03/30/2016 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB113 | |
| SB156 | |
| SB179 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 113 | TELECONFERENCED | |
| += | SB 156 | TELECONFERENCED | |
| *+ | SB 179 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE
March 30, 2016
1:32 p.m.
MEMBERS PRESENT
Senator Bert Stedman, Chair
Senator Bill Stoltze
Senator Johnny Ellis
MEMBERS ABSENT
Senator Pete Kelly
Senator Cathy Giessel, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 113
"An Act relating to prescribing, dispensing, and administering
an investigational drug, biological product, or device by
physicians for patients who are terminally ill; and providing
immunity for persons manufacturing, distributing, or providing
investigational drugs, biological products, or devices."
- MOVED CSSB 113(HSS) OUT OF COMMITTEE
SENATE BILL NO. 156
"An Act relating to insurance coverage for contraceptives and
related services; relating to medical assistance coverage for
contraceptives and related services; and providing for an
effective date."
- MOVED CSSB 156(HSS) OUT OF COMMITTEE
SENATE BILL NO. 179
"An Act prohibiting abortions when the unborn child is viable
outside the pregnant woman's womb with certain exceptions;
providing that an infant removed from a pregnant woman's womb
alive after an abortion may be surrendered and found to be a
child in need of aid; and repealing a prohibition against
partial-birth abortions."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 113
SHORT TITLE: NEW DRUGS FOR THE TERMINALLY ILL
SPONSOR(s): SENATOR(s) WIELECHOWSKI
04/17/15 (S) READ THE FIRST TIME - REFERRALS
04/17/15 (S) HSS, JUD
02/24/16 (S) HSS AT 1:30 PM BUTROVICH 205
02/24/16 (S) Heard & Held
02/24/16 (S) MINUTE(HSS)
03/30/16 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 156
SHORT TITLE: INSURANCE COVERAGE FOR CONTRACEPTIVES
SPONSOR(s): SENATOR(s) GARDNER
01/22/16 (S) READ THE FIRST TIME - REFERRALS
01/22/16 (S) HSS, L&C
02/24/16 (S) HSS AT 1:30 PM BUTROVICH 205
02/24/16 (S) Heard & Held
02/24/16 (S) MINUTE(HSS)
03/30/16 (S) HSS AT 1:30 PM BUTROVICH 205
BILL: SB 179
SHORT TITLE: BAN LATE TERM ABORTION; CHILD SURRENDER
SPONSOR(s): SENATOR(s) COGHILL
02/12/16 (S) READ THE FIRST TIME - REFERRALS
02/12/16 (S) HSS, JUD
03/30/16 (S) HSS AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR BILL WIELECHOWSKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, introduced SB 113.
SENATOR BERTA GARDNER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 156.
KATIE BRUGGEMAN, Staff
Senator Berta Gardner
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented changes made in version N of SB
156.
SENATOR JOHN COGHILL
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, introduced SB 179.
RYNNIEVA MOSS, Staff
Senator John Coghill
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 179 on behalf of
the sponsor.
ACTION NARRATIVE
1:32:55 PM
CHAIR BERT STEDMAN called the Senate Health and Social Services
Standing Committee meeting to order at 1:32 p.m. Present at the
call to order were Senators Ellis, Stoltz, and Chair Stedman. He
noted three bills before the committee, SB 113, SB 156, and SB
179.
SB 113-NEW DRUGS FOR THE TERMINALLY ILL
1:33:42 PM
CHAIR STEDMAN announced the consideration of SB 113.
1:34:33 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, as sponsor,
introduced SB 113. He termed SB 113 the "Right to Try" bill. It
would create a legal climate in which terminally ill patients
who have exhausted all FDA-approved treatment options may work
with their doctors and drug manufacturers to access
investigational treatments that have passed Phase I of the FDA
approval process but are not yet widely available. A similar
bill has been passed in 25 states. It is estimated that over a
million Americans die from terminal illness. Currently, only
about 3 percent are accepted into clinical trials and have
access to these drugs.
SENATOR STOLTZE thanked the sponsor for answering all his
questions.
1:36:07 PM
SENATOR ELLIS moved to report SB 113, labeled 29-LS0783\H,
from committee with individual recommendations and attached zero
fiscal note. There being no objection, the motion carried.
SB 156-INSURANCE COVERAGE FOR CONTRACEPTIVES
1:36:26 PM
CHAIR STEDMAN announced the consideration of SB 156.
1:36:56 PM
SENATOR ELLIS moved to adopt CSSB 156, labeled 29-LS1144\N.
CHAIR STEDMAN objected for discussion.
1:37:13 PM
SENATOR BERTA GARDNER, Alaska State Legislature, sponsor of SB
156.
KATIE BRUGGEMAN, Staff, Senator Berta Gardner, Alaska State
Legislature, presented changes made in version N of SB 156,
noting there were several errors in the previous version. The
wording "over the counter contraception" was removed throughout
the bill, which resulted in the removal of a fiscal note for
$1.3 million from Department of Health and Social Services
(DHSS).
1:38:19 PM
CHAIR STEDMAN removed his objection.
1:38:33 PM
MS. BRUGGEMAN explained that the bill is an insurance mandate
that would offer the option of providing 12 months of self-
administered hormonal contraception. It would allow Alaskan
women the opportunity to receive a larger supply of
contraceptives should their life-style require it. It is an
option for women.
She pointed out that there is currently a negative fiscal note
from DHSS of $1.2 million in FY 17. It is a federal savings of
$1 million and $230,000 in GF savings via the Medicaid program.
She explained that there are many reasons women use hormonal
contraceptives, not just to prevent pregnancy. She concluded
that the bill is great policy for Alaska because it helps women
achieve their education and career goals through strategic
family planning and is a positive economic step for families. It
fosters a woman's right to privacy and aids in convenience.
1:41:04 PM
SENATOR GARDNER noted this is not a new insurance coverage
benefit. It provides that after a three-month period for the
first dispensing, if a doctor deems it satisfactory to continue,
a women can request a 12-month supply of contraceptives, if they
choose. They would have to pay insurance co-pays, but may save
money by buying in bulk.
1:41:49 PM
SENATOR ELLIS moved to report CSSB 156(HSS), labeled 29-
LS1144\N, from committee with individual recommendations and
attached fiscal note. There being no objection, the motion
carried.
SB 179-BAN LATE TERM ABORTION; CHILD SURRENDER
1:42:32 PM
CHAIR STEDMAN announced the consideration of SB 179.
1:42:53 PM
SENATOR JOHN COGHILL, Alaska State Legislature, as sponsor,
introduced SB 179. He explained that the bill provides that if a
baby is found to be viable under a doctor's judgement, and a
mother requests an abortion, the baby would be delivered and
given up as a child in need of aid. He noted that "viability" is
a new concept in law. The bill repeals the partial-birth
abortion ban that has been found unconstitutional.
He referred to a booklet that contains several studies on
abortion. It shows which states and countries have various bans
on abortions. The U.S. is only one of seven countries out of 198
that permit elective abortions past 20 weeks. The U.S fits in
between allowing bans between 20 to 22 weeks. He discussed the
survival rate at various weeks. He referred to a Gallop Poll
that found that 80 percent say during the last months of
pregnancy, the fetus should be treated as viable.
1:47:05 PM
He discussed Roe v. Wade and said the Supreme Court maintains
that states have an interest in protecting the life of a fetus
after viability - the point at which the fetus is capable of
living outside the womb. He read that the compelling point is at
viability and the state may go as far as prohibiting abortion at
that period, except to preserve the life of the mother.
He stated that Planned Parenthood v. Central Missouri upheld the
viability clause, as did Planned Parenthood v. S.E.
Pennsylvania. The bill tries to protect the life of the mother
and fetus, and allows the doctor to determine viability. He used
another example of Gonzales v. Carhart to make his point about
the viability clause.
1:50:00 PM
SENATOR COGHILL concluded that he has tried to maintain a
women's right, as well as viability. He concluded that viability
is the big question when determining the value of life. He
referred to wording on page 2, lines 11 - 13, which addresses
the clinical judgment of a doctor to determine viability. He
highlighted Section 1 regarding when an abortion may be
performed. He discussed DHSS's involvement regarding CINA when
the state takes custody of the child.
1:52:21 PM
SENATOR ELLIS asked about the phrase "meaningful life" as it
applies to viability.
SENATOR COGHILL said that is his own term. The legal term is
viability and there is a definition of viability in the bill and
it is dependent on a doctor's integrity.
CHAIR STEDMAN asked whether Legislative Legal has concerns about
SB 179.
RYNNIEVA MOSS, Staff, Senator John Coghill, Alaska State
Legislature, presented information on SB 179 on behalf of the
sponsor. She said Legislative Legal has no legal opinion of
version W.
1:54:24 PM
SENATOR STOLTZE asked whether the term is "unborn baby" or
"fetus."
SENATOR COGHILL said "fetus" means "baby" and he uses them
interchangeably.
He thanked the committee for hearing the bill. He noted the
issue has been hotly debated. It is about a baby that could
survive an unwanted pregnancy. He said an abortion can be
performed and still have a live birth and viability becomes the
question. SB 179 is important for Alaska where "we value life
very highly." It is a move in the right direction and is a
matter that must be argued under the auspices of the law. The
bill has respect for the life of a woman and the child, who may
not be wanted.
1:55:58 PM
SENATOR ELLIS asked who files the CINA petition and what the
burden on the state is.
MS. MOSS explained that if the child is unwanted, the physician
or health practitioner would contact Office of Children's
Services (OCS) who would take custody of the child.
SENATOR ELLIS asked if OCS would designate that child as a child
in need of aid.
MS. MOSS said yes.
1:57:16 PM
CHAIR STEDMAN held SB 179 in committee.
1:57:22 PM
There being no further business to come before the committee,
Chair Stedman adjourned the Senate Education Standing Committee
at 1:57 p.m.