Legislature(2005 - 2006)BUTROVICH 205

05/01/2006 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 426 MEDICAL ASSISTANCE/INS COOPERATION TELECONFERENCED
Moved SCS CSHB 426(HES) Out of Committee
+ HB 467 ADMINISTRATION OF MEDICATION BY A NURSE TELECONFERENCED
Heard & Held
+ HB 482 SCHOOL:BULLYING/HARASSMENT/INTIMIDATION TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
                     ALASKA STATE LEGISLATURE                                                                                 
 SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE                                                              
                           May 1, 2006                                                                                          
                            1:33 p.m.                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Fred Dyson, Chair                                                                                                       
Senator Gary Wilken, Vice Chair                                                                                                 
Senator Lyda Green                                                                                                              
Senator Kim Elton                                                                                                               
Senator Donny Olson                                                                                                             
Senator Fred Dyson, Chair                                                                                                       
Senator Gary Wilken, Vice Chair                                                                                                 
Senator Lyda Green                                                                                                              
Senator Kim Elton                                                                                                               
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CS FOR HOUSE BILL NO. 426(FIN)(title am)                                                                                        
"An Act  relating to  cooperation of insurers  with the  Department                                                             
of   Health  and   Social   Services;  relating   to   subrogation,                                                             
assignment,  and lien  rights and  notices  for medical  assistance                                                             
claims; relating  to recovery of  medical assistance  overpayments;                                                             
relating  to  asset  transfers  and  income  diversion  by  medical                                                             
assistance   applicants;   relating    to   assets   and   Medicare                                                             
enrollment  as they affect  medical  assistance coverage;  relating                                                             
to  home   and  community-based   services;  relating   to  medical                                                             
assistance  applications   for  persons  under  21  years  of  age;                                                             
requiring  a  report  by  the  Department   of  Health  and  Social                                                             
Services; and providing for an effective date."                                                                                 
     MOVED SCS CSHB 426(HES) OUT OF COMMITTEE                                                                                   
                                                                                                                                
CS FOR HOUSE BILL NO. 467(HES) am                                                                                               
"An  Act relating  to  the administration  of  prescribed  remedies                                                             
and dietary supplements by a nurse."                                                                                            
     HEARD AND HELD                                                                                                             
                                                                                                                                
CS FOR HOUSE BILL NO. 482(JUD)                                                                                                  
"An  Act relating  to  harassment,  intimidation,  and bullying  in                                                             
schools."                                                                                                                       
     SCHEDULED BUT NOT HEARD                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 426                                                                                                                  
SHORT TITLE: MEDICAL ASSISTANCE/INS COOPERATION                                                                                 
SPONSOR(s): REPRESENTATIVE(s) COGHILL                                                                                           
                                                                                                                                
02/06/06       (H)        READ THE FIRST TIME - REFERRALS                                                                       
02/06/06       (H)        HES, FIN                                                                                              
02/23/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
02/23/06       (H)        <Bill Hearing Rescheduled to 2/28/06>                                                                 
02/28/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
02/28/06       (H)        Scheduled But Not Heard                                                                               
03/16/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
03/16/06       (H)        -- Meeting Canceled --                                                                                
03/21/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
03/21/06       (H)        Heard & Held                                                                                          
03/21/06       (H)        MINUTE(HES)                                                                                           
03/28/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
03/28/06       (H)        <Bill Hearing Postponed to 03/30/06>                                                                  
03/30/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
03/30/06       (H)        -- Meeting Canceled --                                                                                
04/04/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
04/04/06       (H)        <Bill Hearing Postponed to 04/11/06>                                                                  
04/11/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
04/11/06       (H)        Moved CSHB 426(HES) Out of Committee                                                                  
04/11/06       (H)        MINUTE(HES)                                                                                           
04/12/06       (H)        HES RPT CS(HES) NT 3DP 1NR                                                                            
04/12/06       (H)        DP: CISSNA, ANDERSON, WILSON;                                                                         
04/12/06       (H)        NR: GARDNER                                                                                           
04/18/06       (H)        FIN AT 10:00 AM HOUSE FINANCE 519                                                                     
04/18/06       (H)        Moved CSHB 426(FIN) Out of Committee                                                                  
04/18/06       (H)        MINUTE(FIN)                                                                                           
04/19/06       (H)        FIN RPT CS(FIN) NT 4DP 4NR                                                                            
04/19/06       (H)        DP: FOSTER, WEYHRAUCH, REPRESENTATIVE                                                                 
                          KELLY, MEYER;                                                                                         
04/19/06       (H)        NR: HOLM, STOLTZE, MOSES, CHENAULT                                                                    
04/21/06       (H)        MOVED TO BOTTOM OF CALENDAR                                                                           
04/24/06       (H)        TRANSMITTED TO (S)                                                                                    
04/24/06       (H)        VERSION: CSHB 426(FIN)(TITLE AM)                                                                      
04/25/06       (S)        READ THE FIRST TIME - REFERRALS                                                                       
04/25/06       (S)        HES, FIN                                                                                              
05/01/06       (S)        HES AT 1:30 PM BUTROVICH 205                                                                          
                                                                                                                                
BILL: HB 467                                                                                                                  
SHORT TITLE: ADMINISTRATION OF MEDICATION BY A NURSE                                                                            
SPONSOR(s): REPRESENTATIVE(s) REPRESENTATIVE KELLY                                                                              
                                                                                                                                
02/13/06       (H)        READ THE FIRST TIME - REFERRALS                                                                       
02/13/06       (H)        HES, FIN                                                                                              
03/28/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
03/28/06       (H)        <Bill Hearing Postponed to 03/30/06>                                                                  
03/30/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
03/30/06       (H)        -- Meeting Canceled --                                                                                
04/04/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
04/04/06       (H)        <Bill Hearing Postponed to 04/06/06>                                                                  
04/06/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
04/06/06       (H)        -- Rescheduled from 04/04/06 --                                                                       
04/11/06       (H)        HES AT 3:00 PM CAPITOL 106                                                                            
04/11/06       (H)        Moved CSHB 467(HES) Out of Committee                                                                  
04/11/06       (H)        MINUTE(HES)                                                                                           
04/12/06       (H)        HES RPT CS(HES) 1DP 2DNP 2AM                                                                          
04/12/06       (H)        DP: ANDERSON;                                                                                         
04/12/06       (H)        DNP: GARDNER, GATTO;                                                                                  
04/12/06       (H)        AM: CISSNA, WILSON                                                                                    
04/13/06       (H)        FIN REFERRAL WAIVED                                                                                   
04/24/06       (H)        BEFORE THE HOUSE                                                                                      
04/24/06       (H)        TRANSMITTED TO (S)                                                                                    
04/24/06       (H)        VERSION: CSHB 467(HES) AM                                                                             
04/25/06       (S)        READ THE FIRST TIME - REFERRALS                                                                       
04/25/06       (S)        HES                                                                                                   
05/01/06       (S)        HES AT 1:30 PM BUTROVICH 205                                                                          
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
RYNNIEVA MOSS                                                                                                                   
Staff to Representative John Coghill                                                                                            
Alaska State Legislature                                                                                                        
Alaska State Capitol                                                                                                            
Juneau AK 99801-1182                                                                                                            
POSITION STATEMENT: Presented sponsor statement for CSHB 426.                                                                 
                                                                                                                                
DWAYNE PEEPLES, Director                                                                                                        
Division of Health Care Services                                                                                                
Department of Health and Social Services                                                                                        
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Supported CSHB 426                                                                                       
                                                                                                                                
STACIE KRALY, Attorney                                                                                                          
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Supported CSHB 426                                                                                       
                                                                                                                                
KEVIN D. HENDERSON, Medical Assistance Administrator                                                                            
Department of Health and Social Services                                                                                        
PO Box 110601                                                                                                                   
Juneau, AK  99801-0601                                                                                                          
POSITION STATEMENT:  Supported HB 426                                                                                         
                                                                                                                                
JIM DAVIS, Attorney at Law (via teleconference)                                                                                 
Northern Justice Project                                                                                                        
Anchorage AK                                                                                                                    
POSITION STATEMENT:  Opposed CSHB 426                                                                                         
                                                                                                                                
TOM JOHNSON, General Counsel                                                                                                    
Liberty Northwest Insurance Corporation                                                                                         
650 NE Holladay Street                                                                                                          
Portland, Oregon 97232-2045                                                                                                     
POSITION STATEMENT:  Supported CSHB 426                                                                                       
                                                                                                                                
KENTON BRINE, Northwest Regional Manager                                                                                        
Property Casualty Insurers Association of America                                                                               
Olympia WA 98501                                                                                                                
POSITION STATEMENT:  Supported CSHB 426                                                                                       
                                                                                                                                
Catherine Giessel, MSN, RN ANP, Chairperson                                                                                     
Division of Occupational Licensing                                                                                              
Alaska Board Of Nursing                                                                                                         
        th                                                                                                                      
550 W. 7 Avenue, Suite 1270                                                                                                     
Anchorage AK 99501-3567                                                                                                         
POSITION STATEMENT:  Opposed CSHB426                                                                                          
                                                                                                                                
ROD BETIT, President                                                                                                            
Alaska State Hospital and Nursing Home Association                                                                              
426 Main Street                                                                                                                 
Juneau AK 99801                                                                                                                 
POSITION STATEMENT:  Supported CSHB 426                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR FRED  DYSON called  the Senate Health,  Education and  Social                                                           
Services  Standing  Committee  meeting  to  order  at  1:33:25  PM.                                                           
Present  at the  call to  order were  Senators  Gary Wilken,  Donny                                                             
Olson  and Chair  Fred Dyson;  Senators  Kim Elton  and Lyda  Green                                                             
joined the meeting in progress.                                                                                                 
                                                                                                                                
                                                                                                                                
    CSHB 426(FIN)(title am)-MEDICAL ASSISTANCE/INS COOPERATION                                                              
                                                                                                                                
1:33:47 PM                                                                                                                    
CHAIR  DYSON  announced  CSHB  426(FIN)(title  am)  to  be  up  for                                                             
consideration.                                                                                                                  
                                                                                                                                
SENATOR ELTON arrived at 1:34:36 PM.                                                                                            
                                                                                                                                
1:34:44 PM                                                                                                                    
RYNNIEVA  MOSS, Legislative  Aide to  Representative John  Coghill,                                                             
presented  the  bill on  behalf  of  the sponsor,  noting  that  it                                                             
started  out   very  different  from   the  current  version.   Its                                                             
original  purpose  was  to  find  ways   to  ensure  that  Medicaid                                                             
dollars  spent  in Alaska  are  spent  on people  who  really  need                                                             
medical  services.  She  reported  finding that,  under  state  and                                                             
federal  law, if the  income of  a stepparent  or unmarried  parent                                                             
would  disqualify a  child  for Denali  KidCare,  it was  excluded.                                                             
Thus  some   families  in  Alaska   have  household  incomes   over                                                             
$100,000, yet  have children who  receive medical services  through                                                             
Medicaid.   Ms.   Moss  said   that,   because  of   federal   law,                                                             
Representative  Coghill has had  difficulty ensuring that  Medicaid                                                             
goes only to those who really need it.                                                                                          
                                                                                                                                
What  remains of  Representative  Coghill's original  bill on  page                                                             
9,  Section  11, is  a  request  of  the department  to  prepare  a                                                             
report to  look at  recommendations for  statutory, regulatory  and                                                             
systematic  changes that  will help the  department reduce  medical                                                             
assistance   expenditures   for   both   residential    psychiatric                                                             
treatment centers and community mental health facilities.                                                                       
                                                                                                                                
Under current  practice, a  child is sent  outside for  residential                                                             
treatment.  The  child  has  private insurance  for  the  first  30                                                             
days,  but if  he does  not require  Level 4  or higher  treatment,                                                             
the  insurance   company  discontinues   payment  and   he  becomes                                                             
eligible  under Medicaid.  Representative  Coghill  requested  that                                                             
Medicaid  make the same  assessment  and use the  same basic  good-                                                             
business practices  that the private  insurance companies  use, and                                                             
that they  enhance and  clarify parental  financial  responsibility                                                             
for medical coverage.                                                                                                           
                                                                                                                                
This  bill also  requires  Medicaid  to  maximize all  third  party                                                             
resources  available. Under  current  law, Medicaid  can waive  the                                                             
right to  subrogate on  a third-party claim.  This bill  eliminates                                                             
that  legislation  and requires  the  department to  do  everything                                                             
possible  to  recover  Medicaid  expenditures  under  a  subrogated                                                             
issue.                                                                                                                          
                                                                                                                                
SENATOR GREEN arrived at 1:36:23 PM.                                                                                          
                                                                                                                                
MS.  MOSS  deferred   to  the  Department  of  Health   and  Social                                                             
Services  to explain  the  bill section  by  section  and said  she                                                             
would be happy to explain the amendments.                                                                                       
                                                                                                                                
1:38:47 PM                                                                                                                    
CHAIR  DYSON  asked  which  families  do not  have  to  count  both                                                             
adults'  incomes when  deciding whether  the  children qualify  for                                                             
Medicaid.                                                                                                                       
                                                                                                                                
MS.  MOSS  answered  that  if  the  couple   is  not  married,  the                                                             
mother's  income  is  counted,  then  the  father  or  stepfather's                                                             
income is counted,  but if that  income causes the household  to be                                                             
disqualified  for  Denali  KidCare,   it  is  subtracted  from  the                                                             
equation.                                                                                                                       
                                                                                                                                
CHAIR DYSON asked if that is under state or federal law.                                                                        
                                                                                                                                
MS. MOSS  responded that it  is true under  both state and  federal                                                             
law.                                                                                                                            
                                                                                                                                
CHAIR DYSON commented on the inconsistency of the practice.                                                                     
                                                                                                                                
MS. MOSS said they are trying to find a way around it.                                                                          
                                                                                                                                
CHAIR DYSON  asked if there is anything  in federal law  to prevent                                                             
Alaska  from  saying  that the  recognition  of  individuals  as  a                                                             
"couple"  for  the  purpose  of  obtaining  any  benefits  must  be                                                             
consistent with regard to obligations as well.                                                                                  
                                                                                                                                
MS. MOSS replied  that is already  the case in every other  element                                                             
of  public  assistance  except  for Denali  KidCare,  which  has  a                                                             
special federal exemption.                                                                                                      
                                                                                                                                
1:40:49 PM                                                                                                                    
CHAIR DYSON asked whether this bill will fix the exemption.                                                                     
                                                                                                                                
MS. MOSS said  no, that is one of  the reasons it requires  them to                                                             
study the  matter in depth and  come back with recommendations  for                                                             
a  statutory fix.  She  pointed out  that  this might  require  the                                                             
state to enter  into a new agreement  with the federal  government,                                                             
but that Representative Coghill believes it can be done.                                                                        
                                                                                                                                
CHAIR  DYSON commented  that this  is an  inadvertent  disincentive                                                             
for people to formalize relationships.                                                                                          
                                                                                                                                
1:41:37 PM                                                                                                                    
SENATOR OLSON  asked how many  other states  have the same  type of                                                             
consideration for stepparent care.                                                                                              
                                                                                                                                
MS. MOSS replied  that Oregon and  three or four other  states have                                                             
found a way around it.                                                                                                          
                                                                                                                                
1:42:32 PM                                                                                                                    
DWAYNE  PEEPLES,  Director,  Division   of  Health  Care  Services,                                                             
Department  of  Health  and  Social  Services   (DHSS),  introduced                                                             
himself.                                                                                                                        
                                                                                                                                
STACIE KRALY, Department of Law (DOL), introduced herself.                                                                      
                                                                                                                                
MR. PEEPLES  explained that  HB 426  incorporates several  elements                                                             
that  the department  has  been working  on for  cost  containment.                                                             
Section  1 delineates  the  responsibilities for  health  insurance                                                             
companies  and  pharmacy   benefit  managers,  to   coordinate  and                                                             
cooperate  with the department  for cost  recovery. It enables  the                                                             
department  to go  back three  years from  the date  of service  to                                                             
claim  reimbursement.  The  three  years  is  mandated  by  federal                                                             
legislation.                                                                                                                    
                                                                                                                                
1:44:06 PM                                                                                                                    
SENATOR  GREEN asked  how the  insurer  becomes part  of the  loop,                                                             
whether  the department  relies upon  the insured  to provide  that                                                             
information.                                                                                                                    
                                                                                                                                
MR. PEEPLES  answered that  the department  has several  mechanisms                                                             
to obtain  insurance information.  First, individuals are  required                                                             
to  declare any  existing  coverages  when applying  for  Medicaid.                                                             
Second,  the department  contracts  with Public  Corporation  Group                                                             
(PCG)  to   perform  third-party   liability  investigations,   and                                                             
third,  it  has  databases  available  to  research  insurance  and                                                             
eligibility information.                                                                                                        
                                                                                                                                
1:45:03 PM                                                                                                                    
MR. PEEPLES  continued to page 2,  Section 2, which identifies  the                                                             
department's   more  aggressive   stance  on  pursuing   subjugated                                                             
rights  of individuals  who were  covered by Medicaid  at the  time                                                             
of  an   injury.   He  said   that  the   department  developed   a                                                             
Reimbursable  Services  Agreement  (RSA)  with  the  Department  of                                                             
Law,  which  allows  it  to  use  Assistant  Attorneys  General  to                                                             
pursue the liabilities in court and through other actions.                                                                      
                                                                                                                                
1:45:55 PM                                                                                                                    
CHAIR DYSON  expressed appreciation  for the intent, and  said that                                                             
he  is sure  some  people  covered  by Medicaid  are  not  diligent                                                             
about making repayment when another insurer pays.                                                                               
                                                                                                                                
1:46:18 PM                                                                                                                    
SENATOR GREEN asked whether Medicaid is the first payor.                                                                        
                                                                                                                                
MR.   PEEPLES  answered   not   necessarily.   If  the   department                                                             
identifies  another company  as the  primary insurer,  it picks  up                                                             
only the portion remaining after the primary insurer has paid.                                                                  
                                                                                                                                
1:46:42 PM                                                                                                                    
MR. PEEPLES  explained  that Section 3,  at the  bottom of page  2,                                                             
further    enhances   the    department's    definition   of    the                                                             
responsibility  of  Medicaid  recipients  to identify  their  other                                                             
third-party  payors, the  rights of the  department in  subjugation                                                             
lawsuits,  and  the  responsibilities   of attorneys   representing                                                             
Medicaid recipients in lawsuits and other subjugation cases.                                                                    
                                                                                                                                
1:47:25 PM                                                                                                                    
SENATOR ELTON  noted that on  page 5, line  7, it provides  that "a                                                             
judgment,  award,  or  settlement   that  requires  or  results  in                                                             
compromise  of a lien under  AS 47.05.075  may not be entered  into                                                             
or granted  by a court without the  express written consent  of the                                                             
attorney  general."  He  said  it seems  that  the  legislature  is                                                             
saying  the court  cannot do  anything until  the attorney  general                                                             
has "blessed  it."  He questioned  whether there  is a  separation-                                                             
of-powers  issue  and  whether   it  would  require  a  court  rule                                                             
change.                                                                                                                         
                                                                                                                                
MS. KRALY  replied that she  hadn't thought  of it in those  terms,                                                             
but the premise  behind the section  deals with the ability  of the                                                             
DOL to have  information and to  assure that their subrogation  and                                                             
lien  rights have  been  adequately  addressed in  any  settlement.                                                             
The idea  is to interfere  with the court's  ability to  adjudicate                                                             
a proceeding  without DOL's involvement.  She said that  DOL looked                                                             
at Texas,  California  and other  states with  similar  provisions,                                                             
to  ensure that  the state's  subrogation  and  lien interests  are                                                             
adequately  protected, but  admitted that  Senator Elton raised  an                                                             
interesting  question,  and said  she would  look into  it and  get                                                             
back to the committee with an answer.                                                                                           
                                                                                                                                
SENATOR  ELTON  also  asked  for  clarification   of  the  language                                                             
beginning  on line  15 that  says "no payment  can  be placed  in a                                                             
trust  for  the   purpose  of  maintaining  public   assistance  or                                                             
medical  assistance eligibility".  He  asked how  that affects  the                                                             
Qualified Income  Trust (QIT), or  Miller Trust arrangements  under                                                             
the federal rules.                                                                                                              
                                                                                                                                
MS. KRALY  replied that  it is  a condition  precedent that  allows                                                             
the  department  to  obtain  its  subrogation  and  lien  interests                                                             
prior  to a Miller  Trust being  set up.  It does  not preclude  or                                                             
discourage  the use  of  a Miller  Trust for  maintaining  Medicaid                                                             
eligibility,  but  would  prevent  an  individual  from  turning  a                                                             
judgment   into   a  trust   immediately,   without   the   state's                                                             
knowledge,  in an effort  to avoid paying  the state's  third-party                                                             
subrogation interests.                                                                                                          
                                                                                                                                
1:51:17 PM                                                                                                                    
MR.  PEEPLES said  that  page 6,  Section  4, defines  the  state's                                                             
lien priority  over settlements and  other liens, except  tax liens                                                             
and those arising from legal fees.                                                                                              
                                                                                                                                
CHAIR DYSON asked who other lienholders might be.                                                                               
                                                                                                                                
MS. KRALY  responded that this  section clarifies the  state's lien                                                             
priority  over hospital,  nurses', and physicians'  liens,  but she                                                             
did not  believe that  it would  have priority  over child  support                                                             
enforcement or tax liens.                                                                                                       
                                                                                                                                
CHAIR DYSON  asked if  attorneys  get their fees  before the  state                                                             
does, based on a court order or decision.                                                                                       
                                                                                                                                
MS. KRALY said that is correct.                                                                                                 
                                                                                                                                
1:53:08 PM                                                                                                                    
CHAIR  DYSON asked  whether  there  is a  circumstance  in which  a                                                             
claim might  be paid  by the state,  yet leave  doctors, nurses  or                                                             
hospitals unpaid.                                                                                                               
                                                                                                                                
MR. PEEPLES  answered  that in most  cases, if  Medicaid is  paying                                                             
and the  state is  in a  subjugation lien  position, those  medical                                                             
services  have already  been  paid based  on the  state's  Medicaid                                                             
rates.                                                                                                                          
                                                                                                                                
CHAIR DYSON  asked whether  the Medicaid  rate  paid could be  less                                                             
than  is normally  charged,  leaving  the patient  responsible  for                                                             
the balance.                                                                                                                    
                                                                                                                                
MR. PEEPLES  said no, that  Medicaid pays 80  to 85 percent  of the                                                             
normal  rate, but  our  statutes and  the rules  laid  down by  the                                                             
Centers  for Medicare and  Medicaid Services  (CMS) stipulate  that                                                             
hospitals   and  health-care  practitioners   cannot  collect   any                                                             
amount above and beyond that.                                                                                                   
                                                                                                                                
CHAIR  DYSON  asked  Mr.  Peeples  to  confirm  that  this  section                                                             
refers to  collecting money  from the  patient's insurance  company                                                             
and not the patient.                                                                                                            
                                                                                                                                
MR. PEEPLES  answered  yes, these  liens are  against other  third-                                                             
party payors.                                                                                                                   
                                                                                                                                
1:54:56 PM                                                                                                                    
MR.  PEEPLES said  that  Section  5 gives  the Division  of  Health                                                             
Care Services  and medical assistance  programs rights to  go after                                                             
a  Permanent  Fund Dividend  (PFD)  in  lieu  of other  sources  of                                                             
income when  there are  issues revolving  around waste, fraud,  and                                                             
abuse.                                                                                                                          
                                                                                                                                
1:55:40 PM                                                                                                                    
KEVIN D.  HENDERSON, Medical  Assistance Administrator,  Department                                                             
of  Health and  Social Services,  addressed  Sections 6  and 7.  He                                                             
said  that  the department   reviews the  finances  of  any  person                                                             
eligible  for long-term  care  services for  three  years prior  to                                                             
the  application,  and  imposes penalties  if  it  finds  transfers                                                             
made  for the  purpose of  qualifying  for the  benefit. Section  6                                                             
brings  the  state  in  line  with  a  recent   federal  initiative                                                             
involving  the  Deficit  Reduction  Act of  2005,  which  precludes                                                             
someone  from using  an annuity to  hide assets  from Medicaid  for                                                             
the purpose of eligibility for long-term care services.                                                                         
                                                                                                                                
1:59:04 PM                                                                                                                    
MR. HENDERSON  said Section  7, subsections  (j) and (k),  requires                                                             
that a person  applying on behalf  of an unemancipated  child under                                                             
18 have a responsible relationship to that child.                                                                               
                                                                                                                                
CHAIR DYSON  asked for  an example  of how someone  other than  the                                                             
responsible individual could apply for a child.                                                                                 
                                                                                                                                
MR.  HENDERSON suggested  that a  teenager  estranged from  parents                                                             
might enlist the aid of friends to help him apply.                                                                              
                                                                                                                                
CHAIR  DYSON   asked  whether  this   might  sometimes   relate  to                                                             
pregnancy services.                                                                                                             
                                                                                                                                
MR.   HENDERSON   replied   that   pregnancy   services   are   not                                                             
specifically  addressed,   but  could  be  a  reason   for  seeking                                                             
medical services.                                                                                                               
                                                                                                                                
Subsection  (k) states  that the  department  has a  responsibility                                                             
to  make   contact  to  ensure   the  involvement  of   parents  or                                                             
guardians.  The primary  reason  for this  is to  find out  whether                                                             
the  parents  have  insurance  and  whether  they  are  financially                                                             
eligible.                                                                                                                       
                                                                                                                                
2:01:46 PM                                                                                                                    
MR.  HENDERSON explained  that subsection  (l)  provides the  state                                                             
with the  new ability,  due to  recent changes  in federal  policy,                                                             
to require  an individual  who is  Medicare eligible  to apply  for                                                             
that  coverage as  a condition  of Medicaid  eligibility.  Medicare                                                             
is  100 percent  federally funded,  so  this is  an important  step                                                             
for cost-containment.                                                                                                           
                                                                                                                                
CHAIR DYSON  asked Mr.  Henderson to repeat  his explanation  about                                                             
section l.                                                                                                                      
                                                                                                                                
MR.  HENDERSON  said  that historically   the state  has  not  been                                                             
allowed  to require  elderly  or  certain disabled  individuals  to                                                             
apply for  Medicare as a condition  for Medicaid. This  would allow                                                             
the  state to  require  that as  a  condition for  eligibility  for                                                             
Medicaid.                                                                                                                       
                                                                                                                                
2:03:55 PM                                                                                                                    
SENATOR  OLSON asked  why some  people don't  want to  sign up  for                                                             
Medicare coverage.                                                                                                              
                                                                                                                                
MR. HENDERSON  said that he  has not spoken  to anyone who  refused                                                             
to apply  for Medicare,  but surmised that  some people might  want                                                             
to avoid government interference.                                                                                               
                                                                                                                                
SENATOR  OLSON asked whether  the Medicare  application process  is                                                             
long and complicated?                                                                                                           
                                                                                                                                
MR. HENDERSON said no.                                                                                                          
                                                                                                                                
2:04:38 PM                                                                                                                    
MR. HENDERSON  explained that  Section 7,  subsection (m)  falls in                                                             
line  with Representative  Coghill's  intent and  with the  Deficit                                                             
Reduction Act  of 2005 that became  effective in February  of 2006.                                                             
It focuses  on individuals eligible  for long-term care,  extending                                                             
the  length of  time to  research transfers  from 36  to 60  months                                                             
and  starting the  penalty period  for  hiding assets  at the  time                                                             
the  individual applies  for  Medicaid,  making it  more  difficult                                                             
for a person to avoid the transfer-of-asset penalty.                                                                            
                                                                                                                                
CHAIR  DYSON asked  Ms. Kraly  under what  circumstances the  state                                                             
could prosecute a person for criminal fraud.                                                                                    
                                                                                                                                
MS. KRALY  responded that  the Alaska Medicaid  Fraud Control  Unit                                                             
(MFCU) can  seek criminal  indictments for  persons who  improperly                                                             
apply or  fraudulently hide assets,  but the penalties  under these                                                             
provisions are  generally civil and  result in ineligibility  for a                                                             
"look-back period" and a commensurate time forward.                                                                             
                                                                                                                                
2:07:03 PM                                                                                                                    
CHAIR  DYSON asked  if there  is a prohibition  against  publishing                                                             
cases in  which individuals  paid penalties  for improper  transfer                                                             
of assets in order to enhance Medicaid eligibility.                                                                             
                                                                                                                                
MS. KRALY  replied that  she is  not sure, but  believes the  state                                                             
would  run  into  privacy  issues  without  due  process  prior  to                                                             
public notification.                                                                                                            
                                                                                                                                
CHAIR DYSON  said that he wishes  the department were  tracking the                                                             
number of cases  of fraud and could  publish a press release  every                                                             
few days with the number of people it had caught.                                                                               
                                                                                                                                
MR. HENDERSON  added  that these  are not  criminal activities  and                                                             
the department  handles them by  simply not approving  Medicaid. He                                                             
said people  commonly transfer  assets to  their children,  but the                                                             
intent of  Medicaid policy  is to  ensure that  those who can  pay,                                                             
do pay for their health care.                                                                                                   
                                                                                                                                
2:09:29 PM                                                                                                                    
MR.  HENDERSON  explained  that subsection  (n)  also  addresses  a                                                             
provision in  the Deficit Reduction  Act that says an  individual's                                                             
primary  residence  generally  is  not  counted as  an  asset  when                                                             
calculating  eligibility,  even  though  the home  might  be  quite                                                             
valuable. The  Federal bill now allows  the DHSS to place  a cap of                                                             
$500,000  on  equity  in  a  home  for   the  purpose  of  Medicaid                                                             
eligibility.  This bill goes further  and applies that  standard to                                                             
all eligibility categories, not just long-term care.                                                                            
                                                                                                                                
2:11:10 PM                                                                                                                    
MR.  HENDERSON then  addressed  Ms.  Moss's earlier  remarks  about                                                             
stepparents  and  eligibility. He  said  that when  the  department                                                             
considers eligibility  for a family  unit, it includes  the incomes                                                             
of both parents  in its determinations,  regardless of  whether the                                                             
parents  are married;  but  when  determining eligibility  for  the                                                             
child only  (Denali KidCare) they  are only allowed to  include the                                                             
income  of  the person  who  is  financially  responsible  for  the                                                             
child.  There  is  no  legal  provision  that  makes  a  stepparent                                                             
financially  responsible  for  the stepchild,  and  the  department                                                             
would  need  that  rule  of  general  applicability  in  order  for                                                             
Medicaid to adopt a rule including both incomes.                                                                                
                                                                                                                                
CHAIR  DYSON  asked  what happens  if  the  stepparent  adopts  the                                                             
child.                                                                                                                          
                                                                                                                                
MR. HENDERSON  replied  that the  individual is  then considered  a                                                             
parent and  both incomes are counted.  He turned the floor  over to                                                             
Ms. Kraly to explain Section 8.                                                                                                 
                                                                                                                                
2:13:36 PM                                                                                                                    
MS.  KRALY  said  that  Section  8  is  an  amendment  proposed  to                                                             
address   some  ongoing   litigation  related   to  the  Home   and                                                             
Community  Based  Waiver  (HCBW)  programs.   In  two  class-action                                                             
lawsuits  and one individual  lawsuit under  way in Anchorage,  the                                                             
plaintiffs  allege  that the  state  cannot terminate  anyone  from                                                             
the  waiver programs  without a  showing of  material  improvement,                                                             
but  "material improvement"  is  not defined  in  state or  federal                                                             
law,  or in  any case  law that  DOL could  find. In  an effort  to                                                             
expedite  these cases, Section  8 identifies  and defines  what the                                                             
state considers  to be  material improvement  for each of  the four                                                             
waiver programs.                                                                                                                
                                                                                                                                
CHAIR DYSON asked for an explanation of the waiver programs.                                                                    
                                                                                                                                
MS. KRALY  explained  that a  specific exemption  from the  federal                                                             
government  allows the  state to  provide  long-term care  services                                                             
for  disabled   persons,   specifically:   children  with   complex                                                             
medical   conditions,   persons   with   mental   retardation   and                                                             
developmental  disabilities,  older  Alaskans,  and adults  with  a                                                             
physical  disability.  This  allows   recipients  to  remain  in  a                                                             
community   setting,  which   costs  less   than  a  nursing   home                                                             
facility.                                                                                                                       
                                                                                                                                
CHAIR DYSON  asked under  what circumstances  the state would  want                                                             
to remove someone from eligibility for a waiver program.                                                                        
                                                                                                                                
MS.  KRALY  said  that  a  person's  need  for  health  care  might                                                             
change.  Under the  older Alaskans  waiver, for  example, a  person                                                             
hospitalized  for  a  broken hip  might  experience  a  significant                                                             
recovery time  and qualify for the  waiver during that time;  but a                                                             
year later,  when the individual  has healed  and is back  at home,                                                             
he would no longer qualify.                                                                                                     
                                                                                                                                
CHAIR DYSON  asked for  clarification that  the court requires  the                                                             
state to  prove, by some  undefined criteria,  that the  individual                                                             
has  improved  to the  point  that  he  can live  with  less  state                                                             
support.                                                                                                                        
                                                                                                                                
MS.  KRALY said  generally,  yes. The  court issued  a  preliminary                                                             
injunction  stating that  the state  cannot  terminate anyone  from                                                             
the programs without showing material improvement.                                                                              
                                                                                                                                
2:18:06 PM                                                                                                                    
MS. KRALY  said that the  provisions set  forth in Section  8 allow                                                             
for  different  standards  of  improvement  for each  of  the  four                                                             
waivers  and specify that  an independent,  qualified, health  care                                                             
professional make the determination.                                                                                            
                                                                                                                                
2:19:00 PM                                                                                                                    
SENATOR   ELTON   agreed   that   the   definition   of   "material                                                             
improvement"  is important  and questioned  whether  the change  in                                                             
equity  in a  home over  time  is considered  material  improvement                                                             
for purposes of qualification.                                                                                                  
                                                                                                                                
MS.  KRALY  responded  that  eligibility  for  waiver  services  is                                                             
different  from   regular  eligibility   for  Medicaid,   which  is                                                             
addressed  in subsection (n).  She explained  that there has  to be                                                             
a qualifying  diagnosis for  eligibility for  waiver services,  and                                                             
the determination  of material  improvement is likewise  medically-                                                             
based, more of a physical well-being analysis.                                                                                  
                                                                                                                                
SENATOR  ELTON asked  Ms. Kraly to  confirm that  one is  financial                                                             
the other is physical.                                                                                                          
                                                                                                                                
MS. KRALY responded yes.                                                                                                        
                                                                                                                                
2:20:36 PM                                                                                                                    
MR. PEEPLES  addressed page  9, Section 9,  which repeals  the DHSS                                                             
ability  to do  waivers  of subjugation  in  part or  in full,  and                                                             
places  the emphasis  on  settlement  of  medical claims  in  their                                                             
entirety.                                                                                                                       
                                                                                                                                
CHAIR DYSON asked if the department agrees with the change.                                                                     
                                                                                                                                
MR. PEEPLES said yes.                                                                                                           
                                                                                                                                
2:22:09 PM                                                                                                                    
MS.  MOSS  explained  that Section  10  is  just  an  applicability                                                             
clause  stating  that Sections  2  through  4  will be  applied  to                                                             
"causes  of  action   related  to  subrogation  on   or  after  the                                                             
effective date".                                                                                                                
                                                                                                                                
Section  11 is what  remains of Representative  Coghill's  original                                                             
bill.                                                                                                                           
                                                                                                                                
Sections 12  and 13 relate  to the fact  that, if the bill  passes,                                                             
certain sections  may require the  department to go to  the federal                                                             
government  and change  its state plan.  If the  new state plan  is                                                             
not  approved  by  the effective  date,  then  the  effective  date                                                             
reverts  to  the  date  that  it  is   agreed  to  by  the  federal                                                             
government.                                                                                                                     
                                                                                                                                
2:23:59 PM                                                                                                                    
CHAIR DYSON  called  for questions,  and remarked  that this  is an                                                             
amazing piece of work.                                                                                                          
                                                                                                                                
MS.  MOSS  commended  the  department.  She  said  that,  with  the                                                             
amendments,  they  have  tried  to  address  the  concerns  of  the                                                             
insurance companies as well.                                                                                                    
                                                                                                                                
CHAIR DYSON  asked in what  order Ms. Moss  would like to  take the                                                             
amendments.                                                                                                                     
                                                                                                                                
2:24:37 PM                                                                                                                    
MS.  MOSS suggested  they  deal with  the  simple  ones first.  She                                                             
began with  Amendment 1(24-LS1602\XA.4) page 9, line 16, which asks                                                             
the  department  to look  at  community  mental  health  facilities                                                             
that  provide  services   at  Levels  2  through   4,  as  well  as                                                             
residential  psychiatric  treatment  centers  and  substance  abuse                                                             
treatment centers that provide services at Level 5 and Level 6.                                                                 
                                                                                                                                
2:25:28 PM                                                                                                                    
CHAIR  DYSON  moved   to  adopt  Amendment  1,  and   objected  for                                                             
discussion purposes.                                                                                                            
                                                                                                                                
                                                      24-LS1602\XA.4                                                            
                                                             Mischel                                                            
                                                                                                                                
                       A M E N D M E N T 1                                                                                  
                                                                                                                                
OFFERED IN THE SENATE                                                                                                           
     TO:  CSHB 426(FIN) (title am)                                                                                              
                                                                                                                                
Page 9, line 16:                                                                                                                
     Following "in":                                                                                                            
          Insert "mental health treatment facilities located in                                                                 
     the state and outside the state, including community mental                                                                
     health facilities,"                                                                                                        
     Following "centers":                                                                                                       
          Insert ","                                                                                                            
                                                                                                                                
Page 9, line 18, following "receiving":                                                                                         
     Insert "services provided by mental health treatment                                                                       
facilities located  in the state  and outside the state,  including                                                             
community mental health facilities,"                                                                                            
                                                                                                                                
Page 9, line 19:                                                                                                                
     Delete "center"                                                                                                            
     Insert "centers,"                                                                                                          
     Delete "services"                                                                                                          
                                                                                                                                
Page 9, line 20, following "of":                                                                                                
     Insert "services provided by mental health treatment                                                                       
facilities located  in the state  and outside the state,  including                                                             
community mental health facilities,"                                                                                            
                                                                                                                                
Page 9, line 21:                                                                                                                
     Delete "center"                                                                                                            
     Insert "centers,"                                                                                                          
     Delete "services"                                                                                                          
     Insert ","                                                                                                                 
                                                                                                                                
MS.  MOSS   reiterated  that  they   are  expanding  the   original                                                             
language  to include  community mental  health  facilities as  well                                                             
as residential  psychiatric treatment  centers and substance  abuse                                                             
treatment centers.                                                                                                              
                                                                                                                                
2:26:31 PM                                                                                                                    
CHAIR DYSON  observed  that the rest  of the  amendment appears  to                                                             
be simply formatting.                                                                                                           
                                                                                                                                
SENATOR  ELTON   asked  for  the   department's  position   on  the                                                             
amendment.                                                                                                                      
                                                                                                                                
2:26:56 PM                                                                                                                    
MR.  HENDERSON responded  that  the department  does  not have  any                                                             
problem  with this  provision  of the  bill. It  just broadens  the                                                             
scope of the study required by Section 11.                                                                                      
                                                                                                                                
SENATOR ELTON  asked if  they could complete  the study within  the                                                             
scope of the fiscal notes already attached.                                                                                     
                                                                                                                                
MR. HENDERSON said yes.                                                                                                         
                                                                                                                                
CHAIR DYSON noted for the record that Janet Clark was nodding.                                                                  
                                                                                                                                
2:27:40 PM                                                                                                                    
CHAIR DYSON  removed his  objection.  Without objection,  Amendment                                                             
1 was adopted.                                                                                                                  
                                                                                                                                
2:27:59 PM                                                                                                                    
MS.  KRALY   explained   that  Amendment   2  comprises   technical                                                             
corrections  for  dealing with  worker's  compensation  claims  and                                                             
the  subrogation and  lien provisions  in  Section 3  of the  bill.                                                             
She  noted that  these changes  were  drafted  in conjunction  with                                                             
the  Department  of  Labor  and  Workforce  Development,   Worker's                                                             
Compensation Division.                                                                                                          
                                                                                                                                
2:29:21 PM                                                                                                                    
CHAIR  DYSON  moved   to  adopt  Amendment  2,  and   objected  for                                                             
purposes of discussion.                                                                                                         
                                                                                                                                
                                                      24-LS1602\XA.3                                                            
                                                             Mischel                                                            
                                                                                                                                
                       A M E N D M E N T 2                                                                                  
                                                                                                                                
OFFERED IN THE SENATE                           BY SENATOR DYSON                                                                
     TO:  CSHB 426(FIN) (title am)                                                                                              
                                                                                                                                
Page 3, lines 26 - 28:                                                                                                          
     Delete "Before pursuing an action or claim on behalf of a                                                                  
medical assistance  recipient  for care or  services for an  injury                                                             
or illness for which medical assistance was received, an"                                                                       
     Insert "An"                                                                                                                
                                                                                                                                
Page 3, line 29, following "representing":                                                                                      
     Delete "the"                                                                                                               
     Insert "a"                                                                                                                 
                                                                                                                                
Page 4, line 17:                                                                                                                
     Delete "An"                                                                                                                
     Insert "Except for payments under AS 23.30, an"                                                                            
                                                                                                                                
Page 4, line 19:                                                                                                                
     Delete "all proceeds"                                                                                                      
     Insert "any lump sum settlement or judgment"                                                                               
                                                                                                                                
Page 4, lines 23 - 29:                                                                                                          
     Delete all material and insert:                                                                                            
          "(e)  An attorney who fails to comply with this                                                                       
     section is not entitled to the pro rata reduction under                                                                    
     AS 47.05.070(c). If the attorney has already received                                                                      
     payment  for  the attorney's  services  through  the pro  rata                                                             
     reduction  as provided  in  AS 47.05.070(c),  the attorney  is                                                             
     civilly  liable  to the  department  for  the amount  of  that                                                             
     payment."                                                                                                                  
                                                                                                                                
Page 6, following line 1:                                                                                                       
     Insert a new subsection to read:                                                                                           
          "(h)  Notwithstanding (a) - (g) of this section, a                                                                    
     third-party payor shall be held harmless if it settles or                                                                  
     compromises a dispute in good faith and without knowledge                                                                  
     that the individual is a recipient of medical assistance."                                                                 
                                                                                                                                
2:29:35 PM                                                                                                                    
MS. MOSS suggested  amending Amendment  2 as follows: On  page 2 of                                                             
the  amendment,  after the  words  "notwithstanding  (a)  - (g)  of                                                             
this section,  a third-party payor  shall", delete the  words "..be                                                             
held harmless" and insert "..have no further liability".                                                                        
                                                                                                                                
2:29:54 PM                                                                                                                    
CHAIR  DYSON  moved to  adopt  the  foregoing  as an  amendment  to                                                             
Amendment 2. Without objection, it was so ordered.                                                                              
                                                                                                                                
SENATOR  ELTON said  his interpretation  of Amendment  2, line  18,                                                             
is  that an  attorney representing  the  recipient,  "who fails  to                                                             
comply  with this  section",  loses out  on  his fee  and asked  if                                                             
that is correct.                                                                                                                
                                                                                                                                
MS.  KRALY  answered  yes,  that  it  is  a  penalty  provision  to                                                             
encourage   the  plaintiff's   attorney  to   participate  in   the                                                             
process.  An  attorney  representing   a  Medicaid  recipient  must                                                             
fulfill   the   obligations   and  duties   under   the   statutory                                                             
provision,  to cooperate  with the  Department of  Law, to  provide                                                             
notice, and  to keep DOL involved  in any negotiations once  it has                                                             
established  a subrogation  and lien  interest. If  he fails  to do                                                             
so, under  this provision  he loses  his pro  rata reduction,  (his                                                             
attorney's fees) in a lien situation.                                                                                           
                                                                                                                                
SENATOR   ELTON   said   he  assumed   it   was   the   recipient's                                                             
responsibility,  rather  than the  attorney's,  and  asked if  this                                                             
shift  in responsibility  is  common  in law,  and  whether it  has                                                             
been done in other states.                                                                                                      
                                                                                                                                
MS. KRALY  said that  DOL looked  at a number  of different  states                                                             
when  drafting this  bill,  and found  that  this  is a  prevailing                                                             
theme. It  also tracked the Deficit  Reduction Act language,  where                                                             
there  is  increased  responsibility   on  the  part  of  insurance                                                             
companies  to   participate  and   provide  information   to  state                                                             
Medicaid  agencies  for  third-party  recovery.  She said  that  in                                                             
response  to Senator  Elton's specific  question,  she did not  see                                                             
it as a shift in the burden of responsibility.                                                                                  
                                                                                                                                
2:33:13 PM                                                                                                                    
SENATOR ELTON  commented that the  attorney's responsibility  is to                                                             
his client,  and  the client's  interest may  be subverted  because                                                             
of an additional  requirement placed  on the attorney. It  seems to                                                             
put  the attorney  in  the position  of  serving two  clients,  the                                                             
fiduciary best  interest of Alaska,  as well as the best  interests                                                             
of the client.                                                                                                                  
                                                                                                                                
MS. KRALY  responded that it  is not a  bifurcation of the  duty of                                                             
the  attorney,   because  the  requirement   of  the  attorney   to                                                             
represent  and advocate for  his client  includes his  requirements                                                             
and his  understanding  of the  subrogation and  lien interests  as                                                             
set   forth   by   statute.   These   provisions   are   additional                                                             
clarifications  of what are  existing duties  in state and  federal                                                             
law.  She argued  that  the attorney  would  not be  acting in  his                                                             
client's best interest if he did not engage with the state.                                                                     
                                                                                                                                
SENATOR ELTON  asked Ms. Kraly whether  it would be unusual  for an                                                             
attorney not to know about a lien placed by the state.                                                                          
                                                                                                                                
MS.  KRALY responded  that  it would  be  highly unlikely  that  an                                                             
attorney representing  a Medicaid  client would not have  knowledge                                                             
of the existence of a lien.                                                                                                     
                                                                                                                                
2:36:37 PM                                                                                                                    
CHAIR DYSON  removed his objection  to Amendment 2 as  amended, and                                                             
asked  whether  there was  further  objection.  Without  objection,                                                             
Amendment 2 was adopted as amended.                                                                                             
                                                                                                                                
SENATOR ELTON  said he  had no objection,  but asked whether  there                                                             
would be a further referral.                                                                                                    
                                                                                                                                
MS. MOSS replied yes, to Senate Finance.                                                                                        
                                                                                                                                
SENATOR ELTON  said that another  committee of referral  would give                                                             
him  the  opportunity  to  check  with   the  legal  community  for                                                             
additional clarification.                                                                                                       
                                                                                                                                
CHAIR DYSON  asked if  Ms. Moss  would like the  last amendment  to                                                             
go forward today.                                                                                                               
                                                                                                                                
2:37:39 PM                                                                                                                    
MS.  MOSS said  yes.  She explained  that  Section  1 is  federally                                                             
mandated.  Amendment  3 is  more cooperative,  and  was worked  out                                                             
with the  insurance  industry, Department  of Law,  and Health  and                                                             
Social Services,  as a compromise  to the language in  the original                                                             
bill.                                                                                                                           
                                                                                                                                
                                                      24-LS1602\XA.2                                                            
                                                             Mischel                                                            
                                                                                                                                
                       A M E N D M E N T 3                                                                                  
                                                                                                                                
OFFERED IN THE SENATE                           BY SENATOR DYSON                                                                
     TO:  CSHB 426(FIN) (title am)                                                                                              
                                                                                                                                
Page 1, line 10, through page 2, line 9:                                                                                        
     Delete all material and insert:                                                                                            
   "* Section 1. AS 21.09 is amended by adding a new section to                                                             
read:                                                                                                                           
          Sec. 21.09.240. Cooperation with the Department of                                                                  
     Health   and  Social   Services.  An   insurer,  including   a                                                           
     pharmacy   benefits   manager,   with   respect   to   medical                                                             
     assistance  programs  under  AS 47.07,  shall  cooperate  with                                                             
     the Department of Health and Social Services to                                                                            
               (1)  provide, with respect to an individual who                                                                  
     is  eligible  for  or is  provided  medical  assistance  under                                                             
     AS 47.07,  on the request  of the  department, information  to                                                             
     determine   during   what  period   the   individual  or   the                                                             
     individual's  spouse or  dependents  may be or  may have  been                                                             
     covered  by the insurer  and the nature  of the coverage  that                                                             
     is  or was provided  by the  insurer, including  the name  and                                                             
     address  of the  insurer  and the  identifying  number of  the                                                             
     health care insurance plan;                                                                                                
               (2)  accept the department's right of recovery                                                                   
     and  the assignment  to  the  department of  any  right of  an                                                             
     individual  or other entity to  payment from the party  for an                                                             
     item  or  service  for  which  payment  has  been  made  under                                                             
     AS 47.07;                                                                                                                  
               (3)  respond to any inquiry by the department                                                                    
     regarding  a claim  for payment  for any health  care item  or                                                             
     service  that is submitted  not later  than three years  after                                                             
     the  date  of  the  provision  of  the  health  care  item  or                                                             
     service; and                                                                                                               
               (4)  agree not to deny a claim submitted by the                                                                  
     department  solely on the basis  of the date of submission  of                                                             
     the  claim,  the  type or  format  of  the  claim form,  or  a                                                             
     failure  to  present  proper documentation  at  the  point-of-                                                             
     sale that is the basis of the claim if                                                                                     
                     (A)  the claim is submitted by the                                                                         
          department within the three-year period beginning on                                                                  
          the date on which the item or service was furnished;                                                                  
          and                                                                                                                   
                     (B)  any action by the department to enforce                                                               
          its rights with respect to the claim is commenced                                                                     
          within six years after the department's submission of                                                                 
          the claim."                                                                                                           
                                                                                                                                
Page 10, following line 6:                                                                                                      
     Insert a new bill section to read:                                                                                         
   "* Sec. 15. Section 1 of this Act takes effect July 1, 2007."                                                            
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Page 10, line 7:                                                                                                                
     Delete "sec. 14"                                                                                                           
     Insert "secs. 14 and 15"                                                                                                   
                                                                                                                                
MS.  KRALY  affirmed  Ms.  Moss's  statements  and  said  that  the                                                             
language in  Section 1  is basically a  recitation of the  language                                                             
from  the  Deficit  Reduction  Act,  so the  language,  in  and  of                                                             
itself, is  not problematic.  She said that  there is a  request to                                                             
amend  Section 13  to provide  for  an effective  date  of July  1,                                                             
2007.  As she interprets  the  Deficit Reduction  Act however,  the                                                             
effective date  of this provision  is actually January 1,  2006, so                                                             
she  doesn't  know where  the  delayed  effective date  came  from.                                                             
DOL's position  is that the  state is 6  months past the  effective                                                             
date  and to  delay another  year would  put it  out of  compliance                                                             
with the  federal rules. She  said she would  continue to  look for                                                             
confirmation of the effective date in the Deficit Reduction Act.                                                                
                                                                                                                                
MS. MOSS  said that  she asked  the insurance  industry to  provide                                                             
documentation of the effective date today.                                                                                      
                                                                                                                                
CHAIR  DYSON commented  that  if  the insurance  industry  provides                                                             
supporting documentation,  they would  leave the effective  date at                                                             
July 1, 2007 as in Section 15.                                                                                                  
                                                                                                                                
MS. MOSS said she would leave that to the call of committee.                                                                    
                                                                                                                                
CHAIR  DYSON  asked Ms.  Kraly  whether  she recommends  that  they                                                             
make  the  date  January  1  or July  1,  2006,  if  the  insurance                                                             
industry cannot provide support for the delayed date.                                                                           
                                                                                                                                
MS. KRALY  said that  the effective  date  of the  bill is July  1,                                                             
2006 but  it is to  the call of  committee, as  she could  not find                                                             
it in the federal legislation.                                                                                                  
                                                                                                                                
2:41:06 PM                                                                                                                    
SENATOR ELTON  said that he  has read the  amendment and  looked at                                                             
the language  in the  bill, but still  does not  see what is  being                                                             
described as a compromise.                                                                                                      
                                                                                                                                
MS.  MOSS  presented   an  example:  "prompt  verification   of  an                                                             
assignment   and   right   to   recovery"    versus   "accept   the                                                             
department's   right  of  recovery   and  the  assignment   of  the                                                             
department  of any right  of an individual".  The amended  language                                                             
is not so direct or intimidating.                                                                                               
                                                                                                                                
SENATOR ELTON  restated that  the language is  "softer", less  of a                                                             
mandate to the insurer to cooperate.                                                                                            
                                                                                                                                
MS. MOSS said yes.                                                                                                              
                                                                                                                                
SENATOR ELTON  commented that  he finds it  troubling that,  on one                                                             
hand  the   state  is   telling  attorneys   that  if  they   don't                                                             
cooperate,  they stand  to lose  money; while  on the  other  it is                                                             
adopting an amendment to soften the language for another party.                                                                 
                                                                                                                                
2:43:23 PM                                                                                                                    
CHAIR DYSON asked if the DOL is OK with the softer language.                                                                    
                                                                                                                                
MS. KRALY replied yes.                                                                                                          
                                                                                                                                
SENATOR ELTON asked if DHSS is OK with it.                                                                                      
                                                                                                                                
MR. PEEPLES replied yes.                                                                                                        
                                                                                                                                
2:43:58 PM                                                                                                                    
CHAIR  DYSON  announced  that  he was  removing  his  objection  to                                                             
Amendment 3 and asked whether there was further objection.                                                                      
                                                                                                                                
SENATOR  ELTON objected.  He said  that  he wouldn't  speak to  the                                                             
objection,   but   thinks  they   are   going  in   two   different                                                             
directions.                                                                                                                     
                                                                                                                                
The roll  was called.  Voting to  adopt Amendment  3 were  Senators                                                             
Wilken,  Green, Olson  and  Dyson; voting  against  it was  Senator                                                             
Elton. Amendment 3 was adopted 4-1.                                                                                             
                                                                                                                                
CHAIR DYSON announced that they would take public testimony.                                                                    
                                                                                                                                
2:45:19 PM                                                                                                                    
JIM DAVIS,  Attorney at Law, Northern  Justice Project,  Anchorage,                                                             
testified  via  teleconference  against  Section  8  of  CSHB  426,                                                             
stating  that it  would be  a bad  policy  for the  state. He  said                                                             
that  the  waiver programs  allow  disabled  senior  Alaskans,  for                                                             
example,  who would  otherwise  be  institutionalized,  to stay  in                                                             
their homes, and saves the state a lot of money.                                                                                
                                                                                                                                
Mr. Davis  was representing  a group  of senior  Alaskans who  were                                                             
notified   that    their   services   were   terminated    due   to                                                             
ineligibility  after the  state contracted  the assessment  process                                                             
to a private  firm in 2005.  The lead plaintiff  in the case  was a                                                             
90-year-old  Alaskan  who  had Alzheimer's  for  years,  and  whose                                                             
doctors did  not expect her to improve.  A judge in Anchorage  said                                                             
the action  was so unfair  as to violate  due process, and  another                                                             
judge  said  the same  in  a  similar  case. Mr.  Davis  said  that                                                             
Section 8  of this bill  attempts to ratify  that which  two courts                                                             
have already  found to be manifestly  unfair. He also said  that it                                                             
is  not  true  that  the  state  has  no  way  to  define  material                                                             
improvement,  the issue has  come up time  and again in  the social                                                             
security  system  and  the  courts  have  had  to  articulate  that                                                             
definition.   He  recommended   the  state   look  at  what   other                                                             
jurisdictions have done.                                                                                                        
                                                                                                                                
CHAIR DYSON  thanked  Mr. Davis for  his testimony  and called  Tom                                                             
Johnson from Liberty Northwest Insurance.                                                                                       
                                                                                                                                
2:51:14 PM                                                                                                                    
TOM  JOHNSON,   General   Counsel,  Liberty   Northwest   Insurance                                                             
Corporation  (LNW)  testified  in  favor  of Amendment  2  and  the                                                             
amendment  to Amendment  2.  He said  Section  3 of  the bill  goes                                                             
beyond the  federal requirements addressed  in Section 1  and tries                                                             
to give  the department  tools  to deal  with the  "double-dipping"                                                             
problem that was described earlier.                                                                                             
                                                                                                                                
MR. JOHNSON  said that the  problem with  Section 3 as written,  is                                                             
that it  would make  it illegal to  settle a  case with a  Medicaid                                                             
recipient   without  the   Attorney  General's   involvement.   The                                                             
insurer has  no way of  knowing whether the  insured is  a Medicaid                                                             
recipient,   or  whether  he   and  his   attorney  have   met  the                                                             
requirements  of Section 3.  To avoid paying  money for an  illegal                                                             
and  probably  voidable  settlement,  the  insurer  would  have  to                                                             
notify the  Attorney General  in every  case, which would  increase                                                             
adjustment  costs   and  delay  claims.   The  Amendment   is  very                                                             
important  because it  allows the  insurer that  is acting in  good                                                             
faith, to settle without further liability in the settlement.                                                                   
                                                                                                                                
CHAIR  DYSON  thanked Mr.  Johnson  for  his testimony  and  called                                                             
Kenton Brine of Property Casualty Insurers.                                                                                     
                                                                                                                                
2:53:57 PM                                                                                                                    
KENTON  BRINE,  Northwest   Regional  Manager,  Property   Casualty                                                             
Insurers    Association   of   America,    a   trade    association                                                             
representing  about  1,000  member   companies  across  the  United                                                             
States, testified  in favor  of Amendment 2  as amended.  He echoed                                                             
the  comments  of  Mr.  Johnson,   and  said  that  they  are  also                                                             
concerned  about  the impact  of  this legislation,  and  that  the                                                             
amendments   adopted   by   the   committee   are   a   substantial                                                             
improvement  upon the  original language.  All of  problems he  saw                                                             
with the bill  centered on the previous  version of Section  1, and                                                             
the original  versions  of Sections 2  and 3.  He had no  objection                                                             
to the  remainder  of the bill,  and said  that he  would like  the                                                             
opportunity  to  send  the amended  version  to  the  association's                                                             
members.                                                                                                                        
                                                                                                                                
2:56:28 PM                                                                                                                    
CHAIR DYSON  said he believed the  amended bill would  be available                                                             
at the  sponsor's office  later today,  and that  if the  committee                                                             
did act  on it,  it would  come up  next in  Senate Finance,  where                                                             
the  committee  members  would  be happy  to  hear  any  additional                                                             
comment.                                                                                                                        
                                                                                                                                
2:57:18 PM                                                                                                                    
CHAIR  DYSON  asked whether  anyone  else  in  the room  wanted  to                                                             
testify.                                                                                                                        
                                                                                                                                
2:57:29 PM                                                                                                                    
SENATOR  ELTON suggested  that it  was premature  to move the  bill                                                             
forward.                                                                                                                        
                                                                                                                                
CHAIR DYSON called an at-ease from 2:58:10 PM to 2:58:42 PM.                                                                
                                                                                                                                
CHAIR   DYSON  said   that   this  is   a  significant   piece   of                                                             
legislation,   and   that  it   appears   to  represent   a   great                                                             
collaboration between several departments and the industry.                                                                     
                                                                                                                                
2:59:05 PM                                                                                                                    
SENATOR  GREEN  moved   to  report  CSHB  426(FIN)(title   am),  as                                                             
amended,  from  committee   with  individual  recommendations   and                                                             
accompanying fiscal notes.                                                                                                      
                                                                                                                                
SENATOR   ELTON  objected.   He  said  he   understands  the   time                                                             
constraints,   but  the   sponsor   did  not   explain   everything                                                             
adequately,  and  the committee  made  substantial  amendments.  He                                                             
felt that  they should  have a  greater level  of comfort with  the                                                             
bill before  moving it on and pointed  out that, although  the rest                                                             
of the  committee members  are on the  next committee of  referral,                                                             
he is not.                                                                                                                      
                                                                                                                                
SENATOR ELTON removed his objection.                                                                                            
                                                                                                                                
3:00:24 PM                                                                                                                    
CHAIR  DYSON committed  to bring  Senator Elton's  concerns to  the                                                             
Senate Finance Committee.                                                                                                       
                                                                                                                                
SENATOR  ELTON  noted that  Ms.  Kraly  agreed  to check  into  the                                                             
language  that  would  preclude  the court  from  entering  into  a                                                             
judgment without the Attorney General's approval.                                                                               
                                                                                                                                
CHAIR DYSON  added that  they also expect  guidance from  Ms. Kraly                                                             
on the effective date.                                                                                                          
                                                                                                                                
CHAIR  DYSON announced  SCS  CSHB 426(HES)  was  reported from  the                                                             
Senate Health, Education and Social Services Standing Committee.                                                                
                                                                                                                                
                                                                                                                                
    CSHB 467(HES) am -ADMINISTRATION OF MEDICATION BY A NURSE                                                               
                                                                                                                                
3:01:13 PM                                                                                                                    
CHAIR   DYSON   announced  CSHB   467(HES)   am   to   be  up   for                                                             
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  MIKE  KELLY,  sponsor,  explained  that  this  bill                                                             
would  work  to improve  patient  health  care  and  safety,  while                                                             
improving efficiency.  The Board of  Nursing determined that  it is                                                             
outside the  scope of practice  for a  nurse to administer  dietary                                                             
supplements  to a  patient;  so the  only way  they  can get  these                                                             
supplements is through friends or family members.                                                                               
                                                                                                                                
3:04:47 PM                                                                                                                    
The  passage of  HB 467  would reduce  the practice  of friends  or                                                             
family  bringing  in  supplements  that are  not  coordinated  with                                                             
other  medications  and  allow,  but  not  require,  the  nurse  to                                                             
administer those supplements and add them to the patient record.                                                                
                                                                                                                                
He stated that  any dietary supplement  or remedy would have  to be                                                             
prescribed by  a physician, dentist,  advanced nurse  practitioner,                                                             
podiatrist  or  physician's  assistant,  and  that,  if  the  nurse                                                             
believes  the supplement  should  not be  administered,  he or  she                                                             
can refuse to do so.                                                                                                            
                                                                                                                                
He said  that patients,  doctors, nurses,  pioneer homes and  long-                                                             
term care facilities support the bill.                                                                                          
                                                                                                                                
3:06:36 PM                                                                                                                    
SENATOR  ELTON said  he received  email from  some pharmacists  who                                                             
are  concerned,   and  asked  Representative  Kelly   if  he  could                                                             
address their concerns.                                                                                                         
                                                                                                                                
REPRESENTATIVE  KELLY  said that  the  current situation  does  not                                                             
serve  the needs  of the  patient  and ignores  the  fact that  the                                                             
supplements  are prescribed.  It  also ignores  the  fact that  the                                                             
supplements  are already  coming in, but  in a  manner that  is not                                                             
safe or wise.                                                                                                                   
                                                                                                                                
3:09:55 PM                                                                                                                    
SENATOR ELTON  asked why the  pharmacists are  not in favor  of the                                                             
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE   KELLY  said  he   would  guess  that   they  might                                                             
consider the  supplements, some of  which are not FDA  approved and                                                             
are  outside  the   scope  of  what  the  pharmacists   deal  with,                                                             
inappropriate;  but  that supplements  are  a fact,  and should  be                                                             
administered and monitored in the safest way for the patient.                                                                   
                                                                                                                                
3:10:43 PM                                                                                                                    
CHAIR DYSON introduced Catherine Giessel.                                                                                       
                                                                                                                                
3:10:53 PM                                                                                                                    
CATHERINE  GIESSEL,  MSN,  RN  ANP, Chairperson  of  the  Board  Of                                                             
Nursing,  informed  members  that  she had  forwarded  the  board's                                                             
position paper  and a letter  from the Board  of Pharmacy  to them.                                                             
She   said  that   the   Board  Of   Nursing,   the  Alaska   Nurse                                                             
Practitioners  Association,  and the  Board of  Pharmacy oppose  HB
467,  on  the  grounds   that  it  is  outside  the   scope  for  a                                                             
registered   nurse  because   of   safety  issues.   The   National                                                             
Association  of  School  Nurses wrote  a  position  statement  that                                                             
reflects the nursing board's position.                                                                                          
                                                                                                                                
She  stated  that  the  bill  is  not  "just  about  fish  oil  and                                                             
glucosamine",  but   encompasses  a  broad  range   of  unregulated                                                             
substances.  In  addition,  it was  offered  at  the request  of  a                                                             
single constituent.                                                                                                             
                                                                                                                                
In  1994   the  Dietary   Supplement  and   Health  Education   Act                                                             
classified  these  substances  as  foods,  so  the  Food  and  Drug                                                             
Administration  (FDA) has  to determine  only if  they are  unsafe,                                                             
not  to  prove  that  they are  safe;  and  because  they  are  not                                                             
regulated,  the manufacturer  is not  required to  disclose all  of                                                             
the contents on the label.                                                                                                      
                                                                                                                                
Studies conducted  by ConsumerLab.com  LLC found that they  contain                                                             
broad  ranges  of  contents.  She   related  the  experience  of  a                                                             
licensed nurse  who had chemical  dependency problems at  one time,                                                             
and  who  had  entered  into  an  agreement  with  the  board  that                                                             
required her  to submit to regular  drug screening. During  routine                                                             
screening she  was found to be  positive for barbiturates.  She was                                                             
taking an  unregulated compound prescribed  by a naturopath,  which                                                             
was found  to contain  Phenobarbital. The  licensee was unaware  of                                                             
the contents.                                                                                                                   
                                                                                                                                
3:15:34 PM                                                                                                                    
CHAIR  DYSON  said he  was  led to  believe  the board  or  another                                                             
nurses' group would be meeting further on this.                                                                                 
                                                                                                                                
MS. GIESSEL  responded that  he was probably  told about  a meeting                                                             
of the  Alaska Nurses  Association,  which is  not affiliated  with                                                             
the Board of Nursing.                                                                                                           
                                                                                                                                
CHAIR  DYSON  asked  if  it  is  the  board's   position  that  the                                                             
prescribing   physician  or  nurse   practitioner  should   not  be                                                             
allowed to make the decision about what to administer.                                                                          
                                                                                                                                
MS. GIESSEL  replied  that the issue  is not  about who  prescribes                                                             
the supplement,  but who is allowed  to administer it.  Court cases                                                             
have found  that a nurse can be  held accountable for  any negative                                                             
outcome  resulting from  administration  of supplements,  and  that                                                             
accountability  cannot  be  superseded  by a  prescription  or  the                                                             
policy of the facility.                                                                                                         
                                                                                                                                
CHAIR DYSON  countered  that the  bill is permissive,  in that  the                                                             
nurse can decline to administer the supplement.                                                                                 
                                                                                                                                
MS.  GIESSEL agreed  that is  the language  in the  bill, but  said                                                             
that nurses  place their  jobs in  jeopardy when  they disagree  or                                                             
decline to  administer something  like this  against the policy  of                                                             
the facility.  She stressed  that it  is a safety  issue and  asked                                                             
why  the Pioneer  Homes  require  a waiver  for  administration  of                                                             
these substances if they are so safe.                                                                                           
                                                                                                                                
CHAIR DYSON thanked Ms. Giessel for her testimony.                                                                              
                                                                                                                                
3:18:14 PM                                                                                                                    
ROD  BETIT,  President,  Alaska State  Hospital  and  Nursing  Home                                                             
Association  (ASHNHA), testified  in support of  the bill.  He said                                                             
that  ASHNHA believes  it will  be safer  to  have all  medications                                                             
and supplements  documented  and controlled  by the medical  staff,                                                             
and  that no  hospital or  care facility  would  prosecute a  nurse                                                             
for   declining   to  administer   something   that   she  is   not                                                             
comfortable with.                                                                                                               
                                                                                                                                
3:20:26 PM                                                                                                                    
SENATOR OLSON  commented that  the nursing  board's concern  is its                                                             
scope  of  practice,  and  that  hearing   of  concerns  raised  by                                                             
licensees does not allay his own concerns.                                                                                      
                                                                                                                                
MR.  BETIT asked  if he  was referring  to concerns  of a  licensed                                                             
nurse.                                                                                                                          
                                                                                                                                
SENATOR  OLSON responded  that he  meant the  pharmacists who  were                                                             
weighing in on the matter.                                                                                                      
                                                                                                                                
MR. BETIT said  he had not seen  the pharmacists' letter;  but if a                                                             
physician  makes the determination  that a  product is  appropriate                                                             
based  on other  medications being  prescribed  and the  patient's,                                                             
condition, he thinks the decision should rest there.                                                                            
                                                                                                                                
SENATOR OLSON  said that,  as a physician,  when he prescribes  any                                                             
kind of medication,  he has full  knowledge that the medication  is                                                             
held to  a standard  and he  knows what  it contains.  That is  not                                                             
the case  with a  dietary supplement,  which is  a special  concern                                                             
when dealing  with  brittle elderly  patients. He  stated that  his                                                             
concerns  were not put  at ease  by the assurance  that a  licensee                                                             
would  not place  his or  her license  in jeopardy  by refusing  to                                                             
administer the supplements.                                                                                                     
                                                                                                                                
MR.  BETIT responded  that  he understood  Senator  Olson's  point,                                                             
but  questioned   where  the  greater   risk  lies,  in   including                                                             
physicians in  the decision about  what supplements to  administer,                                                             
or  letting   others  administer   them  without  the   physician's                                                             
knowledge.  In  addition, the  bill  affords  nurses the  right  to                                                             
decline to administer supplements for any reason.                                                                               
                                                                                                                                
SENATOR  OLSON said  that he  is concerned  that a  nurse could  be                                                             
caught  in  the   middle  and  her  license  jeopardized   for  not                                                             
following  the physician's  orders,  even  if she  has  information                                                             
indicating  that compliance  is contrary  to the  best interest  of                                                             
the patient.                                                                                                                    
                                                                                                                                
3:23:45 PM                                                                                                                    
SENATOR OLSON  asked whether  the sponsor  had heard anything  from                                                             
Alaska State Medical Board.                                                                                                     
                                                                                                                                
REPRESENTATIVE  KELLY said no, that  he had one physician  lined up                                                             
to  join them,  but  he  could not  make  it  due to  a  scheduling                                                             
conflict.                                                                                                                       
                                                                                                                                
SENATOR OLSON  asked if he  was referring  to the medical  board or                                                             
the medical association.                                                                                                        
                                                                                                                                
REPRESENTATIVE  KELLY replied  that he did not  have a letter  from                                                             
either of them.                                                                                                                 
                                                                                                                                
3:24:24 PM                                                                                                                    
CHAIR DYSON  said the committee was  out of time and apologized  to                                                             
those who  did not  have an  opportunity to  testify. He  mentioned                                                             
that  he had  written  messages  from  Rick  Shakura (ph)  and  the                                                             
Alaska State Hospital and Nursing Home Association.                                                                             
                                                                                                                                
Virginia Smiley  was present on behalf  of the Division  of Pioneer                                                             
Homes. She  agreed to  provide written  testimony and be  available                                                             
to testify later in the week.                                                                                                   
                                                                                                                                
SENATOR  WILKEN asked  if  there were  further  referrals for  this                                                             
bill.                                                                                                                           
                                                                                                                                
Unidentified speakers: Just HES                                                                                                 
                                                                                                                                
CHAIR  DYSON said  that  no one  from  the nurses  association  was                                                             
signed  up to  testify. He  also wanted  to hear  from the  medical                                                             
association  and/or the state  board between  this meeting  and the                                                             
next.                                                                                                                           
                                                                                                                                
[HB 467 was held over.]                                                                                                         
                                                                                                                                
There  being no  further  business to  come before  the  committee,                                                             
Chair  Dyson adjourned  the  Senate  Health, Education  and  Social                                                             
Services Standing Committee meeting at 3:25:59 PM.                                                                            

Document Name Date/Time Subjects