NOT AGREED TO ARBITRATION OF                  
 THE CLAIM UNDER AS 09.55.535,]"                                               
  Insert " after  [WHEN] the parties have  completed  [NOT AGREED     D    
 TO] arbitration of the claim under AS 09.55.535."                             
                                                                               
 Page 6, lines 12-13:                                                          
  Delete "within 20 days after filing of answer to a summons and               
 complaint  an expert medical advisor  [A THREE-PERSON EXPERT ADVISOR   SOR  
 PANEL]"                                                                       
  Insert " an expert medical advisor  within 20 days after                   
  completion of arbitration  [FILING OF ANSWER TO A SUMMONS AND              
 COMPLAINT A THREE-PERSON EXPERT ADVISORY PANEL]"                              
                                                                               
 Hearing no objection, Amendment 5 was adopted.                                
                                                                               
 Number 388                                                                    
                                                                               
 CHAIRMAN RIEGER explained that Amendment 6 would change the                   
 Division of Insurance's approval of rates.  Amendment 6 would give            
 the division 90 days to review and disapprove a rate.  He noted               
 that Amendment 6 addresses the concern that with prior approval,              
 the Division of Insurance could sit on rate filing forever.                   
                                                                               
  AMENDMENT 6                                                                
                                                                               
 Page 8, line 21, through page 9, line 3:                                      
  Delete all material and insert:                                              
   "Sec. 21.51.350.  PREMIUM RATES AND RATING FACTORS.  (a) A                  
  disability insurer                                                           
    (1) shall file with the director rates or rating                           
   factors for disability insurance at least 90 days before                    
   the intended effective date of the rate or rating factor;                   
   and                                                                         
    (2) may not use a rate or rating factor that has not                       
   been filed with the director as required under this                         
   subsection.                                                                 
   (b) A rate or rating factor not disapproved by the                          
  director before the intended effective date of the rate or                   
  rating factor is considered approved by the director."                       
                                                                               
 Page 11, after line 29:                                                       
  Insert new bill sections to read:                                            
  " *Sec. 9.  AS 21.86.070(g) is amended to read:                              
   (g) The director may require that additional relevant                       
  material considered necessary by the director be submitted in                
  order to determine the acceptability of a filing made under                  
  [EITHER] (b) [OR (e)] of this section.                                       
   *Sec. 10.  AS 21.86 is amended by adding a new section to read:             
   Sec. 21.86.075.  PREMIUM RATES AND CHARGES.  (a) A health                   
  maintenance organization                                                     
    (1) shall file with the director rates, rating                             
   factors, premiums, fees for services, and enrollee fees,                    
   including a change to a rate, rating factor, premium, or                    
   fee, used in providing health care services to enrollees                    
   of the health maintenance organization; a filing required                   
   under this paragraph must be made at least 90 days before                   
   the intended effective date of the filing; and                              
    (2) may not use a rate, rating factor, premium, or                         
   fee that has not been filed with the director as required                   
   under this subsection.                                                      
   (b) A filing under this section not disapproved by the                      
  director before its intended effective date is considered                    
  approved by the director."                                                   
                                                                               
 Renumber the following bill sections accordingly.                             
                                                                               
 Page 12, after line 5:                                                        
  Insert a new bill section to read:                                           
  " *Sec. 12.  AS 21.87.190 is repealed and reenacted to read:                 
   Sec. 21.87.190.  RATES AND CHARGES . (a) A service                          
  corporation                                                                  
    (1) shall file with the director subscription rates,                       
   rating factors, fees, and payment charges, including a                      
   change to a rate, rating factor, fee, or payment charge,                    
   to be charged to or on account of the service                               
   corporation's subscribers; a filing required under this                     
   paragraph must be made at least 90 days before the                          
   intended effective date of the filing; and                                  
    (2) may not use a rate, rating factor, fee, or                             
   payment charge that has not been filed with the director                    
   as required under this subsection.                                          
   (b) A filing under this section not disapproved by the                      
  director before its intended effective date is considered                    
  approved by the director."                                                   
                                                                               
 Renumber the following bill sections accordingly.                             
                                                                               
 Page 18, line 22:                                                             
  Delete "Sections 9, 10, and 11"                                              
  Insert "Sections 11, 13, and 14"                                             
                                                                               
 Page 22, after line 24:                                                       
  Insert a new bill section to read:                                           
  " *Sec. 22.  AS 21.86.070(e) and 21.86.070(f) are repealed."                 
                                                                               
 Renumber the following bill sections accordingly.                             
                                                                               
 Page 23, line 7:                                                              
  Delete "Section 18"                                                          
  Insert "Section 21"                                                          
                                                                               
 Page 23, line 10:                                                             
  Delete "Sections 16 and 17"                                                  
  Insert "Sections 19 and 20"                                                  
                                                                               
 SENATOR ELLIS asked what the sanction would be if the approval is             
 not done in 90 days.  CHAIRMAN RIEGER said that in that case it               
 would be considered approved.  SENATOR ELLIS asked if the division            
 could appeal that.                                                            
                                                                               
 DAVID WALSH, Director of the Division of Insurance, said that under           
 Amendment 6 and prior approval the division has a specified amount            
 of time and if they do not make a decision then the rates are                 
 deemed approved.  He said that there had never been a case when the           
 time limit was reached and the rates had to be deemed approved.               
                                                                               
 SENATOR DUNCAN asked Mr. Walsh what he meant by prior approval.               
 DAVID WALSH clarified that he was referring to prior approval as              
 with other insurances.                                                        
                                                                               
 SENATOR LEMAN felt that Amendment 6 would be an improvement.  He              
 asked if they had already considered an amendment on a file and use           
 approach which he believes would be better than Amendment 6.                  
 CHAIRMAN RIEGER did not have a problem with the sequence of the               
 amendments or suggested language regarding this issue.                        
                                                                               
 Hearing no objection, Amendment 6 was adopted.                                
                                                                               
 CHAIRMAN RIEGER explained that Amendment 7 would take a similar               
 approach to that of SB 284 regarding the compensation of the                  
 members of the advisory committee.  There would be a daily                    
 compensation of $400.                                                         
                                                                               
  AMENDMENT 7                                                                
                                                                               
 Page 19, after line 13:                                                       
  Insert a new subsection to read:                                             
   "(c) A committee member is entitled to receive                              
  compensation at the rate of $400 a day for each day spent in                 
  performing duties as a committee member and to travel and per                
  diem expenses authorized by law for boards and commissions                   
  under AS 39.20.180."                                                         
                                                                               
 Renumber the following sections accordingly.                                  
                                                                               
 Page 20, line 20:                                                             
  Delete "(d)(1)-(5)"                                                          
  Insert "(e)(1)-(5)"                                                          
                                                                               
 Page 21, after line 31:                                                       
  Insert a new subsection to read:                                             
   "(b) A committee member is entitled to receive                              
  compensation at the rate of $400 a day for each day spent in                 
  performing duties as a committee member and to travel and per                
  diem expenses authorized by law for boards and commissions                   
  under AS 39.20.180."                                                         
                                                                               
 Reletter the following sections accordingly.                                  
                                                                               
 Number 440                                                                    
                                                                               
 CHAIRMAN RIEGER offered Amendment 7.  Hearing no objection,                   
 Amendment 7 was adopted.                                                      
                                                                               
 SENATOR MILLER offered Amendment 8.  He noted earlier discussion on           
 the single subject rule which he felt should be left for the                  
 committee to discuss.  He believed that Amendment 8 fits under                
 health care.  Amendment 8 would lower the alcohol for driving to              
 .08.                                                                          
                                                                               
  AMENDMENT 8                                                                
                                                                               
 Page 1, line 5, after " provider; ":                                          
  Insert " relating to the offense of operating a commercial                   
  motor   vehicle, aircraft, or watercraft while intoxicated;                  
  relating to presumptions arising from the amount   of alcohol in             
  a person's breath or blood; relating "                                       
                                                                               
 Page 17, after line 13:                                                       
  Insert new bill sections to read:                                            
  " *Sec. 12.  AS 28.33.030(a) is amended to read:                             
   (a) A person commits the crime of operating a commercial                    
  motor vehicle while intoxicated if the person operates a                     
  commercial motor vehicle                                                     
    (1) while under the influence of intoxicating liquor                       
   or any controlled substance;                                                
    (2) when, as determined by a chemical test taken                           
   within four hours after the alleged offense was                             
   committed, there is  at the time the test is taken  0.04                  
   percent or more by weight of alcohol in the person's                        
   blood or 40 milligrams or more of alcohol per 100                           
   milliliters of blood, or when there is 0.04 grams or more                   
   of alcohol per 210 liters of the person's breath; or                        
    (3) while under the combined influence of                                  
   intoxicating liquor and a controlled substance.                             
   *Sec. 13.  AS 28.35.030(a) is amended to read:                              
   (a) A person commits the crime of driving while                             
  intoxicated if the person operates or drives a motor vehicle                 
  or operates an aircraft or a watercraft                                      
    (1) while under the influence of intoxicating                              
   liquor, or any controlled substance;                                        
    (2) when, as determined by a chemical test taken                           
   within four hours after the alleged offense was                             
   committed, there is  at the time the test is taken 0.08                   
   [0.10] percent or more by weight of alcohol in the                          
   person's blood or  80  [100] milligrams or more of alcohol                
   per 100 milliliters of blood, or when there is  0.08                      
   [0.10] grams or more of alcohol per 210 liters of the                       
   person's breath; or                                                         
    (3) while the person is under the combined influence                       
   of intoxicating liquor and a controlled substance.                          
   *Sec. 14.  AS 28.35.033(a) is amended to read:                              
   (a) Upon the trial of a civil or criminal action or                         
  proceeding arising out of acts alleged to have been committed                
  by a person while operating or driving a motor vehicle or                    
  operating an aircraft or a watercraft while intoxicated, the                 
  amount of alcohol in the person's blood or breath at the time                
  alleged shall give rise to the following presumptions:                       
    (1) If there was  0.04  [0.05] percent or less by                        
   weight of alcohol in the person's blood, or  40  [50]                     
   milligrams or less of alcohol per 100 milliliters of the                    
   person's blood  0.04  [0.05] grams or less of alcohol per                 
   210 liters of the person's breath, it shall be presumed                     
   that the person was not under the influence of                              
   intoxicating liquor.                                                        
    (2) If there was in excess of  0.04  [0.05] percent                      
   but less than  0.08  [0.10] percent by weight of alcohol in               
   the person's blood, or in excess of  40  [50] but less than               
    80  [100] milligrams of alcohol per 100 milliliters of the               
   person's blood, or in excess of  0.04  [0.05] grams but                   
   less than  0.08  [0.10] grams of alcohol per 210 liters of                
   the person's breath, that fact does not give rise to any                    
   presumption that the person was or was not under the                        
   influence of intoxicating liquor, but that fact may be                      
   considered with other competent evidence in determining                     
   whether the person was under the influence of                               
   intoxicating liquor.                                                        
    (3) [REPEALED                                                              
    (4)] If there was  0.08  [0.10] percent or more by                       
   weight of alcohol in the person's blood, or  80  [100]                    
   milligrams or more of alcohol per 100 milliliters of the                    
   person's blood, or  0.08  [0.10] grams or more of alcohol                 
   per 210 liters of the person's breath, it shall be                          
   presumed that the person was under the influence of                         
   intoxicating liquor.                                                        
                                                                               
   *Sec. 15.  AS 28.35.033(c) is amended to read:                              
   (c) The provisions of (a) of this section                                   
     (1)  may not be construed to limit the introduction                     
   of any other competent evidence bearing upon the question                   
   of whether the person was or was not under the influence                    
   of intoxicating liquor ; and                                              
     (2)   do not apply to a civil action permitted under                   
   AS 04.21.020. "                                                            
                                                                               
 Page 23, line 7:                                                              
  Delete "Section 18"                                                          
  Insert "Section 22"                                                          
                                                                               
 Page 23, line 10:                                                             
  Delete "Sections 16 and 17"                                                  
  Insert "Sections 20 and 21"                                                  
 SENATOR DUNCAN reiterated the issue of having multiple subjects in            
 one bill which would create a constitutional problem.  He said that           
 he would support the amendment.                                               
                                                                               
 Hearing no objection, Amendment 8 was adopted.                                
                                                                               
 CHAIRMAN RIEGER directed the committee to the letter from Dr.                 
 Rodman Wilson.  He suggested reviewing his proposals for possible             
 amendments of the committee.  The committee began to go through Dr.           
 Wilson's suggestions.                                                         
 SENATOR ELLIS moved Amendment 9 for purposes of discussion.                   
                                                                               
  AMENDMENT 9                                                                
                                                                               
 Page 5, line 20, after "a":                                                   
  Insert "written"                                                             
                                                                               
 Hearing no objection, Amendment 9 was adopted.                                
                                                                               
 SENATOR ELLIS moved Amendment 10.                                             
                                                                               
 SENATOR DUNCAN did not believe that Amendment 10 was in the context           
 of the bill.  CHAIRMAN RIEGER said that the amendment could be                
 reduced to the singular by saying "the specialty represented by the           
 medical expert" or the amendment could refer to "the specialty of             
 the expert."  Chairman Rieger asked what the difference would be.             
                                                                               
 Number 506                                                                    
                                                                               
 MIKE FORD, Legislative Legal Counsel for the Division of Legal                
 Services, explained that originally the sentence was intended to              
 allow the Court to determine what specialties are on the panel and            
 then allow parties to make suggestions to the panel.  Even with the           
 amendment, it does not fit because it changes to a single person.             
 He thought that this section may need some additional work.  He               
 suggested eliminating the issue of specialty.                                 
                                                                               
 CHAIRMAN RIEGER felt that adopting Amendment 10 would not do any              
 damage.  MIKE FORD agreed that if the language said, "represented             
 by the medical expert" it should work.                                        
                                                                               
 SENATOR ELLIS withdrew Amendment 10.                                          
                                                                               
 SENATOR DUNCAN clarified the revised version of the amendment, now            
 Amendment 10A.                                                                
                                                                               
 SENATOR ELLIS moved to adopt Amendment 10A                                    
                                                                               
  AMENDMENT 10A                                                              
                                                                               
 Page 6, line 15:                                                              
  Delete "professions or specialties to be"                                    
  Insert "profession or specialty"                                             
                                                                               
 Hearing no objection, Amendment 10A was adopted.                              
                                                                               
 MIKE FORD explained that Dr. Wilson's question regarding the use of           
 "must" versus "shall" page 7, lines 10, 12, 13 was the appropriate            
 style for Alaska's statutes.  He addressed Dr. Wilson's next                  
 concern with the discovery issue.  Dr. Wilson's suggestion would              
 eliminate a provision prohibiting discovery until the expert                  
 advisor completes their report.  He noted an exception to that if             
 good cause is shown.  It would stop the process until the expert              
 advisor completes his work.                                                   
                                                                               
 CHAIRMAN RIEGER asked if this had been suggested in a bill                    
 introduced last year.                                                         
                                                                               
 MIKE FORD recommended that this provision be kept because it                  
 prohibits the Court process while the arbitration for the expert              
 advisor processes are occurring.                                              
                                                                               
 SENATOR DUNCAN offered Amendment 11.  CHAIRMAN RIEGER objected.               
                                                                               
  AMENDMENT 11                                                               
                                                                               
 Page 8:                                                                       
  Delete lines 1-3                                                             
                                                                               
 Page 23:                                                                      
  Delete lines 1-3                                                             
                                                                               
 SENATOR DUNCAN asked if this provision had been introduced as                 
 legislation resulting from the task force last year.                          
                                                                               
 DEBORAH GRAVO, Executive Director of the Alaska Trollers,                     
 recollected that this issue had been discussed in the task force              
 and the amendment was well received.  She said that she thought               
 that the medical community was in favor of the amendment and the              
 trial lawyers did not have any problems with Dr. Wilson's                     
 amendment.  In response to Senator Duncan, Ms. Gravo explained that           
 staying discovery would make the process longer and a little                  
 more expensive.  CHAIRMAN RIEGER reiterated that the court may                
 relax this prohibition if good cause is shown.                                
                                                                               
 CHAIRMAN RIEGER maintained his objection.  Upon a hand vote                   
 Senators Salo, Ellis, and Duncan voted "Yea" and Senators Miller,             
 Leman, Sharp, and Rieger voted "No."  The motion failed.                      
                                                                               
 TAPE 94-26, SIDE B                                                            
 Number 592                                                                    
                                                                               
 CHAIRMAN RIEGER explained Dr. Wilson's next suggestion.  Dr. Wilson           
 suggested that the expert advisor receive a stipend of $500.                  
 Currently, SB 367 allows a $300 per day expert witness fee which              
 would only be on the witness day.  Chairman Rieger offered                    
 Amendment 12.                                                                 
                                                                               
   SENATOR MILLER asked if this was only a substitution from " $300   00  
 $500.  CHAIRMAN RIEGER believed that the $300 was an expert fee on            
 the day of the trial while Dr. Wilson's suggestion referred to work           
 other than the trial day.  Chairman Rieger felt that Senator                  
 Miller's suggestion would work if line 11 changed the $300 to $500.           
                                                                               
  AMENDMENT 12                                                               
                                                                               
 Page 8, line 11:                                                              
  Delete " $300 "                                                            
  Insert "$500"                                                                
                                                                               
 SENATOR SHARP inquired of the differences in qualifications of the            
 individual receiving $150 per day described in existing statutes              
 and the individual receiving $500 per day.                                    
                                                                               
 CHAIRMAN RIEGER explained that there is already a three person                
 panel provided in statutes.  Each of the members of the panel                 
 receive $150 per day if they testify at the trial.  He said that              
 Amendment 12 would decrease the number of participants involved in            
 the expert advise section of the civil proceedings from 3 to 1.               
 The 1 individual would be paid $500 per day.                                  
                                                                               
 Hearing no objection, Amendment 12 was adopted.                               
                                                                               
 SENATOR MILLER said that some of Dr. Wilson's points were actually            
 editorial comments not specific changes.                                      
                                                                               
 MIKE FORD pointed out that the definition of "Health care service"            
 was actually defined as Dr. Wilson had suggested.  "Health care               
 service" is defined by AS 21.58.400.                                          
                                                                               
 CHAIRMAN RIEGER referred Dr. Wilson's question about actuaries to             
 Mr. Walsh.  DAVID WALSH informed the committee that there are three           
 actuaries in Alaska and the Division of Insurance has two of them.            
 Mr. Walsh noted that there are contracted actuaries outside of                
 Alaska.  Mr. Walsh pointed out that the division's two actuaries              
 took approximately two years to acquire.                                      
                                                                               
 CHAIRMAN RIEGER inquired as to the value of an actuary serving on             
 an advisory committee determining a health care benefit package.              
                                                                               
 Number 510                                                                    
                                                                               
 BARBARA THURSTON, Chief Actuary for the Division of Insurance,                
 stated that actuarial expertise was definitely needed; however, in            
 this case it may be better to contract those actuaries.  She                  
 explained that part of the responsibilities in SB 367 such as                 
 coming up with a benefits package within certain guidelines would             
 necessitate an actuary.  There are consulting firms that do that              
 for other states which may be an option.                                      
                                                                               
 CHAIRMAN RIEGER offered Amendment 13.                                         
                                                                               
  AMENDMENT 13                                                               
                                                                               
 Page 19, line 11:                                                             
  Delete "is an actuary who"                                                   
 SENATOR DUNCAN asked what that would mean; an insurance salesman,             
 a broker.  CHAIRMAN RIEGER said that it could mean any of those;              
 the Governor would choose who to appoint.  SENATOR DUNCAN felt that           
 this would refer to an insurance industry person.  SENATOR ELLIS              
 thought that changing the language to "who has experience with                
 health care insurance" rather than "in health care insurance."                
                                                                               
 SENATOR DUNCAN inquired as to Chairman Rieger's intention with this           
 amendment.  CHAIRMAN RIEGER said that he was flexible.  Chairman              
 Rieger stated that with the amendment the language seemed flexible.           
                                                                               
 Hearing no objection, Amendment 13 was adopted.                               
                                                                               
 CHAIRMAN RIEGER offered Amendment 13 due to previous testimony by             
 Alaska Public Interest Research Group (AKPIRG).                               
                                                                               
  AMENDMENT 14                                                               
                                                                               
 Page 19, lines 4 and 6:                                                       
  Delete " who is employed"                                                    
  Insert " with experience"                                                    
                                                                               
 Page 19, line 8:                                                              
  Delete "who is"                                                              
  Insert "with experience as"                                                  
                                                                               
 Hearing no objection, Amendment 14 was adopted.                               
                                                                               
 SENATOR DUNCAN asked why spouse and dependent children coverage was           
 needed if participation is mandatory by all state residents; the              
 spouse and the dependent children are state residents.  He inquired           
 as to the intent of the $3000 in covered expenses; would that be              
 per individual or per family.                                                 
                                                                               
 CHAIRMAN RIEGER said that it referred to individual policies, but             
 there is a break for a premium when a spouse and a dependent child            
 are part of a family unit.  The premium could be 50 percent of the            
 first individual's cost.  He agreed that it could be implicitly               
 treated that way without specific language.                                   
                                                                               
 SENATOR MILLER posed the example of the military.  In a military              
 situation, a spouse may be or may not be a state resident.  He                
 explained that deleting that language could eliminate those                   
 individuals because they are not state residents.  CHAIRMAN RIEGER            
 agreed that this language would not be superfluous because of                 
 Senator Miller's point.                                                       
                                                                               
 SENATOR DUNCAN stated that participation is mandatory by all state            
 residents.  If a man, a resident of California, in the military               
 comes to Alaska, marries an Alaskan resident.  Under this language,           
 her coverage would include her spouse.                                        
                                                                               
 SENATOR ELLIS gave the example of children of divorce who live out            
 of state with one of the parents while the other parent remains in            
 Alaska; would the out of state children be covered.                           
                                                                               
 Number 425                                                                    
                                                                               
 CHAIRMAN RIEGER thought that using language such as "spouse and               
 dependent children in the state" could be useful.  He asked if                
 there was a difference between "residing in Alaska" and "resident             
 of Alaska."                                                                   
                                                                               
 MIKE FORD noted that the term "residency" had not been defined                
 which is a key point for triggering coverage.                                 
                                                                               
 SENATOR SALO expressed the need to avoid leaving college students             
 uninsured because they resided outside the state.  SENATOR DUNCAN             
 and SENATOR ELLIS both implied that should not be a problem since             
 they would be legal residents of Alaska.  SENATOR SALO felt that              
 would still return to the question of the difference between                  
 "residing in Alaska" and "resident of Alaska."                                
                                                                               
 SENATOR MILLER felt that Chairman Rieger's suggestion was in the              
 correct direction; we may not want to cover dependent children in             
 another state while wanting to cover a dependent spouse physically            
 in the state of Alaska.                                                       
                                                                               
 CHAIRMAN RIEGER asked if inserting ", who are residing in the                 
 state" after the word "children" would correct the problem.                   
 MIKE FORD suggested inserting the following language: "coverage               
 includes spouse and dependent children whether or not they are                
 residents, but who live in the state."  Mr. Ford reiterated the               
 problem of not knowing the definition of "residency."  Mr. Ford               
 asked if the committee wanted to exclude individuals living outside           
 the state versus an individual who does not qualify for residency,            
 but is located in the state.                                                  
                                                                               
 CHAIRMAN RIEGER clarified that they were referring to an individual           
 who was neither a resident nor physically present in the state, but           
 is a dependent child or spouse of an Alaskan resident.  Those                 
 individuals should not be covered.  He felt that Mr. Ford's                   
 suggested language would work.  MIKE FORD stated that the decision            
 of what living in the state means, six months or a year, would                
 remain.                                                                       
                                                                               
 SENATOR DUNCAN inquired as to why the children of divorce living              
 with one parent in another state while the other parent resides in            
 Alaska would not be covered under the Alaskan parents insurance.              
 He was unsure of the impact of this as well as the impact of                  
 excluding children just because they do not reside in the state.              
                                                                               
 MIKE FORD explained that much of this issue would be left to                  
 interpretation of the committee.  They could create coverage that             
 resolves this problem or exclude certain individuals who live in              
 the state, but do not qualify under the terms the committee                   
 applies.  He suggested changing the language if the committee wants           
 to exclude certain individuals.                                               
                                                                               
 Number 366                                                                    
                                                                               
 CHAIRMAN RIEGER expressed willingness to leave the issue to the               
 advisory committee to address.  He pointed out that SB 367 attempts           
 to give the advisory committee some direction in designing a plan.            
 He said that he would entertain more specific language.  Chairman             
 Rieger directed the committee back to Dr. Wilson's letter picking             
 up with Dr. Wilson's concerns regarding preventive care.  Hearing             
 no discussion, they continued with Dr. Wilson's next concern.                 
                                                                               
 CHAIRMAN RIEGER interpreted line 30 as saying that expenses would             
 be covered by a policy, but has a deductible on covered expenses so           
 that the first $3,000 would not be paid.  MIKE FORD said that once            
 again, this would be left to the committee's interpretation unless            
 specified.                                                                    
                                                                               
 SENATOR DUNCAN did not want to leave that up to the committee.  He            
 suggested the following language: "after the first $3,000 of the              
 expenses incurred for the covered benefits."  There is a $3,000               
 deductible after which there is an 80 percent reimbursement.  He              
 recommended clearer language.                                                 
                                                                               
 MIKE FORD stated that if they wanted to specify, then language such           
 as "coverage shall be designed to impose a deductible of $3,000 and           
 to allow reimbursement" should be added to line 28 on page 19.                
                                                                               
 SENATOR DUNCAN expressed the need to be sure that the $3,000                  
 deductible does not apply to preventive care, prenatal care, and              
 immunizations.  He inquired as to the intent of the deductible; is            
 the $3,000 a family or an individual deductible.  CHAIRMAN RIEGER             
 stated that he had not thought about that issue, but felt that it             
 would be a family deductible.                                                 
                                                                               
 SENATOR DUNCAN said that a $3,000 individual deductible would be a            
 catastrophic policy.  That would be the only way to reach the $100            
 per month premium.  The $3,000 deductible would be different for an           
 individual versus a family.  CHAIRMAN RIEGER suggested that it be             
 considered a family deductible.                                               
                                                                               
 SENATOR DUNCAN asked if the premium specified on page 20, lines 7-8           
 was in the range of possibility.  He expressed concern that the               
 advisory committee was being sent conflicting directions.  He                 
 indicated that this would be headed for failure due to the                    
 provision not allowing a premium to exceed $100 per month.                    
                                                                               
 CHAIRMAN RIEGER noted that the state of Washington's basic plan had           
 $110 per month premium.  SENATOR DUNCAN clarified Washington                  
 state's plan.  Senator Duncan felt that many of the issues of SB
 367 such as the children's health program were good areas to cover;           
 however, they are not covered by the basic plan.  In Washington,              
 the basic plan does not cover children's health programs and it has           
 a $100 per month premium whereas here such coverage is mandated,              
 but cannot exceed $100 per month premium.  Senator Duncan thought             
 that with a $100 premium limit, the cost of the coverage could be             
 determined by simple multiplication.                                          
                                                                               
 Number 252                                                                    
                                                                               
 KATY CAMPBELL, Actuary for the Division of Insurance, said that she           
 was a life and financial actuary, but that she had been getting               
 involved in the area of health.                                               
                                                                               
 CHAIRMAN RIEGER posed the example of a family policy where the                
 first individual covered is $100 a month and each additional                  
 individual covered under that policy would be $50.  With a three              
 member family, you would have a family premium of $200 a month. He            
 asked if there is catastrophic health insurance coverage that could           
 cover catastrophic and other things contemplated in SB 367 for $200           
 a month under assumptions of very broad based coverage.  He                   
 inquired as to the size of an average family.                                 
                                                                               
 A discussion ensued regarding the size of an average family which             
 concluded that an average family would be four.                               
                                                                               
 CHAIRMAN RIEGER said that an average family premium would be $250             
 under the parameters.  He inquired as to the type of policy $250              
 would purchase under assumptions of broad based coverage.                     
                                                                               
 KATY CAMPBELL stated that such a policy would have very high                  
 deductibles and high co-insurance.  She said, "the current rates              
 under Blue Cross's basic one is something closer to $400."  In                
 response to Chairman Rieger, she said, "that is not a catastrophic            
 plan, but it has fairly high deductibles; they'll go up to $2,500             
 deductibles, some $5,000 deductibles and that has fairly low                  
 benefits in comparison to their other plans."                                 
                                                                               
 SENATOR DUNCAN pointed out that Blue Cross's basic plan does not              
 have the requirements of children's health care, immunizations,               
 preventive care and prenatal care as does SB 367.  KATY CAMPBELL              
 agreed.  SENATOR DUNCAN said that those areas, although                       
 commendable, were not cheap and he did not want to direct the                 
 committee to attempt something that would be impossible.                      
                                                                               
 CHAIRMAN RIEGER asked if Senator Duncan wanted to design an escape            
 valve if the committee cannot achieve this.  He felt that this was            
 a realistic although, an aggressive target.                                   
                                                                               
 KATY CAMPBELL stated, "that most people are going to make more than           
 that, that $8,500 you'd have to be making to meet that $100."  MIKE           
 FORD said that the premium requirement language was only intent               
 language which the committee could change.  CHAIRMAN RIEGER did not           
 believe that the committee was prevented from making                          
 recommendations, but they need some direction.                                
                                                                               
 Number 183                                                                    
                                                                               
 SENATOR DUNCAN expressed concern that the intent language was                 
 misleading because the committee would not be reviewing a                     
 comprehensive package.  This approach would come back with a high             
 cost figure.  He said that SB 367 directs the committee to review             
 the cost of a package with a $3,000 family deductible under present           
 market conditions with the numerous inefficiencies of the current             
 system while adding prenatal care, children's health care,                    
 preventive care, and immunizations into the package.  Without a               
 system designed to stop cost shifting and decrease administrative             
 expenses of the insurance industry there will be high cost                    
 projections which will shock people; that illustrates the danger              
 with an incremental approach.                                                 
                                                                               
 CHAIRMAN RIEGER directed the committee to page 19, lines 23 & 24,             
 when asking Ms. Campbell if there would be a dramatic differential            
 between health care plans subject to individual, voluntary                    
 selecting in or out of the plan versus mandatorily covered group              
 policies.                                                                     
                                                                               
 KATY CAMPBELL believed that there is a great deal of anti-selection           
 among health care plans which would eliminate some of the cost                
 shifting by covering everyone.  She did not have specific numbers.            
                                                                               
 CHAIRMAN RIEGER asked if mandatory participation by all state                 
 residents was assumed, would anti-selection be eliminated.  KATY              
 CAMPBELL agreed because if they are all required to participate               
 then there would not be any selection decisions.                              
                                                                               
 SENATOR DUNCAN agreed that might eliminate some cost shifting, but            
 he noted the other types of cost shifting.  There is cost shifting            
 due to uncompensated care, but there is also cost shifting from               
 Medicare which shifts costs to private payers.  He expressed the              
 need to solve that problem in order to include all payers in the              
 system.  He did not believe that provision would eliminate cost               
 shifting.  This does not reduce cost shifting because there will              
 still be a level of uncompensated care; people forced to use the              
 $3,000 deductible will get the service and not be able to pay for             
 it.  He reiterated his belief that costs will increase without a              
 comprehensive package.                                                        
                                                                               
 DAVID WALSH informed the committee that a few years ago the biggest           
 area of underpayment or uncompensated care was Medicare and                   
 Medicaid underpayment.  Mr. Walsh said, "If I remember the                    
 Providence spreadsheet right, they had $129 million in gross sales;           
 of that they collected $80 or $90.  In the spread, whatever the               
 number was, there was about $3 million that they booked as                    
 uncompensated care.  There was about $5 million they booked as                
 charity care and all the rest was Medicare, Medicaid underpayment."           
 He recounted a question of one of the members, "What would happen             
 to your claim about uncompensated care if Medicare and Medicaid               
 paid at 100 percent?"  There would not be much of a problem.  He              
 felt that Senator Duncan was correct about the problem of cost                
 shifting, but he did not have a solution.                                     
                                                                               
 Number 047                                                                    
                                                                               
 CHAIRMAN RIEGER inquired as to what a $250 family policy would buy            
 as catastrophic or what a $375 basic plan would buy.  DAVID WALSH             
 said, "I would think that at $375, you could probably get the                 
 deductible fairly low."  Mr. Walsh noted that it was still a guess.           
 He said, "My guess is that you would be looking at a substantial              
 deductible, but maybe not $3,000."  He stated that they could                 
 request that the companies give them a better idea.  He said, "I              
 think you would be looking at $1,000 at $375 and a little more than           
 that at $250."                                                                
                                                                               
 CHAIRMAN RIEGER noted that adding $50 would place the plan at the             
 level of the state plan.  He did not understand the dramatic                  
 difference between a $375 and a $425 deductible.                              
 SENATOR DUNCAN indicated that perhaps Mr. Walsh did not consider              
 that this is more than a $3,000 deductible, some benefits are not             
 applied to that deductible.  He expressed concern with the                    
 committee coming back with such an astronomical figure.                       
                                                                               
 TAPE 94-27, SIDE A                                                            
 Number 012                                                                    
                                                                               
 SENATOR DUNCAN asked if language needed to be changed in order to             
 assure that the $3,000 deductible was per family.                             
                                                                               
 MIKE FORD offered some language addressing this issue.                        
                                                                               
  AMENDMENT 15                                                               
                                                                               
 Page 19, line 28, after "designed":                                           
  Insert " to impose a family deductible of $3,000 for all                     
  covered health care services other than prematernal care,                    
  preventive care and immunizations and"                                       
                                                                               
 CHAIRMAN RIEGER moved to adopt Amendment 15.  Hearing no objection,           
 Amendment 15 was adopted.  He then resumed reviewing Dr. Wilson's             
 list of suggestions and concerns.                                             
                                                                               
 SENATOR DUNCAN felt that Dr. Wilson's point referring to page 20,             
 lines 4-5 was a valid concern.  Senator Duncan agreed with Dr.                
 Wilson that large families would face expensive rates.  He asked if           
 a sliding scale had been considered.                                          
                                                                               
 CHAIRMAN RIEGER preferred to keep that section as it was for now.             
 Once costs are in front of the committee, then there could be a               
 policy call regarding the break point for large families.  He                 
 reminded everyone of the 14 percent of income escape valve.  The              
 committee continued reviewing Dr. Wilson's letter.                            
                                                                               
 CHAIRMAN RIEGER offered Dr. Wilson's suggestion regarding page 21,            
 lines 25-31 as Amendment 16.                                                  
                                                                               
  AMENDMENT 16                                                               
                                                                               
 Page 21:                                                                      
  Delete "lines 26 and 27"                                                     
  Insert "two physicians licensed under AS 08.64;"                             
                                                                               
 Hearing no objections, Amendment 16 was adopted.                              
                                                                               
 Number 118                                                                    
                                                                               
 SENATOR DUNCAN inquired as to the meaning of medical practice                 
 parameters referred to under section 17; is this a Tort Reform                
 committee.  CHAIRMAN RIEGER stated that Maine and other states were           
 reviewing practice parameters to spell them out in order to define            
 acceptable practice as an alternative to the Courts defining them             
 through malpractice cases.                                                    
                                                                               
 SENATOR DUNCAN asked why there was not a consumer present on the              
 committee, someone from the trial attorneys; why are there only               
 providers.  CHAIRMAN RIEGER explained that the reason the Medical             
 Practice Advisory Committee was drafted as such was due to the                
 technical nature of the committee.                                            
                                                                               
 SENATOR DUNCAN expressed concern that this committee may give                 
 policy recommendations on such areas as caps on non-economic                  
 damages and other issues.  This committee does not seem to be that            
 narrowly charged, consumers have interests in practice parameters.            
 He stated that using practice parameters to help eliminate medical            
 malpractice claims would seem to necessitate a trial attorney                 
 position.  He did not understand the purposes for having only                 
 providers on the committee.                                                   
                                                                               
 Number 174                                                                    
                                                                               
 DR. RODMAN WILSON said that Amendment 5, regarding the expert                 
 advisor, seems to have eliminated the expert advisor for                      
 arbitration until an appeal occurs.  CHAIRMAN RIEGER explained that           
 Amendment 5 was intended to give the arbitrator a chance before               
 moving forward to Court action in which an expert advisor seems to            
 be the first step towards that Court action.                                  
 DR. RODMAN WILSON thought that a medical malpractice always needed            
 expert testimony.  He said that the task force and CHIPRA agreed              
 that an arbitrator needed an expert advisor as soon as the case was           
 filed.  The expert reviews the case and offers a written opinion              
 which the arbitrator can use.  He indicated that when the expert              
 advisor reviews and writes his opinion, it is hard work and is                
 worth $500.  Going to court is not as difficult.  In the past, the            
 three person expert panel has only been entitled to travel expenses           
 and per diem.                                                                 
                                                                               
 Number 249                                                                    
                                                                               
 CHAIRMAN RIEGER offered to remove Amendment 5.                                
                                                                               
 MIKE FORD explained that if a mandatory arbitration provision is              
 created, then the arbitrator can confer with medical specialists.             
 Amendment 5 means that the core process would not begin until the             
 termination of the arbitration process.  He noted that if the                 
 arbitration cannot settle it, then the core process begins which              
 would trigger the medical expert.  That would be a policy call by             
 the committee.                                                                
                                                                               
 CHAIRMAN RIEGER moved to rescind Amendment 5.  Hearing no                     
 objection, Amendment 5 was rescinded.                                         
                                                                               
 CHAIRMAN RIEGER continued with Dr. Wilson's other concern regarding           
 the difference between the expert witness fee and the actual                  
 entitlement during research of the case.  He moved to rescind                 
 Amendment 12.  Hearing no objection, Amendment 12 was rescinded.              
                                                                               
 Number 289                                                                    
                                                                               
 CHAIRMAN RIEGER moved to adopt a revised Amendment 12 which would             
 insert "a stipend of $500 and" on page 8, line 6 after "to."                  
                                                                               
 MIKE FORD suggested using the word "fee" instead of "stipend."                
 CHAIRMAN RIEGER agreed.                                                       
                                                                               
  AMENDMENT 12 (REVISED)                                                     
                                                                               
 Page 8, line 6 after "to":                                                    
  Insert "a fee of $500 and"                                                   
                                                                               
 Hearing no objections, Amendment 12 (Revised) was adopted.                    
                                                                               
 DR. RODMAN WILSON asked if they added a public member to the                  
 Medical Advisory Committee.  CHAIRMAN RIEGER said no.  DR. RODMAN             
 WILSON preferred to have a public member and a lawyer on the                  
 committee due to the legal duties required.                                   
                                                                               
 CHAIRMAN RIEGER pointed out that the Medical Advisory Committee               
 does have the ability to contract for expert advise, but that could           
 be considered.                                                                
                                                                               
 SENATOR DUNCAN moved Amendment 17.                                            
                                                                               
   SENATOR ELLIS offered his amendment, Amendment 18.                          
                                                                               
 CHAIRMAN RIEGER requested that Mr. Ford draft a CS including all              
 the amendments to date.  Amendments 17 and 18 were held until                 
 Thursday.                                                                     
                                                                               
 The committee recessed at 3:35 p.m. and will reconvene after the              
 joint session on Thursday.                                                    
                                                                               
                                                                               

Document Name Date/Time Subjects