Legislature(1993 - 1994)

04/07/1994 01:01 PM Senate HES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*** TO RECONVENE UPON ADJOURNMENT OF
JOINT SESSION ***
SB 367
<CONTINUED FROM 04/07/94>
BILLS PREVIOUSLY HEARD
txt
    SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                     
                         April 7, 1994                                         
                           1:01 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                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Judy Salo                                                             
                                                                               
  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, 3/30/94 and 4/6/94.                                         
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 94-28, SIDE A                                                            
 Number 004                                                                    
 CHAIRMAN RIEGER called the Senate Health, Education and Social                
 Services (HESS) Committee to order at 1:01 p.m.  The only order of            
 business before the committee was  SB 367  (HEALTH CARE REFORM                
 COMMITTEES).  He reminded the committee that Senator Duncan's                 
 amendment, Amendment 17 was before the committee.                             
                                                                               
  AMENDMENT 17                                                               
                                                                               
 ¶                                                                             
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 " "An Act relating to certain civil actions against health care               
 providers; to the rate of interest on certain judgments and                   
 decrees; establishing the Alaska Health Insurance Corporation                 
 and requiring licensed health care providers to comply with                   
 certain statutes and regulations relating to the corporation;                 
 relating to disability insurance claims processing and to                     
 approval of rates for disability insurance, including health                  
 insurance; 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."                                                           
  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                     
     * Section 1.   FINDINGS AND PURPOSE.  (a)  The legislature                
 finds that                                                                    
   (1)  health care services and health insurance in the                       
 state are becoming prohibitively costly, and a growing number of              
 our citizens are unable to obtain health insurance or pay for                 
 needed care;                                                                  
   (2)  the reasons that health care expenditures are                          
 increasing are complex and are accounted for by general                       
 inflation; by inflation specific to the health care industry or               
 changes in the cost of labor, capital, and other industry                     
 factors; by population growth; by utilization or the number of                
 times people use health care services; by increasingly complex                
 and costly technology and other resources; by the aging of the                
 population; and the practice of defensive medicine;                           
   (3)  the primary responsibility for controlling health                      
 care expenditures in the state should be borne by Alaska health               
 care providers, particularly physicians, on whose orders and                  
 recommendations most health care expenditures are incurred; at                
 present, federal and state antitrust laws effectively preclude                
 health care providers from engaging in voluntary self-regulation              
 regarding fees and volume of services; this Act mandates the                  
 participation by health care providers in the peer review                     
 process of cost control and volume control to assure that health              
 care expenditures do not increase faster than the general                     
 inflation rate; if voluntary self-regulation fails to control                 
 health care costs, mandatory cost controls should be imposed;                 
   (4)  in order to increase access to health care by                          
 containing the rate of increase of health care expenditures and               
 by making basic health insurance available to the people in the               
 state, it is essential that the factors contributing to the                   
 increasing costs of health care and the unavailability of health              
 insurance be addressed comprehensively and consistently;                      
   (5)  there is a compelling need for a strong, clear                         
 focus on public health issues in the interest of protecting and               
 promoting the public health of the residents of the state;                    
   (6)  there are inherent problems in our health system                       
 infrastructure, including the lack of physical access to                      
 services in many areas of the state;                                          
   (7)  the state should immediately begin to create a                         
 system that will provide health insurance to all residents of                 
 the state, control health care expenditures, preserve the high                
 quality of care that residents demand, preserve the individual's              
 choice of health care provider, and, by doing so, avoid the                   
 imposition of a federally mandated health care reform system on               
 the state;                                                                    
   (8)  because the state constitution's single subject                        
 rule precludes the consideration of comprehensive tort reform in              
 the same legislative enactment as health care reform, tort                    
 reform should be addressed in a separate legislative enactment;               
   (9)  a market based single payer system is preferable                       
 to either an employer mandate or a "pay or play" approach                     
 because                                                                       
    (A)  both of the employer mandate approaches are                           
   based on the current mix of public, employer, and                           
   individual financing that inevitably creates coverage gaps                  
   for some people, particularly when their employment status                  
   changes;                                                                    
    (B)  health care financing approaches that                                 
   require all businesses to provide health care benefits or                   
   that levy additional taxes on those businesses threaten the                 
   economic viability of many small businesses in the state;                   
    (C)  multiple payer systems would not necessarily                          
   address the problems of cost shifting that exist in our                     
   current system; and                                                         
    (D)  systems that are built upon the existing                              
   public and private financing arrangements can be expected                   
   to inherit the inefficiencies in those arrangements.                        
    (b)  The purpose of this Act is to                                         
     (1)  increase access to health care by containing the                     
   rate of increase of health care expenditures and by making                  
   health insurance available to the people in the state;                      
     (2)  create a market based single payer state health                      
   insurance system that provides health insurance to all resi                 
   of the state, that utilizes market forces to make consumers                 
   aware of the actual costs of health services, and that prov                 
   consumers with information enabling them to make more infor                 
   purchasing decisions;                                                       
     (3)  provide a structure for addressing the health                        
   care needs of the state including                                           
    (A)  developing a comprehensive long-term care                             
   plan that integrates support services and that promotes                     
   human dignity;                                                              
    (B)  use of preventive and wellness programs to                            
   reduce health care costs; and                                               
    (C)  the different health care needs of urban and                          
   rural areas of the state.                                                   
    (c)  It is not the purpose of this Act to change the                       
   existing agreements between employers and employees, includ                 
   retirees, in a manner that would diminish health care benef                 
       * Sec. 2.   AS08.02 is amended by adding a new section                  
   read:                                                                       
   Sec. 08.02.025.  COMPLIANCE WITH REQUIREMENTS OF STATE                      
   HEALTH INSURANCE CORPORATION.  A health care provider shall                 
   comply with the required price list availability provisions                 
   of AS21.58.230 and the health care data system provisions                   
   of AS21.58.260 that are applicable to health care                           
   providers including regulations adopted by the Alaska                       
   Health Insurance Corporation under those provisions.                        
   Notwithstanding another provision of law, the license of a                  
   health care provider is not valid unless the health care                    
   provider complies with this section.  In this section,                      
   "health care provider" has the meaning given in                             
   AS21.58.400."                                                               
                                                                               
                                                                               
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  Insert " * Sec. 3. "                                                         
                                                                               
 Renumber the following bill sections accordingly.                             
                                                                               
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    " * Sec. 9.   AS21.39.020 is amended to read:                              
   Sec. 21.39.020.  APPLICABILITY.  (a)  This chapter                          
   applies to  disability insurance, to  all forms of casual                 
   insurance, including fidelity, surety, and guaranty bonds,                  
   to all forms of fire, marine, and inland marine insurance,                  
   and to a combination of any of them, or risks or operations                 
   in this state.  Inland marine insurance includes insurance                  
   defined by statute, or by interpretation of statute, or if                  
   not defined or interpreted, by ruling of the director, or                   
   as established by general custom of the business, as inland                 
   marine insurance.                                                           
   (b)  This chapter does not apply to                                         
    (1)  reinsurance, other than joint reinsurance to                          
   the extent stated in AS21.39.110;                                           
    (2)  [DISABILITY INSURANCE;                                                
    (3)]  insurance of vessels or craft, their                                 
   cargoes, marine builders' risks, marine protection and                      
   indemnity, or other risks commonly insured under marine, as                 
   distinguished from inland marine insurance policies;                        
     (3)  [(4)]  insurance against loss of or damage to                      
   aircraft or against liability, other than workers'                          
   compensation and employer's liability, arising out of the                   
   ownership, maintenance, or use of aircraft; or, to                          
   insurance of hulls of aircraft, including their accessories                 
   and equipment.                                                              
       * Sec. 10.   AS21.39.030(a) is amended to read:                         
   (a)  Rates shall be made in accordance with the                             
   following provisions:                                                       
    (1)  rates  may  [SHALL] not be excessive,                               
   inadequate, or unfairly discriminatory;                                     
    (2)  consideration shall be given to past and                              
   prospective loss experience inside and outside this state,                  
   to the conflagration and catastrophe hazards, to a                          
   reasonable margin for underwriting profit and                               
   contingencies, to dividends, savings, or unabsorbed premium                 
   deposits allowed or returned by insurers to their                           
   policyholders, members, or subscribers, to past and                         
   prospective expenses both countrywide and those specially                   
   applicable to this state, and to all other relevant factors                 
   inside and outside this state;                                              
    (3)  the systems of expense provisions included                            
   in the rates for use by an insurer or group of insurers may                 
   differ from those of other insurers or group of insurers to                 
   reflect the requirements of the operating methods of the                    
   insurer or group of insurers with respect to any kind of                    
   insurance, or with respect to a subdivision or combination                  
    of them  [THEREOF] for which subdivision or combination                  
   separate expense provisions are applicable;                                 
    (4)  risks may be grouped by classifications for                           
   the establishment of rates and minimum premiums;                            
   classification rates may be modified to produce rates for                   
   individual risks in accordance with rating plans that                       
   establish standards for measuring variations in hazards or                  
   expense provisions, or both; the standards may measure any                  
   differences among risks that can be demonstrated to have a                  
   probable effect upon losses or expenses;                                    
    (5)  in the case of fire insurance rates,                                  
   consideration may be given to the experience of the fire                    
   insurance business during a period of not more than the                     
   most recent five-year period for which experience is                        
   available;                                                                  
    (6)  when there is an established program to                               
   inspect new and existing dwellings and the program has been                 
   certified by the director as likely to reduce the incidence                 
   of fires in inspected dwellings, then in any rate plan used                 
   in this state, dwellings that have been found by the                        
   inspection to meet the standards established by the program                 
   shall have credits applied to the rate in amounts approved                  
   by the director ;                                                          
    (7)  in the case of disability insurance rates,                            
   rates shall be made on a statewide basis; rates may vary                    
   depending on age and family status .                                       
       * Sec. 11.   AS21.54 is amended by adding a new section                 
   read:                                                                       
   Sec. 21.54.025.  CLAIMS PROCESSING.  (a)  An insurer                        
   authorized to transact disability insurance in the state                    
   shall                                                                       
    (1)  pay each claim within 15 business days after                          
   a claim is received or, within that same time period, give                  
   the person that submitted the claim notice that the claim                   
   is denied; and                                                              
    (2)  adopt a claims grievance procedure and                                
   submit the procedure to the division for approval; after                    
   the procedure has been approved, the insurer shall follow                   
   the procedure.                                                              
   (b)  If a claim form is fully completed and an insurer                      
   fails to pay a claim or give notice that the claim is                       
   denied within the time specified in (a) of this section,                    
   the insurer shall pay interest at the rate specified in                     
   AS45.45.010, from the 16th business day after the claim                     
   was received until paid, on the amount finally determined                   
   to be due.                                                                  
   (c)  If an insurer denies a claim, the notice that the                      
   claim is denied must include a statement of the reason for                  
   the denial.  The statement must be sufficiently clear to                    
   allow the provider to understand the reason for the denial                  
   and to take corrective action, including resubmission of                    
   the claim, if appropriate.                                                  
       * Sec. 12.   AS21 is amended by adding a new chapter to                 
         CHAPTER 58.  ALASKA HEALTH INSURANCE CORPORATION.                     
   Sec. 21.58.010.  CREATION AND PURPOSE.  (a)  The                            
   Alaska Health Insurance Corporation is established.  The                    
   corporation is a public corporation and an instrumentality                  
   of the state in the Department of Commerce and Economic                     
   Development but has a legal existence independent of and                    
   separate from the state.  The exercise by the corporation                   
   of the powers conferred by this chapter is considered an                    
   essential function of the state.                                            
   (b)  The purposes of the corporation are to establish                       
   and provide uniform health insurance coverage for all                       
   residents of the state and to monitor and control all                       
   health care expenditures in the state.                                      
   Sec. 21.58.020.  BOARD OF DIRECTORS.  The corporation                       
   is managed by a board of seven directors.                                   
   Sec. 21.58.030.  APPOINTMENT AND REMOVAL OF DIRECTORS.                      
   (a)  The directors of the corporation are appointed by the                  
   governor, subject to confirmation by the legislature.  A                    
   director may be removed only for good cause.                                
   (b)  In appointing directors to the board, the                              
   governor shall ensure that                                                  
    (1)  a majority of the board are experts in                                
   health care issues and fairly represent the interests of                    
   the general public in having access to quality and                          
   affordable health care;                                                     
    (2)  the interests of consumers and health care                            
   providers are fairly represented;                                           
    (3)  the director is a resident of the state; and                          
    (4)  the board has a gender and geographic                                 
   composition that approximates the population of the state.                  
   Sec. 21.58.040.  TERM OF SERVICE.  The term of a                            
   director is four years. Terms of directors shall be                         
   staggered.  A director may be appointed to successive                       
   terms.  A director appointed to fill a vacancy serves for                   
   the unexpired term of the director.  A term shall be                        
   measured from January1 of the year in which the term of                     
   the vacant position begins, regardless of when the vacancy                  
   is filled.                                                                  
   Sec. 21.58.050.  COMPENSATION AND EXPENSES.  A                              
   director is entitled to receive compensation at the rate of                 
   $400 for each day spent in performing duties as a board                     
   member and to travel and per diem expenses authorized by                    
   law for boards and commissions under AS39.20.180.                           
   Sec. 21.58.060.  OFFICERS.  At the first meeting of                         
   each year, the board of the corporation shall elect a chair                 
   and a vice-chair from among its members.  The corporation                   
   shall prescribe their duties by regulation.                                 
   Sec. 21.58.070.  MEETINGS AND QUORUM.  The board of                         
   the corporation shall meet at least once every three                        
   months.  Four members of the board constitute a quorum for                  
   the transaction of business and the exercise of the powers                  
   and duties of the corporation.                                              
   Sec. 21.58.080.  ADMINISTRATIVE PROCEDURE.  Actions of                      
   the corporation under this chapter are subject to AS44.62                   
   (Administrative Procedure Act).                                             
   Sec. 21.58.090.  STAFF AND PROFESSIONAL SERVICES                            
   CONTRACTS.  The corporation shall employ an executive                       
   director who serves at the pleasure of the corporation as                   
   its chief administrative officer.  The executive director                   
   may, with the approval of the corporation, select and                       
   employ additional staff as necessary.  The executive                        
   director is in the exempt service under AS39.25.110.                        
   Employees of the corporation other than the executive                       
   director are in the classified service under AS39.25.100.                   
   In addition to its staff of regular employees, the                          
   corporation may contract for the services of consultants                    
   and professional, technical, and financial advisors the                     
   corporation considers necessary for the purpose of                          
   developing information, conducting hearings, studies,                       
   investigations, or other proceedings, or otherwise                          
   exercising its powers.                                                      
   Sec. 21.58.100.  GENERAL POWERS.  The corporation may                       
    (1)  exercise the powers granted to insurers                               
   under the laws of the state when allowed under                              
   AS21.58.130(c); if the corporation acts as an insurer, the                  
   corporation shall comply with the requirements applicable                   
   to insurers under this title;                                               
    (2)  sue or be sued;                                                       
    (3)  make contracts and execute all instruments                            
   necessary or convenient for carrying out its business;                      
    (4)  establish administrative or accounting                                
   procedures;                                                                 
    (5)  acquire, own, hold, dispose of, and encumber                          
   personal property and lease real property in the exercise                   
   of its powers;                                                              
    (6)  establish appropriate levels of reserves to                           
   cover expenses of the corporation;                                          
    (7)  perform all other acts necessary and proper                           
   to carry out the duties of the corporation.                                 
   Sec. 21.58.110.  DUTIES.  The corporation shall                             
    (1)  adopt regulations to implement this chapter;                          
    (2)  create and implement the formal public                                
   involvement process required under AS21.58.320, for the                     
   purpose of gathering broad input on the state health                        
   insurance plan, options for financing the cost of coverage,                 
   cost-sharing of the health insurance plan, and the cost of                  
   plan administration;                                                        
    (3)  establish the comprehensive health care data                          
   system required under AS21.58.260;                                          
    (4)  create and implement a uniform claims form;                           
    (5)  develop and update the public health                                  
   improvement plan for the state required under AS21.58.310;                  
    (6)  establish the claims clearinghouse required                           
   under AS21.58.220;                                                          
    (7)  develop a benefits package of health care                             
   services that enrollees in the state health insurance plan                  
   are entitled to receive and determine the eligibility                       
   requirements for enrollment;                                                
    (8)  annually determine the appropriate fee to be                          
   paid by an enrollee, after considering the enrollee's                       
   income, assets, financial obligations, or other criteria,                   
   as determined by the corporation;                                           
    (9)  define acceptable reasons for denial of                               
   claims under the state health insurance plan;                               
    (10)  at least annually, review the health care                            
   benefits package and revise it as determined by the                         
   corporation, taking into consideration the health needs of                  
   the state, available funding, and other relevant factors as                 
   determined by the corporation;                                              
    (11)  establish the cost control system required                           
   under AS21.58.180, 21.58.230, 21.58.250, 21.58.270,                         
   21.58.290, and 21.58.330, and the voluntary cost control                    
   system required under AS21.58.240 and 21.58.280;                            
    (12)  periodically review options to finance the                           
   state health insurance plan and present options to the                      
   legislature;                                                                
    (13)  with funds from the state health fund,                               
   provide or procure coverage required under the state health                 
   insurance plan; as provided under AS21.58.130, the                          
   corporation may act as an insurer or procure coverage from                  
   one or more companies licensed to transact health insurance                 
   in the state for all persons who are eligible to be                         
   enrollees of the state health insurance plan;                               
    (14)  pursue necessary federal waivers from                                
   applicable federal law or other federal health care payers                  
   in order to incorporate both claims data and revenue                        
   streams into the corporation's data system and additional                   
   revenue into the state health insurance fund;                               
    (15)  implement the state health insurance plan                            
   as a market based single payer system;                                      
    (16)  design a program to give incentives to                               
   primary care providers to practice in the state, especially                 
   in rural and under served areas of the state; incentives                    
   may include added premiums on prices for primary care                       
   providers, a student loan forgiveness program, an in-state                  
   family practice residency program, training and rotations                   
   for midlevel practitioners, and other appropriate                           
   incentives;                                                                 
    (17)  impose a mandatory cost control system in                            
   part or overall if the corporation determines that the                      
   voluntary cost control system described under AS21.58.280                   
   has failed to substantially achieve the adopted expenditure                 
   target;                                                                     
    (18)  establish committees of experts and others                           
   as needed to make recommendations to the corporation                        
   regarding how to contain the cost of health care, including                 
   incorporating a greater emphasis on healthful lifestyles,                   
   prevention of disease and injury, promoting effective                       
   medical treatments, identifying the optimal provider mix                    
   within the state, or other matters determined by the                        
   corporation;                                                                
    (19)  develop a plan that comprehensively                                  
   addresses the needs of residents of the state for long-term                 
   care; and                                                                   
    (20)  hold public meetings and annually report to                          
   enrollees, the governor, and the legislature.                               
   Sec. 21.58.120.  HEALTH INSURANCE FUND.  The state                          
   health insurance fund is established as a separate account                  
   in the general fund.  The fund shall be administered by the                 
   corporation and used to provide or to purchase insurance                    
   under AS21.58.110 or 21.58.130.  The fund consists of                       
   appropriations by the legislature, individual or employer                   
   contributions, and private or government grants.                            
   Sec. 21.58.130.  PROCUREMENT OR PROVISION OF                                
   INSURANCE.  (a)  The corporation shall                                      
    (1)  solicit proposals from insurance companies                            
   that are licensed to transact health insurance in the state                 
   under the procurement procedures adopted by the corporation                 
   under AS36.30.015(e); and                                                   
    (2)  if the corporation does not act as an                                 
   insurer as provided under (c) of this section, select one                   
   or more companies with which it will contract to provide                    
   insurance, after considering the cost of the insurance, the                 
   availability from the company of program features directed                  
   at reducing the cost of providing health care services, and                 
   other relevant factors as determined by the corporation.                    
   (b)  The corporation may contract for insurance                             
   coverage for enrollees for a term that it considers to be                   
   the most advantageous to the corporation and its enrollees,                 
   for a period not exceeding three years.                                     
   (c)  If, after the proposal process under (a) of this                       
   section has been completed, the corporation determines that                 
   the desired coverage or benefits are not available from                     
   insurers licensed in this state or the corporation can                      
   provide the desired coverage and benefits at a lower cost                   
   per eligible person, the corporation may act as an insurer.                 
   Sec. 21.58.140.  ENROLLEES.  (a)  A person is eligible                      
   to be an enrollee in the state health insurance plan under                  
   this chapter in a given year if the person is a resident of                 
   the state and has complied with the procedures established                  
   by the corporation under (d) of this section.  For purposes                 
   of enrollment, the corporation shall by regulation define                   
   residency in a manner that is consistent with AS01.10.055                   
   and with this chapter.                                                      
   (b)  A person who is eligible to be an enrollee shall                       
   be enrolled by the corporation in the state health                          
   insurance plan.                                                             
   (c)  The corporation shall cancel an enrollee's                             
   coverage if, during the fiscal year, the enrollee becomes                   
   ineligible to be an enrollee.                                               
   (d)  The corporation shall establish by regulation                          
   appropriate procedures for processing applications for                      
   enrollment, for determining the eligibility of enrollees,                   
   for enrolling enrollees, for determining and collecting the                 
   applicable fees, for canceling an enrollee's coverage, and                  
   for processing appeals by enrollees of adverse decisions by                 
   the corporation regarding eligibility, enrollment,                          
   determination or collection of applicable fees, or                          
   cancellation of coverage.                                                   
   Sec. 21.58.150.  DISCRIMINATION AGAINST ENROLLEES                           
   PROHIBITED.  A health care provider may not discriminate                    
   against an enrollee with respect to the availability, cost,                 
   or quality of health care services wholly or in part on the                 
   basis of the person's status as an enrollee.                                
   Sec. 21.58.160.  CONFIDENTIALITY OF ENROLLEE                                
   INFORMATION.  Medical and financial information regarding                   
   applicants or current or former enrollees is confidential                   
   and is not subject to public disclosure.  The corporation                   
   by regulation may establish reasonable standards for the                    
   release of limited information in specified circumstances,                  
   including the release of reasonably necessary information                   
   to insurance companies and the release of information with                  
   the written authorization of the applicant or enrollee.                     
     Sec. 21.58.170.  HEALTH INSURANCE PLAN.  (a)  The                         
     corporation shall adopt regulations specifying the health                 
     care services required to be covered by the state health                  
     insurance plan, taking into consideration the services                    
     requested by the public, the needs and characteristics                    
     unique to state residents, the goal of prevention of                      
     illness and promotion of wellness, the cost of providing                  
     the benefits package, the cost of providing or procuring                  
     the insurance coverage, and the funds available in the                    
     state health insurance fund.                                              
   (b)  The corporation shall conduct a comprehensive                          
   public involvement process designed to solicit information                  
   and opinions regarding the services required to be covered                  
   under (a) of this section.                                                  
   Sec. 21.58.180.  DEDUCTIBLES AND COPAYMENTS.  Subject                       
   to AS21.58.170, the corporation shall establish the                         
   deductible and copayment amounts applicable under the state                 
   health insurance plan.                                                      
   Sec. 21.58.190.  PREMIUMS.  A premium may be charged                        
   to an enrollee for coverage as established by the                           
   corporation by regulation.  In establishing a premium, the                  
   corporation shall establish a standard fee and a sliding                    
   scale fee and shall consider the cost of coverage, funding                  
   available, and other factors the corporation determines are                 
   relevant.                                                                   
   Sec. 21.58.200.  PROHIBITED DISCRIMINATION BETWEEN                          
   HEALTH CARE PROVIDERS.  The corporation may not                             
   discriminate between health care providers who are licensed                 
   to perform a covered health care service unless the type of                 
   health care service provided is not included under the                      
   state health insurance plan.                                                
   Sec. 21.58.210.  SOLICITATION OF ELIGIBLE PERSONS.                          
   (a)  The corporation, under a plan approved by the                          
   director, shall disseminate appropriate information to the                  
   residents of the state regarding the existence of the state                 
   health insurance plan and the means of enrollment.                          
   (b)  The corporation shall devise and implement a                           
   means of maintaining public awareness of the provisions of                  
   this chapter regarding the state health insurance plan and                  
   shall administer this chapter in a manner that facilitates                  
   public participation in the state health insurance plan.                    
   Sec. 21.58.220.  CLAIMS CLEARINGHOUSE.  (a)  The                            
   corporation shall establish a claims clearinghouse in the                   
   state.  A provider of health care services shall submit all                 
   claims for payment under the state health insurance plan to                 
   the claims clearinghouse.  The corporation may, by                          
   regulation, require providers to submit specified                           
   additional information pertaining to providing health care                  
   services in the state to the claims clearinghouse.                          
   (b)  Subject to appropriation, the claims                                   
   clearinghouse shall pay claims approved for payment by the                  
   corporation under the state health insurance plan.                          
   (c)  The claims clearinghouse shall comply with the                         
   provisions of AS21.54.025, except that the claims                           
   grievance procedure required by AS21.54.025(a)(2) shall be                  
   submitted to the board of directors of the corporation for                  
   approval.                                                                   
   (d)  The claims clearinghouse may deny a claim only                         
   for a reason that has been specified as an acceptable                       
   reason by the corporation under AS21.58.110(9).                             
   Sec. 21.58.230.  REQUIRED AVAILABILITY OF PRICE LIST.                       
   (a)  A health care provider shall prepare a list of the                     
   provider's prices that includes the dates during which the                  
   prices will be applicable.  The price list shall be made                    
   available either by posting the price list in a conspicuous                 
   location in the health care provider's office or by                         
   similarly posting a notice that the price list is available                 
   for review upon request.  The corporation shall determine                   
   by regulation the contents of the price list required under                 
   this section.                                                               
   (b)  At least annually, a health care provider shall                        
   submit to the corporation copies of the provider's current                  
   price list.  The corporation shall specify by regulation                    
   the date for submitting the price lists.                                    
   Sec. 21.58.240.  INFORMATION ON PRICES FOR HEALTH CARE                      
   SERVICES.  The corporation shall at least annually publish                  
   a description of types of health care providers licensed to                 
   provide covered services and a comparative list of provider                 
   prices.  The corporation shall make the publications                        
   available to the public upon request.                                       
   Sec. 21.58.250.  COMPARATIVE LISTS OF PRICES.  (a)  At                      
   least annually, the corporation shall compile comparative                   
   lists of prices for commonly provided health care services                  
   based on abstracted data provided by the claims                             
   clearinghouse under AS21.58.220, on the price lists                         
   submitted to the corporation under AS21.58.230, and on                      
   other relevant information as determined by the                             
   corporation.                                                                
   (b)  The lists required under this section shall be                         
   prepared to allow identification and comparison of prices                   
   made by individual providers for the listed services.                       
   Hospital services may be compared on the basis of diagnosis                 
   related groups.                                                             
   Sec. 21.58.260.  HEALTH CARE DATA SYSTEM.  (a)  The                         
   corporation shall develop and periodically update a health                  
   care data system.  To the extent practicable, the data                      
   system base year shall be calendar year 1993 and the system                 
   must include                                                                
    (1)  health care expenditures, including capital                           
   expenditures associated with receiving health care;                         
    (2)  demographic data;                                                     
    (3)  clinical information, including patient                               
   diagnosis, type of provider, type of service, location and                  
   length of care, referral patterns, quality of care, and                     
   result of care;                                                             
    (4)  billing and payment data; and                                         
    (5)  public health data, including vital                                   
   statistics and health status.                                               
   (b)  The corporation may, by regulation, require                            
   health care providers, including providers not being                        
   reimbursed by the corporation, to submit claims data and                    
   additional information necessary to develop or update the                   
   data system required under (a) of this section.                             
   Sec. 21.58.270.  STATEWIDE HEALTH CARE EXPENDITURE                          
   TARGET.  (a)  The corporation shall prescribe by regulation                 
   a statewide health care expenditure target, based on the                    
   data obtained under AS21.58.260.  To the extent                             
   practicable, the base year for the statewide health care                    
   expenditure target shall be calendar year 1993.                             
   (b)  The corporation annually shall adjust the health                       
   care expenditure target established under this section to                   
   reflect changes in the Consumer Price Index and the                         
   following factors:                                                          
    (1)  changes in the size and demographic                                   
   characteristics of the state's population including aging;                  
    (2)  changes in medical technology;                                        
    (3)  changes that improve access to health care                            
   services;                                                                   
    (4)  changes in the burden of disease resulting                            
   from epidemics, disasters, and reduction or elimination of                  
   disease;                                                                    
    (5)  elimination of unnecessary care;                                      
    (6)  changes in costs associated with                                      
   professional liability insurance;                                           
    (7)  changes in administrative costs;                                      
    (8)  changes in patterns of utilization.                                   
   Sec. 21.58.280.  VOLUNTARY HEALTH CARE PROVIDER                             
   COMPLIANCE.  The health care expenditure target adopted by                  
   the corporation under AS21.58.270 shall constitute a                        
   recommended target for expenditures within each specified                   
   category or subcategory of health care services or                          
   products.  Health care providers may voluntarily comply                     
   with the expenditure target and may take all appropriate                    
   steps not prohibited by law to attempt to ensure that                       
   annual expenditures for health care in the state do not                     
   exceed the expenditure target adopted by the corporation.                   
   Sec. 21.58.290.  REVIEW AND REPORT ON HEALTH CARE                           
   EXPENDITURES.  The corporation shall annually review and                    
   report to the legislature and the governor on                               
     (1)  the total amount of health care expenditures                         
    in the state;                                                              
    (2)  the amount of increase or decrease in health                          
   care and capital medical expenditures in the state;                         
    (3)  changes in health care provider prices;                               
    (4)  changes in patterns of utilization or                                 
   expenditures; and                                                           
     (5)  factors that are responsible for changes in                          
    patterns of utilization or expenditures.                                   
   Sec. 21.58.300.  MANDATORY HEALTH CARE PROVIDER                             
   COMPLIANCE.  (a)  Based on the data compiled under                          
   AS21.58.260, the corporation shall monitor the success of                   
   voluntary compliance under AS21.58.280.  At any time                        
   beginning three years after the voluntary expenditure                       
   target has been in effect, if the corporation concludes                     
   that voluntary compliance has failed substantially to                       
   achieve the adopted expenditure target, the corporation                     
   shall impose by regulation a mandatory expenditure limit as                 
   provided under (b) of this section.                                         
   (b)  The corporation may, by regulation,                                    
    (1)  impose a mandatory expenditure limit on one                           
   or more subcategories or on specific items within the                       
   expenditure limit;                                                          
    (2)  directly assume all or part of the cost                               
   control functions specified under AS21.58.110(11);                          
    (3)  establish mandatory price and utilization                             
   controls or guidelines;                                                     
    (4)  annually monitor health care expenditures,                            
   patterns of utilization, and factors contributing to                        
   changes in expenditures or utilization;                                     
    (5)  establish cost sharing recommendations                                
   relevant to the mandatory expenditure limit.                                
   (c)  A health care provider shall comply with the                           
   mandatory cost control provisions that may be established                   
   by the corporation under (a) and (b) of this section.  An                   
   enrollee who receives a charge that does not comply with                    
   the mandatory cost control provisions that are imposed                      
   under this section is not required to pay the portion of                    
   the charge that exceeds the mandatory cost control                          
   provisions.  A health care provider shall refund an amount                  
   received that exceeds the mandatory cost control                            
   provisions.                                                                 
   (d)  The corporation shall establish by regulation                          
   procedures for monitoring compliance with the mandatory                     
   cost control provisions and for providing notice to a                       
   person who is determined to have been overcharged.                          
   Sec. 21.58.310.  PUBLIC HEALTH IMPROVEMENT PLAN.  (a)                       
   The corporation shall develop and annually update a public                  
   health improvement plan for the state.  The plan required                   
   under this section must recognize the need for                              
    (1)  community involvement in health care                                  
   planning and delivery;                                                      
    (2)  attention to local needs that may vary from                           
   place to place;                                                             
    (3)  accountability for the use of public funds;                           
    (4)  equity and stability in the distribution of                           
   public funds;                                                               
    (5)  shared responsibility of all levels of                                
   government for administering and financing public health                    
   care delivery; and                                                          
    (6)  coordination of basic public health                                   
   services.                                                                   
   (b)  The plan required under this section must include                      
    (1)  an analysis of the health status of the                               
   residents of the state;                                                     
    (2)  an assessment of the most appropriate role                            
   for various levels of government to play in addressing the                  
   health care needs of the residents of the state;                            
    (3)  a delineation of the standards that should                            
   be used in performing assessment, policy development, and                   
   quality assurance in the delivery of public health                          
   services;                                                                   
    (4)  documentation of the extent to which the                              
   current public health system implements or achieves the                     
   standards identified under (3) of this subsection;                          
    (5)  identification of interjurisdictional issues                          
   involved in health care access and delivery;                                
    (6)  recommendations, including recommendations                            
   for specific legislative action when necessary, pertaining                  
   to the following:                                                           
    (A)  strategies, time lines, financial                                    
   needs, and specific sources of stable revenue for                           
   bringing the state public health care system up to                          
   standards identified by the corporation;                                    
    (B)  appropriate sharing of the                                           
   responsibility of local, regional, state, and federal                       
   government entities to deliver public health care                           
   services efficiently and effectively, including                             
   recommendations for organization within state                               
   government;                                                                 
    (C)  integration of the public health care                                
   system with state and national health care reform                           
   efforts;                                                                    
    (D)  the corporation's estimate of the                                    
   optimal share that public health should represent in                        
   the total health care delivery system of the state,                         
   expressed in terms of a percentage of health care                           
   expenditures in the state.                                                  
   Sec. 21.58.320.  REQUIRED PUBLIC INVOLVEMENT PROCESS.                       
   The corporation shall design, implement, and maintain an                    
   extensive community based public involvement process for                    
   the purpose of providing residents with an ongoing                          
   opportunity to participate in decisions made by the                         
   corporation's board of directors regarding                                  
    (1)  health care services residents want included                          
   in the benefit package;                                                     
    (2)  financing options;                                                    
    (3)  revenue sources that should be used to                                
   finance the health plan;                                                    
    (4)  cost-sharing options; and                                             
    (5)  administration of the health care plan.                               
   Sec. 21.58.330.  PEER REVIEW OF UTILIZATION AND                             
   QUALITY.  The corporation shall contract with health care                   
   providers in the state to develop utilization and quality                   
   controls.  The contract must include the use of peer                        
   specialty groups that are given the goal of controlling                     
   utilization within a specialty.  The corporation shall                      
   ensure that the contract stresses the development of the                    
   use of incentives to control costs.                                         
   Sec. 21.58.400.  DEFINITIONS.  In this chapter,                             
    (1)  "clearinghouse" means the claims                                      
   clearinghouse designated by the corporation under                           
   AS21.58.220;                                                                
    (2)  "Consumer Price Index" means the Consumer                             
   Price Index for Anchorage, All Items Index, compiled by the                 
   Bureau of Labor Statistics, United States Department of                     
   Labor;                                                                      
    (3)  "corporation" means the Alaska Health                                 
   Insurance Corporation established in AS21.58.010;                           
    (4)  "enrollee" means a person whose application                           
   for coverage under the state health insurance plan has been                 
   accepted by the corporation, who has completed applicable                   
   enrollment procedures, who is covered by insurance under                    
   the program;                                                                
    (5)  "health care provider" means an                                       
   acupuncturist licensed under AS08.06; an audiologist                        
   licensed under AS08.11; a chiropractor licensed under                       
   AS08.20; a dental hygienist licensed under AS08.32; a                       
   dentist licensed under AS08.36; a marital or family                         
   therapist licensed under AS08.63; a direct-entry midwife                    
   certified under AS08.65; a nurse licensed under AS08.68;                    
   a dispensing optician licensed under AS08.71; a naturopath                  
   licensed under AS08.45; an optometrist licensed under                       
   AS08.72; a pharmacist licensed under AS08.80; a physical                    
   therapist or occupational therapist licensed under                          
   AS08.84; or a physician's assistant certified under                         
   AS08.64; a physician licensed under AS08.64; a                              
   podiatrist; a psychologist and a psychological associate                    
   licensed under AS08.86; a clinical social worker licensed                   
   under AS08.95; an emergency medical technician certified                    
   under AS18.08.082; a mobile intensive care paramedic                        
   trained as required under AS18.08.082; a hospital as                        
   defined in AS18.20.130, including a governmentally owned                    
   or operated hospital; and an employee of a health care                      
   provider acting within the course and scope of employment;                  
    (6)  "health care services" means preventive,                              
   diagnostic, medical, surgical, reproductive, psychiatric,                   
   psychologic, rehabilitative, health maintenance,  dental,                   
   podiatric, optometric, optical, audiologic, nutritive, and                  
   chiropractic care; prescription drugs, laboratory and                       
   radiologic services, medical supplies, durable medical                      
   equipment and devices; personal assistance services;                        
   inpatient and outpatient care; home health care; hospice                    
   care; and long-term or institutional care;                                  
    (7)  "health insurance" means an individual or                             
   group contract or other plan providing coverage of health                   
   care services that is issued by the corporation or by a                     
   health insurance company, a hospital service corporation,                   
   a medical service corporation, or a health maintenance                      
   organization; "health insurance" includes disability                        
   insurance under AS21.12.050;                                                
    (8)  "health insurance company" means an insurer                           
   that is authorized to transact health insurance;                            
    (9)  "market based single payer system" means a                            
   system in which a single entity provides health insurance                   
   to all residents of the state and the insurance is based on                 
   market forces, including provider defined fees, defined                     
   patient copayments, sliding scale copayments for the                        
   indigent, provider fees that are posted or made otherwise                   
   available at the point of services, published or                            
   disseminated fees in comparative lists that allow fee                       
   comparison by consumers, voluntary expenditure targets,                     
   provider peer review and control of volume, utilization,                    
   and quality of health services, and a regularly published                   
   description of the various types of providers licensed to                   
   provide services in the benefit package;                                    
    (10)  "state health insurance fund" is the fund                            
   established in AS21.58.120.                                                 
       * Sec. 13.   AS24.20.206 is amended to read:                            
   Sec. 24.20.206.  DUTIES.  The Legislative Budget and                        
   Audit Committee shall                                                       
    (1)  report to the legislature its                                         
   recommendations relating to the confirmation of appointees                  
   to the Board of Trustees of the Alaska Permanent Fund                       
   Corporation;                                                                
    (2)  annually review the long-range operating                              
   plans of all agencies of the state which perform lending or                 
   investment functions;                                                       
    (3)  review periodic reports from all agencies of                          
   the state which perform lending or investment functions;                    
    (4)  present a complete report of investment                               
   programs, plans, performance, and policies of all agencies                  
   of the state which perform lending or investment functions                  
   to the legislature within 30 days after the convening of                    
   each regular session;                                                       
    (5)  present to the legislature within 30 days                             
   after the convening of each regular session a review of the                 
   report of the governor under AS37.07.020(d) with                            
   recommendations for needed legislation;                                     
    (6)  in conjunction with the finance committee of                          
   each house recommend annually to the legislature the                        
   investment policy for the general fund surplus and for the                  
   income from the permanent fund;                                             
    (7)  provide for an annual post audit and annual                           
   operational and performance evaluation of the Alaska                        
   Permanent Fund Corporation investments and investment                       
   programs;                                                                   
    (8) provide for an annual operational and                                  
   performance evaluation of the Alaska Housing Finance                        
   Corporation and the Alaska Industrial Development and                       
   Export Authority; the performance evaluation shall include,                 
   but is not limited to, a comparison of the effect on                        
   various sectors of the economy by public and private                        
   lending, the effect on resident and nonresident employment,                 
   the effect on real wages, and the effect on state and local                 
   operating and capital budgets of the programs of the Alaska                 
   Housing Finance Corporation and the Alaska Industrial                       
   Development and Export Authority;                                           
    (9)  provide assistance to the trustees of the                             
   trust established in AS37.14.400 - 37.14.450 in carrying                    
   out their duties under AS37.14.415 ;                                       
    (10)  provide for an annual post audit and annual                          
   operational and performance evaluation of the Alaska Health                 
   Insurance Corporation .                                                    
       * Sec. 14.   AS36.30.015(e) is amended to read:                         
   (e)  The board of directors of the Alaska Railroad                          
   Corporation ,  [AND] the board of directors of the Alaska                 
   Aerospace Development Corporation , and the board of                       
   directors of the Alaska Health Insurance Corporation  shal                 
   adopt procedures to govern the procurement of supplies,                     
   services, professional services, and construction. The                      
   procedures must be substantially equivalent to the                          
   procedures prescribed in this chapter and in regulations                    
   adopted under this chapter.                                                 
         * Sec. 15.   AS37.07.030 is amended to read:                          
   Sec. 37.07.030.  RESPONSIBILITIES OF THE LEGISLATURE.                       
   The legislature shall                                                       
    (1)  provide for a budget review function;                                 
    (2)  analyze the comprehensive operating and                               
   capital improvements programs and financial plans                           
   recommended by the governor;                                                
    (3)  adopt legislation to authorize                                        
   implementation of the governor's comprehensive operating                    
   and capital improvements programs and financial plans or                    
   appropriate alternatives to those plans;                                    
    (4)  provide for a post-audit function to cover                            
   financial transactions, program accomplishment, and                         
   compliance with legislative intent;                                         
    (5)  adopt or revise the estimate of receipts                              
   required to balance the succeeding fiscal year's budget in                  
   order that proposed expenditures do not exceed estimated                    
   receipts for that fiscal year;                                              
    (6)  adopt, revise, or initiate revenue measures                           
   in order to balance the succeeding fiscal year's budget and                 
   the capital improvements section of the budget for the                      
   succeeding six years ;                                                    
     (7)  appropriate funds for the operation of the                          
   Alaska Health Insurance Corporation .                                      
         * Sec. 16.   AS39.25.110 is amended by adding a new p                 
   to read:                                                                    
    (30)  the executive director of the Alaska Health                          
   Insurance Corporation.                                                      
       * Sec. 17.   AS44.62.330(a) is amended by adding a new                  
   paragraph to read:                                                          
    (59)  Alaska Health Insurance Corporation."                                
                                                                               
 Renumber the following bill sections accordingly.                             
                                                                               
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  Insert "sec. 8"                                                              
                                                                               
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    " * Sec. 23.   PHASED TRANSITION PERIOD.  Notwithstanding the              
 provisions of AS21.58, the Alaska Health Insurance Corporation                
 shall implement the provisions of AS21.58 on an orderly and                   
 gradual basis as follows:                                                     
   (1)  by December 31, 1994, the corporation shall begin                      
 to implement the public involvement process required under                    
 AS21.58.320, establish the data system required under                         
 AS21.58.260 and begin collecting data, begin the first public                 
 health improvement plan required under AS21.58.310, determine                 
 the federal waivers necessary to implement AS21.58, and begin                 
 to develop incentives to attract health care providers required               
 under AS21.58.110(16);                                                        
   (2)  by June31, 1995, the corporation shall complete                        
 the uniform claims form required under AS21.58.110(4);                        
   (3)  by December 31, 1995, the corporation shall                            
 establish the claims clearinghouse required under AS21.58.220,                
 determine the health care services required under AS21.58.170,                
 begin monitoring health care expenditures and utilization                     
 patterns, and begin collecting fee information required under                 
 AS21.58.230;                                                                  
   (4)  by January 1, 1996, the corporation shall                              
 implement the peer review system for utilization and quality                  
 required under AS21.58.330 and shall adopt regulations that                   
 establish eligibility criteria for enrollment in the state                    
 health insurance plan, including a definition of the term                     
 "resident" that is consistent with AS01.10.055 and the purposes               
 of this Act;                                                                  
   (5)  by December 31, 1996, the corporation shall                            
 establish the voluntary cost control system required under                    
 AS21.58.280;                                                                  
   (6)  by January 1, 1997, the corporation shall develop                      
 a long-term health care plan required under AS21.58.110(19),                  
 and establish the deductible and copayment amounts required                   
 under AS21.58.180 and present options to the governor and the                 
 legislature on how to finance a state health insurance plan                   
 under a market based single payer system; in considering options              
 on financing a state health insurance plan the corporation shall              
 strive to structure the options in a manner that provides                     
 protection for benefits provided to retired employees through                 
 public or private retirement systems;                                         
   (7)  by January 1, 1998, the corporation shall                              
 establish the statewide health care expenditure target required               
 under AS21.58.270, and, subject to appropriation, begin to                    
 provide health insurance coverage for state residents as                      
 required under AS21.58.                                                       
     * Sec. 24.   Notwithstanding AS21.58.270(b), enacted in sec.              
 12 of this Act, the corporation shall increase the health care                
 expenditure target by the following percentages of the target                 
 established under AS21.58.270:                                                
   (1)  in 1998, 1.5 percent;                                                  
   (2)  in 1999, 1.0 percent; and                                              
   (3)  in 2000, 0.5 percent.                                                  
     * Sec. 25.   This Act takes effect July1, 1994."                          
                                                                               
 SENATOR DUNCAN stated that Amendment 17 was a comprehensive                   
 approach to health care reform which represented the consensus                
 legislation brought together by the CHIPRA group and the task                 
 force proposals.  Amendment 17 would accomplish the three major               
 principals of health care reform: universal coverage, affordable              
 care, and quality care.  He pointed out that Amendment 17                     
 emphasizes preventive health, wellness programs, and under                    
 served areas.  Amendment 17 puts the mechanisms in place to                   
 ensure preparedness for a state plan.  He discussed the various               
 responsibilities of the Alaska Health Insurance Corporation                   
 created in Amendment 17.  In 1997, the proposed plan comes back               
 to the legislature which must approve the financing mechanism                 
 and the revenue system at which time a state plan can move                    
 forward or decide to stay under a federal plan.                               
                                                                               
 Number 100                                                                    
                                                                               
 Senator Duncan stated that other options, including SB 367,                   
 would not deliver a health care plan to this point because they               
 do not create a system that ensures affordable health for                     
 everyone.  He felt that health care reform would happen in the                
 present Congressional session and that universal coverage would               
 be the underlying principal.  He explained that at the latest                 
 universal coverage would be phased in by 1998; therefore,                     
 Alaskans would have coverage. Without Amendment 17, Alaskans may              
 face a very expensive system because the unique needs of Alaska               
 probably would not be met by a federal plan.  He concluded that               
 Amendment 17 removes everything from SB 367 except the Tort                   
 Reform proposals and replaces it with language decided upon by                
 the interim work group.                                                       
                                                                               
 CHAIRMAN RIEGER acknowledged all the hard work represented in                 
 Amendment 17.  He pointed out that the differences in opinion                 
 seem to focus on the statewide health care expenditure target,                
 the sequence of events leading to the definition of the benefit               
 package and at what point the costs are known.  He felt that in               
 other ways SB 367 and Amendment 17 were more parallel than                    
 portrayed.                                                                    
                                                                               
 SENATOR ELLIS supported Amendment 17.  He felt that the CHIPRA                
 2 proposal is a significant step forward.  He opposed an                      
 incremental approach.  He pointed out that the CHIPRA 2 proposal              
 addresses some of his concerns: the need to have a system that                
 does not perpetuate the job-lock and the shortage of health care              
 providers.  Amendment 17 represents a commitment to consumer                  
 representation and involvement, more than other proposals.  He                
 also noted that Amendment 17 meets federal guidelines and avoids              
 a federal take over of health care in Alaska.  He thanked                     
 Senator Duncan for offering Amendment 17.                                     
                                                                               
 Number 195                                                                    
                                                                               
 Senator Ellis explained that a telephone poll had been conducted              
 on public television on Wednesday night.  The viewing audience                
 was posed with the following question:  "Should every Alaskan be              
 guaranteed a basic level of health care?"  Approximately 1700                 
 Alaskans answered "yes" while 777 Alaskans said "no."  Senator                
 Ellis concluded that the health care issue was a quiet crisis.                
 He said that small businessmen, loggers, fishermen, etcetera                  
 typically do not come to committee hearings to comment on these               
 issues.  He felt that on a bipartisan level, they could agree                 
 that a federal solution to the unique needs of Alaska would not               
 be adequate.                                                                  
                                                                               
 SENATOR LEMAN stated that he had continuously heard from small                
 business people.  He noted the polling of NFIB Alaska which were              
 probably on the other side of the issue due to concerns                       
 regarding employer mandates.  He said that of course people                   
 would overwhelming agree that everyone should have a basic level              
 of health care, but much fewer would want to pay the cost.                    
                                                                               
 SENATOR ELLIS stated that more business people, who are often                 
 more conservative, react to the national reform plan which                    
 relies on an employer based approach to health care.  In Alaska,              
 there are so many people who are not tied directly to jobs which              
 would pose problems with the federal approach.  He noted that                 
 Amendment 17 resists employer mandates.  He pointed out that the              
 single payer system is an alternative to the employer based tax.              
 He explained that the single payer approach would spread the                  
 burden beyond small businesses.  Most of the federal plans do                 
 not spread the burden.  He agreed that most businesses want to                
 provide health insurance, but they do not want to pay for it or               
 have it mandated.  He felt that a federal plan would quickly tax              
 small businesses and mandate to the employers.                                
 SENATOR LEMAN did not see the difference in Senator Duncan's                  
 "avoiding cost shifting" and Senator Ellis' "spreading the                    
 cost."  Both ask that someone else shares the burden which is                 
 cost shifting.  He felt that Amendment 17 was a massive cost                  
 shift.                                                                        
                                                                               
 Number 310                                                                    
                                                                               
 SENATOR ELLIS noted that there is cost shifting now, but without              
 a mechanism to control the cost.  Under the CHIPRA proposal                   
 doctors have agreed to voluntarily control costs in return for                
 everyone being able to pay their bill.  He did agree that                     
 Senator Leman's point was intellectually valid.  Cost shifting                
 with controls would seem to be an improvement.  He addressed                  
 Senator Leman's concern with the figures regarding the uninsured              
 and hoped that Senator Leman realized that they had tried to be               
 as accurate as possible with the number of uninsured.  He                     
 suggested that they discuss the calculation of their figures.                 
                                                                               
 SENATOR LEMAN stated that whatever the numbers, their proposal                
 would probably remain the same.  He felt that through the                     
 analysis, the numbers miss individuals covered part of the year               
 or those who chose not to be covered.                                         
                                                                               
 CHAIRMAN RIEGER took a hand vote. Senators Duncan and Ellis                   
 voted "Yea" and Senators Rieger, Sharp, Leman and Miller voted                
 "Nay."  The motion failed.                                                    
                                                                               
 SENATOR ELLIS moved Amendment 18.                                             
                                                                               
  AMENDMENT 18                                                               
                                                                               
 Page 19, after line 13:                                                       
  Insert a new subsection to read:                                             
   "(c) Notwithstanding any other provision of law, a                          
  committee member is subject to the provisions of AS 39.50                    
 as  if the committee member were a member of a state commission               
 or  board described under AS 39.50.200(b)."                                   
                                                                               
 Reletter the following subsections accordingly.                               
                                                                               
 Page 20, line 20:                                                             
  Delete "(d)(1)-(5)"                                                          
  Insert "(e)(1)-(5)"                                                          
                                                                               
 Page 20, line 26:                                                             
  Delete "(d)"                                                                 
  Insert "(e)"                                                                 
                                                                               
 Page 21, after line 31:                                                       
  Insert a new subsection to read:                                             
   "(b) Notwithstanding any other provision of law, a                          
  committee member is subject to the provisions of AS 39.50                    
 as  if the committee member were a member of a state commission               
 or  board described under AS 39.50.200(b)"                                    
                                                                               
 Reletter the following subsections accordingly.                               
                                                                               
 SENATOR MILLER objected.  SENATOR ELLIS explained that Amendment              
 18 would place the members involved in the health care reform                 
 project under SB 367 to fall under the conflict of interest and               
 disclosure statutes of the state.  SENATOR MILLER removed his                 
 objection.  Hearing no objection, Amendment 18 was adopted.                   
                                                                               
 SENATOR DUNCAN moved Amendment 19.  SENATOR RIEGER objected.                  
 SENATOR DUNCAN explained that Amendment 19 gives the two                      
 advisory committees a better balance of consumers.                            
                                                                               
  AMENDMENT 19                                                               
                                                                               
 Page 21, line 26 - page 22, line 4:                                           
  Delete all material.                                                         
  Insert "provided in this subsection.  In appointing members                  
 to the committee, the governor shall ensure that a majority of                
 the members represent the interests of health care consumers.                 
 The governor shall appoint                                                    
   (1) two persons with experience in providing health                         
 care  services;                                                               
   (2) one person who is an accountant with experience in                      
  health care insurance;                                                       
   (3) four persons who represent the public."                                 
                                                                               
 Page 24, line 19:                                                             
  Delete "four"                                                                
  Insert "five"                                                                
                                                                               
 Page 24, lines 20-24:                                                         
  Delete all material and insert:                                              
   "(1) one person who is licensed under AS 08.64;                             
   (2) one person who is a health care provider licensed                       
  under AS 08 but who is not licensed under AS 08.64; and                      
   (3) three persons who represent the interests of                            
 health  care consumers."                                                      
                                                                               
                                                                               
 SENATOR SHARP asked for clarification of AS 08 and AS 08.64.                  
 SENATOR DUNCAN said that it was the same references as in SB
 367.                                                                          
 Number 390                                                                    
                                                                               
 CHAIRMAN RIEGER did not have a strong feeling regarding the                   
 amount of consumer versus provider representation; however,                   
 Amendment 19 may go too far.  He opposed Amendment 19, but                    
 offered to work on the concept.  He did want public                           
 representation, but was unsure of the design.  He was not                     
 convinced that a consumer dominated board would produce the best              
 plan.  SENATOR DUNCAN asked for a roll call vote.                             
                                                                               
 SENATOR SHARP reviewed AS 08 and AS 08.64.  CHAIRMAN RIEGER                   
 believed that the statutes referred to anyone other than a                    
 physician or osteopath.                                                       
                                                                               
 Upon a roll call, Senators Duncan and Ellis voted "Yea" and                   
 Senators Rieger, Sharp, Leman, and Miller voted "Nay."  The                   
 motion failed.                                                                
                                                                               
 CHAIRMAN RIEGER pointed out that there was an error in the draft              
 CS on page 22.  The drafter failed to make the changes as                     
 specified in Amendment 1; it would change "prematernal" to                    
 "prenatal."  That would be changed in the final CS.  He also                  
 noted that on page 23, line 3 should read "whichever is lower"                
 not "whichever is higher."  Chairman Rieger moved to adopt that               
 amendment.                                                                    
                                                                               
 SENATOR DUNCAN asked if the premium could not exceed $100.                    
 CHAIRMAN RIEGER said yes.  There was no objection to the change               
 already incorporated in the CS.                                               
                                                                               
 Number 444                                                                    
                                                                               
 SENATOR DUNCAN moved a conceptual amendment, Amendment 20, in                 
 response to the single subject violation.  He moved that the                  
 provisions relating to the cigarette tax, the changing of the                 
 interest rate, and provisions relating to .08 all be removed.                 
 Those provisions should be forwarded out of the committee in                  
 separate legislation.                                                         
                                                                               
   SENATOR MILLER objected.                                                    
                                                                               
 CHAIRMAN RIEGER informed the committee that he had received an                
 opinion from legal services similar to that of Senator Duncan                 
 and he had also spoken with the Judiciary Chairman.  He                       
 explained that he had asked the Judiciary Chairman to review the              
 single subject rule regarding SB 367.  Perhaps, it would be                   
 necessary to separate the subjects as Senator Duncan's amendment              
 suggests.  Chairman Rieger also noted that the Judiciary                      
 Chairman has other .08 language, Tort Reform measures, and                    
 judgement on interest language.  SENATOR DUNCAN reiterated that               
 SB 367 was unconstitutional.                                                  
                                                                               
 CHAIRMAN RIEGER stated that he was not convinced that SB 367 was              
 unconstitutional.  SENATOR DUNCAN said that if SB 367 passes out              
 as it is then the Courts would rule against it.  CHAIRMAN RIEGER              
 pointed out that the Alaskan courts have never ruled a bill                   
 unconstitutional for violation of the single subject rule.                    
 SENATOR DUNCAN noted that when there has been a clear opinion of              
 a violation, the legislature has always corrected that.                       
                                                                               
 SENATOR ELLIS noted his support of the pieces of the                          
 legislation, but the bill seems to be doomed.  He supported                   
 Amendment 20.                                                                 
                                                                               
 CHAIRMAN RIEGER reiterated that he would forward Mr. Ford's memo              
 and the question to the Judiciary Chairman to decide whether or               
 not the bill should be divided.  He opposed the motion.                       
                                                                               
 Upon a hand vote, Senators Sharp, Duncan, and Ellis voted "Yea"               
 and Senators Rieger, Leman and Miller voted "Nay."  The motion                
 failed.                                                                       
                                                                               
 SENATOR MILLER moved SB 367 HES as amended out of committee with              
 individual recommendations and accompanying fiscal notes.                     
 Hearing no objection, it was so ordered.                                      
                                                                               
 There being no further business before the committee, the                     
 meeting was adjourned at 1:40 p.m.                                            
                                                                               

Document Name Date/Time Subjects