Legislature(1997 - 1998)

03/11/1998 09:10 AM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
      SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE                   
                          March 11, 1998                                       
                            9:10 a.m.                                          
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Gary Wilken, Chairman                                                  
Senator Lyda Green                                                             
Senator Johnny Ellis                                                           
Senator Loren Leman, Vice-Chairman                                             
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Jerry Ward                                                             
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SENATE BILL NO. 291                                                            
"An Act relating to living wills, do not resuscitate orders,                   
anatomical gifts, and the care and treatment of persons with                   
serious medical conditions."                                                   
     MOVED CSSB 291(HES) OUT OF COMMITTEE                                      
                                                                               
SENATE BILL NO. 260                                                            
"An Act requiring that the cost of contraceptives and related                  
health care services be included in health insurance coverage."                
     HEARD AND HELD                                                            
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
SB 291 - No previous committee action.                                         
                                                                               
SB 260 - No previous committee action.                                         
                                                                               
WITNESS REGISTER                                                               
                                                                               
Ralph Bennett                                                                  
Legislative Aide to Senator Robin Taylor                                       
Alaska State Capitol                                                           
Juneau, Alaska  99801-1182                                                     
POSITION STATEMENT:  Testified for sponsor of SB 291                           
                                                                               
Bridget Carney                                                                 
2022 McLean Blvd.                                                              
Eugene, Oregon  97405                                                          
POSITION STATEMENT:  Supports SB 291                                           
                                                                               
Virginia Peri                                                                  
545 W 19th Ave.                                                                
Anchorage, Alaska  99503                                                       
POSITION STATEMENT:  Supports SB 291                                           
                                                                               
Deborah Randall                                                                
Davis and Davis                                                                
8601 Pioneer                                                                   
Anchorage, Alaska  99504                                                       
POSITION STATEMENT:  Supports SB 291                                           
                                                                               
Dr. Thomas Buller                                                              
University of Alaska, Anchorage                                                
3832 Sycamore Loop                                                             
Anchorage, Alaska  99504                                                       
POSITION STATEMENT:  Supports SB 291                                           
                                                                               
Richard Williams                                                               
Older Alaskans Commission                                                      
520 West 19th Avenue                                                           
Anchorage, Alaska  99503                                                       
POSITION STATEMENT:  Supports SB 291                                           
                                                                               
Fran McNeill                                                                   
Family Care Coordinator, Life Alaska                                           
1205 E International #103                                                      
Anchorage, Alaska  99515                                                       
POSITION STATEMENT:  Supports SB 291                                           
                                                                               
Melba Cooke                                                                    
Alaska Aids Assistance Association                                             
8821 Banjo Circle                                                              
Anchorage, Alaska   99502                                                      
POSITION STATEMENT:  Supports SB 291                                           
                                                                               
Joe Ambrose                                                                    
Chief of Staff to Senator Robin Taylor                                         
Alaska State Capitol                                                           
Juneau, Alaska  99801-1182                                                     
POSITION STATEMENT:  Answered questions about SB 291                           
                                                                               
Robin Smith                                                                    
14100 Jarvi                                                                    
Anchorage, Alaska  99515                                                       
POSITION STATEMENT:  Supports SB 260                                           
                                                                               
Mary Ostback                                                                   
10231 Lone Tree                                                                
Anchorage, Alaska  99516                                                       
POSITION STATEMENT:  Supports SB 260                                           
                                                                               
Connie Page                                                                    
2211 Penrose Lane                                                              
Fairbanks, Alaska  99709                                                       
POSITION STATEMENT:  Supports SB 260                                           
                                                                               
Gordon Evans                                                                   
Health Insurance Association of America                                        
211 4th Street                                                                 
Juneau, Alaska  99801                                                          
POSITION STATEMENT:  Opposed to SB 260                                         
                                                                               
Mike Lessmeier                                                                 
State Farm Insurance Company                                                   
Lessmeier & Winters                                                            
124 W 5th                                                                      
Juneau, Alaska  99801                                                          
POSITION STATEMENT:  Opposed to SB 260                                         
                                                                               
Angela Salerno                                                                 
Nasional Assn. of Social Workers                                               
525 Main Street                                                                
Juneau, Alaska  99801                                                          
POSITION STATEMENT:  Supports SB 260                                           
                                                                               
Karen Pearson                                                                  
Division of Public Health                                                      
Department of Health & Social Services                                         
P.O. Box 110610                                                                
Juneau, Alaska  99811-0610                                                     
POSITION STATEMENT:  Answered questions about PRAMS                            
                                                                               
Lisa Blacker                                                                   
536 Paul Street                                                                
Juneau, Alaska  99801                                                          
POSITION STATEMENT:  Supports SB 260                                           
                                                                               
Caren Robinson                                                                 
P.O. Box 33702                                                                 
Juneau, Alaska  99801                                                          
POSITION STATEMENT:  Supports SB 260                                           
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-24, SIDE A                                                             
Number 001                                                                     
                                                                               
CHAIRMAN WILKEN called the Senate Health, Education and Social                 
Services (HESS) Committee to order at 9:10 a.m.  Present were                  
Senators Wilken, Green, and Ellis.  CHAIRMAN WILKEN announced SB
246 and SB 252 will be before the committee on Friday, at which                
time he intends to pass both bills out of committee.  He asked                 
anyone interested in either bill to submit suggestions and comments            
to his office by Thursday.  The first order of business before the             
committee was SB 291.                                                          
                                                                               
       SB 291 - LIV. WILLS/ANATOMICAL GIFTS/PATIENT CARE                       
                                                                               
RALPH BENNETT, legislative aide to Senator Robin Taylor, sponsor of            
SB 291, read the sponsor statement.  SB 291 revises Title 18,                  
Chapter 12, which pertains to rights of the terminally ill.  The               
current statute offers little assurance that an incapacitated                  
person's wishes will be carried out because it states that living              
wills are operative only if the declarant's condition is determined            
to be terminal.                                                                
                                                                               
SB 291 clarifies that an advance directive or living will is given             
operative effect only if it has been medically determined that the             
declarant is in a serious medical condition.   The bill defines                
"medically determined" as a determination from two physicians who              
personally examined the patient, one of whom is the attending                  
physician.  The bill defines "serious medical condition" as: a) a              
terminal condition; b) a permanently unconscious condition; c) a               
condition in which the administration of life-sustaining procedures            
would not benefit the patient's medical condition and would cause              
permanent and severe pain; and d) a progressive illness that will              
be fatal and is in an advanced stage; the person is consistently               
and permanently unable to communicate by any means, to swallow food            
and water safely, to care for the person's self, and to recognize              
the person's family and other people, and it is very unlikely that             
the person's condition will substantially improve.                             
                                                                               
                                                                               
SB 291 was modeled after Oregon law.  That law was cited in a                  
Journal of the American Medical Association study as respecting the            
wishes of the patient.  Section 7 of SB 291 clarifies that nothing             
in this chapter is intended to condone, authorize, or approve mercy            
killing or assisted suicide.  Section 8 sets out conditions under              
which life-sustaining procedures can be withheld when an individual            
does not have a living will.                                                   
                                                                               
CHAIRMAN WILKEN noted Mark Johnson of the Department of Health and             
Social Services (DHSS) and Joe Ambrose of Senator Taylor's staff               
were available to answer questions.                                            
                                                                               
Number 125                                                                     
                                                                               
BRIDGET CARNEY, Corporate Director of Ethics for PeaceHealth, a                
Catholic health care system in Alaska, Washington, and Oregon,                 
testified in favor of SB 291 via teleconference.  Under Oregon's               
Self Determination Act, Peacehealth is able to offer to all                    
patients, entering its hospital facilities, the opportunity to                 
complete an advanced directive.  When a patient expresses interest,            
a social worker is available upon request to help complete the                 
documents.  This approach has been very successful as far as                   
patient understanding of his/her options in terms of withholding               
and withdrawing treatment and it forces patients and physicians to             
communicate about the advance directive options in a thorough                  
manner.  It also gives the person with durable power of attorney               
the ability to withhold and withdraw treatment as needed if the                
patient is unconscious.  Staff clearly explain the difference                  
between an advanced directive and assisted suicide, given that                 
Oregon has such legislation.  MS. CARNEY said an advance directive             
does not substitute for conversation, because one might be kept                
elsewhere in a clinic file without the knowledge of the attending              
physician, so the document is not useful.  She reiterated she                  
strongly supports this approach and the way it has been adapted in             
SB 291.                                                                        
                                                                               
Number 174                                                                     
                                                                               
VIRGINIA PERI made the following comments on her own behalf.                   
Current Alaska law pertaining to living wills is overly broad,                 
speaks only to terminal illness, and needs clarification.  She has             
had five operations in six years but her wishes as a patient, as               
stated in her Alaska living will, were not honored in Alaska                   
hospitals because she was not terminally ill.  She chose to prepare            
a second living will in Oregon that speaks to serious medical                  
illness which was accepted in Washington State by the University of            
Washington Medical Center Hospital while she was treated there.  In            
addition, current Alaska law contains no definitions for life-                 
sustaining procedures and nutrition and hydration, and treats all              
equally.  Many persons enter a hospital without a living will and              
are not aware of their rights as a patient.  SB 291 clarifies the              
law to give greater understanding to those people using a living               
will.                                                                          
                                                                               
DEBORAH RANDALL, an attorney with the law firm of Davis and Davis,             
stated she worked with Virginia Peri on this legislation.  She and             
Ms. Peri believe tremendous advancements in the area of advanced               
directives and health care powers of attorney have occurred over               
the last few years.  Linda Emmanuel, working with the American                 
Medical Association, recently published a 12 page advanced                     
directive that outlines several medical conditions and the medical             
treatment options a person can choose to have or have not applied.             
Alaska's statute addresses one condition: a terminal condition,                
defined as "a progressive incurable or irreversible condition that,            
without the administration of life-sustaining procedures, will, in             
the opinion of two physicians, result in death within a relatively             
short time."  She stated under that definition leaves a lot of room            
for misinterpretation and could result in withholding CPR on a 40              
year old who had a heart attack because a heart attack can be                  
considered an irreversible condition. The Oregon statute is much               
more thorough and has passed the test of time.  It allows a patient            
to tailor his/her wishes to many different situations; i.e., it                
allows the patient to decide whether he/she wants every life saving            
measure taken for a terminal condition unless he/she is in a                   
persistent vegetative coma.  She suggested combining Alaska's                  
living will statute with the health care power of attorney                     
provision which currently consists of two lines in the general                 
power of attorney law.  In addition, she asked that provision be               
amended to allow an agent to withhold life-sustaining procedures.              
Ms. Randall stated her support of SB 291 and said it will create a             
win-win situation for all Alaskans.                                            
                                                                               
Number 249                                                                     
                                                                               
RICHARD WILLIAMS, senior representative of the Older Alaskans                  
Commission, testified via teleconference from Anchorage.  MR.                  
WILLIAMS said death does not frighten him, dying does.  Recent                 
advancements in the field of medicine allow doctors to draw out the            
process of dying as long as they wish.  SB 291 gives individuals               
the opportunity to determine how they want to die in certain                   
circumstances.                                                                 
                                                                               
FRAN MCNEILL, Family Care Coordinator for Life Alaska, stated                  
support for SB 291 for the following reasons.  SB 291 honors the               
patient and family by allowing the patient the right of self-                  
determination and preserving the patient's autonomy. It enables the            
family and patient to look at some of the most pressing and                    
difficult issues surrounding the possibility of death prior to a               
crisis.  It also supports the community and gives people the                   
opportunity to choose whether to donate tissue and organs.  SB 291             
clarifies some of the complex issues we face resulting from                    
advancements made in the field of health care.                                 
                                                                               
TOM BULLER, Ph.D., a member of the Department of Philosophy at the             
University of Alaska, Anchorage, concurred with remarks made by                
previous witnesses, and added the following comments.  SB 291  has             
an ethical/moral basis and provides evidence of our respect for                
self-autonomy, self-determination, and individual well being.                  
Advance directive legislation allows an individual to determine the            
conditions under which he/she wishes treatment to be discontinued.             
The bill fosters physician/patient communication and allows for                
discussion about expectations of the quality of one's life.  He                
agreed with Ms. Carney that SB 291 in no way endorses assisted                 
suicide.  It deals with the right to refuse treatment.  The Supreme            
Court stated in two rulings last year that the right to bodily                 
integrity is very different from the issue of assisted suicide.                
                                                                               
Number 328                                                                     
                                                                               
MELBA COOKE, a case manager with the ALASKANS AIDS ASSISTANCE                  
ASSOCIATION, stated support for SB 291.  At present, her clients               
must write out everything they wish in regard to life-sustaining               
procedures; SB 291 speaks to everything her clients would                      
appreciate.  She agreed with previous speakers' comments and                   
encouraged committee members to pass this legislation.                         
                                                                               
SENATOR ELLIS pointed out the Legislature passed legislation                   
relating to advanced directives for mental health care by former               
Senator Reiger two years ago.  The Legislature is not plowing new              
ground in terms of the advanced directive aspect of SB 291, but is             
reviewing the current living will statute which is unworkable and              
inadequate.  He congratulated the sponsor for putting the bill                 
forward, and said he is glad to be a co-sponsor.  Senator Ellis                
maintained that advanced directives are allowed in the realm of                
mental health care, therefore the same reasoning should be applied             
to other areas of health care.                                                 
                                                                               
SENATOR GREEN questioned whether the new advance directives are                
complex and will have to be completed in consultation with an                  
attorney.                                                                      
                                                                               
MS. CARNEY answered no, the paperwork does not require a patient to            
meet with an attorney.  The Sacred Heart Hospital has prepared an              
educational booklet that contains definitions of terms and other               
detailed information for patients, and the hospital's social                   
workers review the documents with patients.                                    
                                                                               
Number 371                                                                     
                                                                               
MR. AMBROSE indicated the new advance directive is actually less               
complicated than the medical directive packet compiled by the AMA.             
The AMA packet gets into areas that most people do not even want to            
think about.  The problem with the current law is that it is so                
broad, specific instructions are frequently not carried out.  The              
Chase Review reports that a living will should state completely and            
explicitly those areas of health care about which the individual               
wants to make decisions.  He reminded committee members under state            
law, any attorney in Alaska must assist a person with a living will            
on a pro bono basis.  He noted committee packets contain a copy of             
the documents offered to clients.                                              
                                                                               
MS. CARNEY indicated PeaceHealth is investigating how to put                   
advanced directives on to a computer system so that patients'                  
wishes are readily available because sometimes records are not                 
accessible in emergency situations.                                            
                                                                               
Number 394                                                                     
                                                                               
SENATOR GREEN asked whether SB 291 mandates that educational                   
materials be provided to the patient.                                          
                                                                               
MR. AMBROSE replied it does not.                                               
                                                                               
SENATOR ELLIS moved CSSB 291(JUD) out of committee with individual             
recommendations.  There being no objection, the motion carried.                
The committee took a brief at-ease.                                            
                                                                               
         SB 260 - INSURANCE COVERAGE FOR CONTRACEPTIVES                        
                                                                               
SENATOR ELLIS, sponsor of SB 260, gave the following synopsis of               
the measure.  SB 260 is known as the Contraceptive Coverage Act.               
It is intended to broaden the coverage for prescription                        
contraceptives in the State of Alaska through private health                   
insurance plans.  Nationwide, most plans exclude such coverage:                
only one-third of health insurers cover oral contraceptives, the               
most popular method; 15 percent cover diaphragms; 18 percent cover             
IUDs; and 24 percent cover hormonal implants.  Coverage in Alaska              
is no better.  Those specific birth control methods are the most               
effective, are more costly, and are obtainable only from a health              
care provider.  Though most insurance plans provide no                         
contraceptive coverage, they routinely cover abortions,                        
sterilization, tubal ligation, infertility, and impotence                      
treatments, all more expensive procedures related to fertility.                
Increased access to contraceptive services will help families to               
bring children into healthier homes when the time is right.                    
Senator Ellis noted a slide presentation was prepared to show                  
committee members the economic and social benefits of expanding                
contraceptive coverage.                                                        
                                                                               
CHAIRMAN WILKEN introduced MICHELE GEARHART, legislative aide to               
Senator Ellis, who would be assisting Senator Ellis with the slide             
presentation.                                                                  
                                                                               
Number 434                                                                     
                                                                               
SENATOR ELLIS discussed the first slide which contained 1987                   
statistics on pregnancies by outcome, the most recent statistics               
available from national sources.  The statistics are as follows:               
     43 percent of all pregnancies were intended pregnancies;                  
     20 percent of all pregnancies were mistimed pregnancies;                  
     8 percent of all pregnancies were unwanted pregnancies; and               
     29 percent of unwanted or mistimed pregnancies result in                  
         abortions.                                                            
                                                                               
The second slide showed that of the 5.4 million pregnancies that               
occurred in the last decade, 3.1 million were unintended at the                
time of conception.  Of that 3.1 million, 1.5 million resulted in              
live births while 1.6 million ended in abortion.  Only 2.3 million             
pregnancies were intended at the time of conception and resulted in            
live births.                                                                   
                                                                               
SENATOR ELLIS emphasized that intendedness is a big issue for all              
couples.  Statistics show that 57 percent of all pregnancies are               
unintended.  The next slide gave the percentage of women who                   
unintendedly become pregnant according to age, marital status and              
FPL.  The Alaska Pregnancy Risk Assessment Monitoring System                   
(PRAMS) data indicates that of pregnancies among Alaska women, 41              
percent were unintended; 90 percent of the women were not using, or            
improperly using, a birth control method.                                      
                                                                               
CHAIRMAN WILKEN asked about the PRAMS program.                                 
                                                                               
KAREN PEARSON, Division of Public Health, DHSS, explained PRAMS is             
a voluntary survey conducted by DHSS, about six months after a                 
birth, to compile information on all live births in Alaska. 14                 
other states have similar surveys.                                             
                                                                               
CHAIRMAN WILKEN asked what percent of surveys are returned.                    
                                                                               
MS. PEARSON answered the responses are broken down by strata but               
she estimated 60 to 80 percent are returned, depending on the                  
strata.                                                                        
                                                                               
SENATOR ELLIS stated that unintended pregnancy is costly on many               
levels.  The costs to the family include abuse, poverty, and                   
divorce - costs that have a direct impact on the state budget.  The            
social costs include lower paying jobs, higher unemployment, and               
greater likelihood of welfare receipt.  He added the hard core                 
economic costs are pregnancy care costs in the form of ectopic                 
pregnancies, induced abortions, spontaneous abortions, and term                
pregnancies.                                                                   
                                                                               
SENATOR ELLIS explained the next two slides contain information                
from a book entitled The Best Intentions.  The slides listed the               
consequences for unplanned babies and the consequences for family              
formation.                                                                     
                                                                               
SENATOR ELLIS reviewed information about health plans.  Despite                
nearly universal drug coverage, many health plans exclude                      
contraceptives: 97 percent offer prescription drug coverage of                 
other types but 49 percent fail to cover contraceptive methods.                
Only 15 percent cover all five reversible methods of contraception             
(IUD, diaphragm, implants, injections, and oral contraceptives).               
Many policies exclude contraceptives even if they are prescribed               
for a medical condition other than birth control.                              
                                                                               
The next slide showed the medical costs over five years of using               
contraceptives versus no method, which leads to wanted and unwanted            
pregnancies.                                                                   
                                                                               
SENATOR ELLIS stated the average out of pocket cost for oral                   
contraceptives is $25 per month.  Adding oral contraceptives to a              
drug card plan increases employee cost by about $16.20 per year, or            
$1.35 per month.  He added that gender inequity does exist in these            
health care plans.  On average, women pay more and get less for                
their health insurance coverage.  In sharp contrast, most health               
insurance policies offer full coverage for drugs and devices for               
men, including prostate treatment, penile implants, testicular or              
urogenital diseases and medication for male impotence.                         
                                                                               
CHAIRMAN WILKEN thanked Ms. Gearhart for the presentation materials            
she provided for the committee.                                                
                                                                               
Number 506                                                                     
                                                                               
SENATOR ELLIS summarized by saying society is spending millions of             
dollars on the consequences of unintended pregnancies.  Support for            
family planning is broad and contraceptive coverage is cost                    
effective.  If all families had access to contraception, more                  
children would be wanted, poverty and welfare dependence would be              
reduced, and the number of abortions would be reduced dramatically.            
He quoted the former surgeon general of the United States as                   
follows, "The starting point of effective child abuse prevention is            
pregnancy planning."                                                           
                                                                               
Senator Ellis noted his appreciation to Tom Atkinson of                        
Representative Croft's staff who helped prepare the materials for              
the presentation.                                                              
                                                                               
CONNIE PAGE testified on her own behalf from Fairbanks.  She                   
questioned why insurance companies are not already covering all                
contraceptives.  Contraceptives have been regularly excluded by                
insurers even though they are the most widely used drugs by women              
aged 18 to 44.  Oral contraceptives and hormonal implants are the              
most effective, yet they are expensive and obtainable only from a              
health care provider.  As the mother of two daughters, she is aware            
of the statistics on teen pregnancy.  The fact is many teens are               
sexually active at an early age, whether parents want them to be or            
not.  She wondered how low income families face the costs of                   
contraceptives and the hard choices they are forced to make.                   
Research data from the Alaska Division of Public Health show that              
one-half of the births in Alaska are unplanned.  Improving private             
insurance coverage for contraceptive services, or increasing access            
to contraception, can reduce barriers to effective family planning.            
Ms. Page commented that it is ironic that insurance plans cover                
impotence treatment to assure that men can be sexually active while            
women are not assured that their pregnancies can be prevented.                 
                                                                               
BETH CARLSON testified from Eagle River on her own behalf in                   
support of SB 260.  Women pay 68 percent more in health care                   
expenses during their reproductive years than do men, due in large             
part to the costs women must pay for reproductive health care, such            
as gynecological care and contraception. The lack of coverage of               
these health care costs places a heavy burden on young families                
struggling with many other expenses.  Requiring insurance companies            
to cover prescription and device contraceptives would not only be              
economically beneficial to insurance companies but will benefit                
young women and couples.  SB 260 will also benefit Alaska                      
businesses.  In a one year time period, 85 percent of women in                 
their childbearing years, who are sexually active but do not use               
contraception, become pregnant, as opposed to only three to six                
percent of such women who use oral contraceptives.  As any employer            
knows, a pregnancy, whether planned or unplanned, affects worker               
productivity.  Many women experience morning sickness, have                    
required doctor's visits, sometimes require bed rest, and need time            
off for the birth itself and maternity leave.  The husband's                   
productivity can be affected for various reasons as well.                      
Requiring insurance companies to cover the costs of contraception              
will almost certainly decrease the number of unintended                        
pregnancies, and will benefit not only those women and couples who             
are not yet prepared to have a child, but also the businesses that             
employ them.  Requiring insurance companies to cover prescription              
contraception is also a way to ensure that every child is wanted               
and loved from the moment of conception.  She urged committee                  
members to pass SB 260.                                                        
                                                                               
SENATOR ELLIS asked anyone who has written testimony to fax it to              
the committee to be included in committee packets.                             
                                                                               
ROBIN SMITH testified on behalf of herself and her husband,                    
business owners with 11 employees, in strong support of SB 260.  In            
the last couple of years, they have seen a number of both male and             
female employees deal with unintended pregnancies.  Every case has             
been stressful as well as a financial and time burden.  As an                  
employer, she can support employees by providing medical insurance             
for contraception which she believes to be basic health care for               
women.  In our society, it is a woman's responsibility to prevent              
unintended pregnancies.  While most employment related insurance               
policies in the United States cover prescription drugs in general,             
a vast majority do not include equitable coverage for prescriptive             
contraceptive drugs and devices.   Similarly, while both policies              
cover outpatient medical services in general, they often exclude               
outpatient contraceptive services.  This failure is costly, both to            
insurance companies who may have to pay for maternity care, as well            
as families whose lack of physical and financial well-being is                 
threatened by an unintended pregnancy and the lack of access to                
equitable coverage for contraceptives.                                         
                                                                               
TAPE 98-24, SIDE B                                                             
                                                                               
MS. SMITH continued.  Young women entering the workforce frequently            
start out at minimum wage at a time when they need contraceptives              
most and can least afford them.  As previously stated, women pay 68            
percent more in out-of-pocket medical expenses during this time                
period.  Unintended pregnancies can also damage a woman's career.              
Having the added cost of child care rapidly erodes the purpose of              
working.  If a young woman already has one infant in child care,               
the cost of a second child could force her to quit her job.                    
Maintaining a well trained dependable staff is vital to operating              
a profitable business.  Encouraging planned pregnancies when young             
adults can afford a family simply makes sense.                                 
                                                                               
MARY OSTBACK testified from the perspective of a contraceptive                 
consumer.  Her husband's state insurance policy allows two options             
regarding contraception: a vasectomy or tubal ligation. When                   
neither option is suitable, women are forced to pay for any of the             
other options available.   This places an unfair burden on women               
who are already paying much more than men do in health care costs.             
She believes the state should ensure that women have the support               
and ability to prevent pregnancies so that they do not have to take            
advantage of other options.  She stated her strong support for SB
260.                                                                           
                                                                               
Number 548                                                                     
                                                                               
GORDON EVANS, representing the Health Insurance Association of                 
America (HIAA), a national trade association of commercial health              
insurance companies that provide health insurance for approximately            
55 million Americans, testified.  He clarified HIAA does not                   
represent Blue Cross, AETNA, or some of the other major insurance              
companies.  HIAA opposes SB 260 for a number of reasons, not the               
least of which is that the provisions mandate a specific coverage              
of something that is not considered to be basic health care                    
treatment.  The consequence of this mandate would be to increase               
the costs of health insurance, and reduce the efficiencies of                  
managed care.  HIAA favors the preservation of a system that allows            
the prospective purchaser of health insurance free choice of which             
risk he or she wishes to cover from the various coverages offered              
by competing insurance carriers.  HIAA also believes the choice of             
how a policyholder spends what funds are available for health                  
insurance should be free of government decree.  It continues to                
oppose the proliferation of benefits through a government mandate.             
The services for which coverage would be mandated by SB 260 are                
generally considered to be elective services.  Insurance companies             
are not in the business to provide free health insurance coverage.             
Anytime the government mandates specific coverage, that becomes one            
of the rating factors insurance carriers then use in making                    
underwriting decisions.  If the coverage sought by SB 260 is                   
mandated, premium costs will be increased even for those people who            
have no use for, or do not want, the coverage.  Furthermore, if                
this legislation passes and coverage for contraceptive services is             
mandated, this mandate would apply only to individual policies,                
smaller employer group policies, and certain other group policies,             
those who can least afford a premium increase.  The mandate of SB
260 would not affect Alaska's largest employers: state employee                
coverage, CARRS, BP, ARCO, EXXON, or the Municipality of Anchorage             
because they are all self-insured and are subject to federal ERISA             
law which preempts state law.  He thought approaching Congress to              
change ERISA would be more appropriate.  He added that most of the             
companies he represents do not routinely cover abortions,                      
vasectomies, sterilizations, and tubal ligations.                              
                                                                               
SENATOR ELLIS asked whether HIAA opposed the state mandate for                 
mammograms.                                                                    
                                                                               
MR. EVANS replied HIAA opposes any mandate, but it did not go on               
record last year as opposing mammograms, pap smears, prostate                  
coverage, etc.                                                                 
                                                                               
SENATOR ELLIS asked if HIAA did not because it would be politically            
unpopular to specify those services.                                           
                                                                               
MR. EVANS said he did not know why.  He was instructed to oppose               
all mandates.                                                                  
                                                                               
SENATOR ELLIS pointed out that while the state would not be                    
affected because it is self-insured, it has been the state's                   
practice to comply with legislative mandates for other carriers.               
                                                                               
MR. EVANS thought the state considered such mandates through its               
collective bargaining process.                                                 
                                                                               
Number 494                                                                     
                                                                               
SENATOR ELLIS asked Mr. Evans if he agreed with the HIAA quote on              
the slide.                                                                     
                                                                               
MR. EVANS replied he cannot disagree with that statistic.                      
                                                                               
SENATOR ELLIS clarified that HIAA estimated that adding oral                   
contraceptives to a drug card plan would increase employee cost by             
about $1.35 per month.                                                         
                                                                               
MR. EVANS commented if that cost was mandated, insurance carriers              
would have to drop coverage elsewhere.                                         
                                                                               
CHAIRMAN WILKEN questioned the disparity between benefits for males            
in our society versus females.  He stated he always assumed oral               
contraceptives were covered under all insurance plans but found out            
they are not, even when they are prescribed for purely medical                 
reasons other than birth control.  He said he co-sponsored this                
bill because he cannot understand why oral contraceptives are not              
covered, especially when they are prescribed for medical reasons.              
                                                                               
MR. EVANS responded the definition of the word "contraceptives"                
leaves a bit to be desired.  That definition describes                         
contraceptives as an appliance, a drug, or a medicinal for                     
preparation intended for the prevention of conception.  That                   
definition could include a box of condoms.  He suggested tightening            
up the definition.                                                             
                                                                               
CHAIRMAN WILKEN indicated he thought a drug would be covered if it             
was medically prescribed, according to the definition of health                
care services.                                                                 
                                                                               
MR. EVANS stated Section 2(a) of SB 260 mandates coverage for                  
contraceptives and related health care services.  Medically                    
prescribed services would be covered under related health care                 
services.  Contraceptives include appliances, which can cover many             
things.                                                                        
                                                                               
CHAIRMAN WILKEN said he interprets that section to mean either                 
would have to be prescribed or administered by a doctor, which is              
his intent.  He asked Mr. Evans if he could offer suggestions to               
clarify that language.                                                         
                                                                               
SENATOR ELLIS indicated Chairman Wilken's interpretation is his                
intent as well.  He noted that intent was expressed to the drafter             
who wrote the bill.                                                            
                                                                               
MR. GORDON suggested including a letter of intent to clarify the               
issue.                                                                         
                                                                               
Number 439                                                                     
                                                                               
MIKE LESSMEIER, representing State Farm Insurance (an HIAA member),            
stated State Farm is opposed to SB 260 because it mandates a                   
benefit which mandates a cost, and that cost is then mandated to               
everyone whether or not they need the benefit.   Mandating benefits            
also interferes with the functioning of a system that has worked               
well in the free market system based on competition.  If                       
availability of a coverage is a true concern, mandating an offer of            
that coverage is more desirable so that the people who use it are              
the ones who pay for it.  State Farm does not believe that relating            
the issue of an unwanted pregnancy to the issue of the availability            
of insurance is fair.  The Legislature cannot legislate personal               
responsibility.  State Farm's concern about mandates does not only             
relate to this issue; it relates across the board.                             
                                                                               
CHAIRMAN WILKEN asked why State Farm would oppose an increased cost            
of $1.60 per month now to prevent a problem that could cost                    
thousands.                                                                     
                                                                               
MR. LESSMEIER replied to begin with, he does not think the $1.60               
figure is accurate.  He commented if that is truly the question,               
then the state should pay that increase, rather than private                   
individuals who have no need for the service.  He repeated his                 
opposition to imposing that cost on everyone.  He maintained it is             
unfair to look at individual issues in isolation because there is              
a laundry list of services many people believe are necessary and               
should be covered, counseling being one.  He stated the question               
is, where does one draw the line because if all of them are                    
covered, the product will be unaffordable, which will help no one.             
He repeated that if availability is the problem, mandating an offer            
of availability is a better approach.                                          
                                                                               
Number 386                                                                     
                                                                               
SENATOR ELLIS indicated he agreed with Chairman Wilken that the                
incremental cost of providing this coverage is tiny and that SB 260            
will not mandate personal responsibility; it will enable people to             
exercise personal responsibility.  Asking people to bear this small            
increase in policy costs is not an issue because society is bearing            
the costs of unintended pregnancies now to a great extent.                     
                                                                               
MR. LESSMEIER repeated it is unfair to equate an unwanted pregnancy            
to a lack of health insurance coverage for contraceptives.  He                 
suggested looking at data from other states with similar                       
legislation to see if it has had any impact on unwanted                        
pregnancies.                                                                   
                                                                               
Number 327                                                                     
                                                                               
LISA BLACKER, representing herself, made the following comments.               
Regarding Mr. Lessmeier's opposition to requiring all policyholders            
to pay for the increased cost of contraceptive coverage, she said              
she is already paying for things that go toward men's health care              
coverage in her premium cost.   She supports SB 260 for two primary            
reasons.  First, it will reduce the disparity in out-of-pocket                 
health care costs between men and women.  Second, and more                     
importantly, it will help reduce the number and consequences of                
unintended pregnancies.  The National Academy of Sciences'                     
Institute of Medicine released a 1995 report stating that 50                   
percent of all pregnancies in the United States were unintended.               
The number climbs to 60 percent among poor women; 73 percent among             
never-married women; and 86 percent among unmarried teens.  Such               
pregnancies impose great burdens on families and societies.  The               
Institute of Medicine also notes that the failure to cover birth               
control leads to higher costs for the insurer.  Abortions, delayed             
prenatal care, low birth weight, and higher infant mortality rates             
are the costs associated with unintended pregnancies.  Those costs             
are far higher than the costs of birth control and are reflected in            
the price we pay for insurance premiums now.  SB 260 could play a              
significant role in increasing access to more safe and effective               
methods of birth control and reduce the tragic consequences of                 
unintended pregnancies.                                                        
                                                                               
Number 327                                                                     
                                                                               
ANGELA SALERNO, representing the National Association of Social                
Workers (NASW), made the following comments.  NASW strongly                    
supports SB 260 as it will help working families access the most               
effective forms of birth control so they can plan happy, healthy,              
wanted families.  Unintended pregnancy is an issue of basic health             
care for women and families.  A 1996 Institute of Medicine Report              
found the contraceptive needs of a number of groups in society                 
remain unmet so recommended that new and improved forms of                     
contraception be researched and that the full range of                         
contraceptive products be made accessible to consumers.  It further            
states that, "...third party payers, who bear the cost and reap the            
benefits of the health status of their covered population, include             
contraception as covered service.  Family planning services and the            
management of sexual health should be integrated as comprehensive              
reproductive health services."  Ms. Salerno maintained SB 260 will             
not impact those Alaskans who are wealthy and can purchase any kind            
of contraception they wish.  It will impact Alaska's working                   
families, the people who have taken personal responsibility for                
themselves.  It will help them plan for wanted children.  NASW                 
believes prevention is the future of providing health care in this             
country.  Cost containment is an issue; prevention is the number               
one method of containing cost.  This type of measure will also                 
prevent some of the social problems experienced by the entire                  
community because everyone pays for unwanted pregnancies.  SB 260              
is about working families, prevention, social problems, and                    
unwanted pregnancies.                                                          
                                                                               
Number 288                                                                     
                                                                               
CAREN ROBINSON, testifying on her own behalf, related her recent               
experience working with a group of Close-Up students.  The Close-Up            
group studied SB 260, as well as companion legislation in the                  
House.  The group had a mock committee hearing as well as a mock               
legislative session.  The mock committee members passed SB 260                 
unanimously.  In the mock legislative session, SB 260 passed with              
a vote of 35 to 5.  Amendments containing intent language were                 
offered.  She concluded by saying the third group of Close-Up                  
students supports SB 260.                                                      
                                                                               
SENATOR ELLIS commented a Senate version of the letter of intent               
that originated in the House clarifies that the sponsor does not               
intend to mandate coverage for abortions or other medicinal                    
preparations that affect a fertilized ovum.  Also, some concern has            
been expressed about teens using SB 260 to access contraceptives               
without their parents' knowledge.  He explained that insurance                 
claims require a parent's signature therefore it is very unlikely              
that a child could get services without a parent's knowledge.                  
                                                                               
CHAIRMAN WILKEN asked Senator Ellis to read the letter of intent               
into the record.                                                               
                                                                               
SENATOR ELLIS read his letter of intent to SB 260 as follows:                  
                                                                               
     Contraceptive technology is constantly changing, and even                 
     medical experts disagree on how certain methods of                        
     contraception work.  Thus, the sponsor believes it is unwise              
     for the legislature to dispute specific methods, but that it              
     is very important to clarify the intent of SB 260.                        
                                                                               
     This legislation is intended to require insurance providers in            
     Alaska to cover contraceptives and contraceptive services.                
                                                                               
     Contraceptives have the primary purpose of, or special utility            
     for, preventing conception.                                               
                                                                               
     The sponsor intends that conception be understood as the                  
     fertilization of an ovum.                                                 
                                                                               
     The sponsor does not intend to require insurance coverage for             
     any appliance, drug or medicinal preparation (or related                  
     health care service) the primary purpose of which is to affect            
     a fertilized ovum.  Put more plainly, the sponsor does not                
     intend to mandate coverage for abortions.                                 
                                                                               
There being no further testimony on SB 260, CHAIRMAN WILKEN                    
adjourned the Senate HESS meeting at 10:32 a.m.                                

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